Nonheterosexual Binational Families: Resilient Victims of Sexual Prejudice and Discriminatory Immigration Policies

Abstract

An unprecedented number of American citizens are facing the challenge of being in a non-heterosexual binational relationship. Although immigration laws are based on the principle of family unification, under current federal law lesbian, gay, and bisexual Americans cannot sponsor their same-sex foreign national partners for residency in the United States. Consequently, an estimated 36,000 couples face the threat of family separation because the narrow definition of “family” used by U.S. immigration services excludes same-sex binational couples and their children. Despite the fact that family research indicates that long periods of separation have harmful effects on the family, immigration law continues to deny binational families the basic right of family unity afforded many of their heterosexual counterparts. Bi-national couples must learn how to function in a social system while dealing with heterosexism, overt discrimination, violence, and the psychological symptoms that result from helplessness. This article will explore the ways in which nonheterosexual binational families must struggle to keep their families together as a result of the discriminatory ways in which laws are constructed in this country. We propose that discriminatory immigration policies have neglected contemporary family research that describes the family as a diverse array of intimate systems that provide mutual care.

KEYWORDS:

• binational couples
• sexual prejudice
• discrimination
• immigration policies
• Uniting American Families Act