The DOMA Project Continues Press for Abeyance: Cathy and Catriona Attend Green Card Interview in Denver

C&C at USCIS 625

Arriving at USCIS Denver Field Office

Last week The DOMA Project traveled to Denver, Colorado to join Cathy and Catriona, one of our many participant binational couples, as they attended a green card interview at their local USCIS office. Parents of three beautiful children, they were running out of options last year when Cathy’s H-1B visa petition was denied. They decided to join The DOMA Project, file a green card petition based on their marriage and assert their right to be treated equally under the law. As a result of that filing, Cathy received an employment authorization card and the couple was scheduled for an interview. The DOMA Project has attended green card interviews with married lesbian and gay binational couples at a variety of local USCIS offices around the country over the past two years. To the best of our knowledge, Cathy and Catriona were the first same-sex couple to be interviewed in Denver. After their green card interview, Cathy and Catriona visited their Congressman Jared Polis at his Boulder office and spoke with him and his staff about the need for USCIS to institute an “abeyance” policy that would ensure that green card petitions filed by lesbian and gay couples would be put on hold until the Supreme Court rules on DOMA in June.

POLIS CATHY CATRIONA LSS 625

Catriona and Cathy with DOMA Project co-founder, attorney Lavi Soloway, and Congressman Jared Polis in Boulder, Colorado

In Colorado we continued our collaboration with Brynn Gelbard and The Devote Campaign, shooting another short film for our series, “Love Stories: Binational Couples on the Front Lines in the Fight Against DOMA.”  We spent a wonderful afternoon with Cathy, Catriona and their children exploring Boulder, Colorado.  Their story begins when they met while mountain climbing in the Himalayas in 2006.  They were both originally from small towns in Ireland that were just a few miles apart. Catriona is a naturalized U.S. citizen who came to the United States more than 30 years ago. Cathy, who was working as a nurse in Dublin, began traveling back and forth between Ireland and the United States until she obtained a temporary visa that allowed her to work as a nurse.  Within a few years they had adopted a son from Guatemala and two daughters from Haiti.  With all five members of the family born outside the United States, Cathy and Catriona represent the uniquely American experience of immigration: a convergence of individuals whose paths to this country differed greatly, but who have formed one solid, loving, and beautiful family.

Petition

And now they must fight to keep their family together.

Please sign The DOMA Project petition to President Obama (click here) urging the administration to stop denying green card petitions filed by same-sex binational couples and to hold them in abeyance until the Supreme Court rules on DOMA.

Cathy describes the experience of attending the interview with their attorney, Lavi Soloway, where the couple presented a voluminous file of supporting evidence proving that she and Cathy have a bona fide marital relationship:

“The days building up to the green card interview were nerve-wracking, filled with “what if’s.” We felt very anxious about the prospect of being rejected, refused, worse still, facing the very remote possibility of a deportation proceeding. We had no idea how we would be received or treated by the officer. We hoped for the best, but we prepared every category of evidence knowing that we might face a hostile officer. We knew that whatever happened, DOMA was our biggest obstacle. Despite our worries our conviction never wavered: we had every right to be there and to demand to be treated fairly and with respect. Furthermore, we had every right to make a request that our case be held in abeyance with the Supreme Court ruling on DOMA little more than five months away.

Cathy Catriona and the kids 625

“We had an early start. With our champions, Lavi and Brynn, we set off before dawn for the USCIS Office in Centennial Colorado.

I couldn’t relax knowing that we were probably the first same-sex couple to be interviewed in Colorado in connection with a marriage-based green card petition. Our family’s future, like many LGBT families across the United States, depended on this process.

We proceeded to the waiting area and within a short period my name was called. I was a bundle of nerves, but reassured myself that we were doing the right thing. We were presenting an abundance of evidence proving we were a married couple with a family. We only had the discriminatory and unconstitutional law, DOMA, standing between us and our future staying together in the United States.

The interview itself was great. The interviewing officer was kind, respectful, courteous, and very understanding. All evidence was accepted and our file is now being held for further review.

We left on a high note, encouraged that we had not been summarily knocked down, or turned away with our hopes and dreams in shatters. Most importantly, we had not been denied. We left hopeful and optimistic as to the future. We are fully aware that the ultimate goal, approval of our green card petition cannot come until DOMA is gone, we believe it is an enormously important step for USCIS to be meeting with us and interviewing us about our marriage, in short treating us like all other married couples.”

Catriona notes that she was happily surprised that her worst expectations did not transpire:

“I must admit that I really expected a cold, officious reception with a high probability that we might not get to even sit down with an officer before being shown the exit door with a denial. I suppose I braced myself to be treated like an oddity that had no place in a process that allows only heterosexual couples to be successful. Boy was I wrong! The USCIS Officer was extremely gracious and welcoming and followed the interview process in a professional and courteous manner, kindly letting us know that, although we had more than enough evidence of a valid marriage, she informed us that she could not yet approve our petition because of the law. Of course we understood that going into the process, but in her respectful treatment of our case and her careful review of our evidence validated our effort to be treated equally. We understood that day that we were fighting for our family and for all other lesbian and gay binational couples. We left feeling that we had won another incremental victory in this civil rights struggle. It was empowering to meet with an officer and to make our case, and we realized more than ever that we were indeed holding the government accountable and pressing USCIS to do better than simply issue denials based on DOMA. This was a huge step forward for us. It really was a positive experience. We left the USCIS office a lot lighter in step with a lot more hope and optimism than before. We believe strongly that we must do our part to make change happen so that our three children grow up in a world in which all families are valued and respected. Last week we took a step in that direction.”

Cathy Catriona on Set 625

“Love Stories: Binational Couples on the Front Lines Against DOMA”

© The DOMA Project

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This is a pro-bono project of the law firm of Masliah & Soloway, PC. Posts on this website are offered for informational purposes only and do not constitute legal advice. The law firm of Masliah & Soloway, PC has offices in New York and Los Angeles. Our practice is limited to U.S. Immigration & Nationality Law.