USCIS Approves 2010 Green Card Petition for Pioneering Gay Couple Who Stopped the First DOMA Deportation

JOSH_AND_HENRY_MAY_2011

Josh and Henry photographed in May in New Jersey’s Liberty State Park (Jonathan Ystad/GetEqual)

In the summer of 2010, Josh and Henry married in Connecticut, eight years after Henry first arrived in this country with his mother and sister from Venezuela. A failed employment-based immigration case filed by an unscrupulous lawyer had resulted in Henry being placed into deportation proceedings. After approaching the law firm, Masliah & Soloway, they joined our newly-formed campaign, The DOMA Project.

Masliah & Soloway filed one of their first green card petitions for a married same-sex couple on behalf of Josh and Henry. They then set off on a program of public advocacy that stretched from mainstream television and print to social media. On September 26, 2010, with Henry’s mother, Luz, and attorney Lavi Soloway, The DOMA Project attended a rally for Marriage Equality in lower Manhattan with other binational couples, for the first time fighting to “Stop The Deportations.”

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And that is how it all started. What followed was a three-year campaign in Immigration Courts, USCIS offices and in the Court of Public Opinion, engaging the White House, U.S. Senators and Josh and Henry’s strongly supportive Congressman, Rush Holt.

Josh and Henry, who have been together since 2006, not only inspired hundreds of other couples to join the campaign and take a more direct approach, but also proved by their actions that a small group of committed individuals could bring about change.

In the spring of 2011, Josh and Henry won a major victory when ICE agreed to stop deportation proceedings against Henry, and for the first time the government agreed to close proceedings acknowledging that this deportation would not be taking place if not for DOMA. We salute them today and look forward to sharing more good news here about other couples who are finally experiencing what it means to win equality and end discrimination against LGBT families in US immigration law.

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This week, Josh and Henry learned that their green card petition filed in 2010 in defiance of DOMA has been approved exactly three years after it was filed. During these three years, Josh and Henry’s narrative inspired hundreds of other binational couples to join a public fight for equality by sharing their own stories with their communities, with their elected officials, and with the media.

As Josh and Henry’s story comes full circle, our work continues to make sure that all lesbian and gay binational couples are swiftly reunited and able to move forward with their future with security and full protection of the laws.

4 comments


  • Charlie Chen

    Please add case information to Wikipedia’s entry on DOMA and immigration cases!

    http://en.wikipedia.org/wiki/Defense_of_Marriage_Act#Immigration_cases

    September 24, 2013
  • Lydia Alminiana

    Congratulations to both of you. Thank you for everything that you have done for our cause. It was your article that I have found on the internet that led us to the DOMA project. Your story was an inspiration to me and my wife Linda.
    Best of luck to both of you.

    September 24, 2013
  • Rowen and Anna

    Thank you so much for being brave enough to keep
    pushing! Congradulations!

    September 25, 2013
  • Alexis&Lynne

    Congratulations to you both! Such uplifting news. May you have a long and happy life together.

    October 4, 2013

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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.