Princeton same-sex spouse won't be deported

[Zero Sum 305]

After more than a year of anguish, Venezuela native Henry Velandia, the legal spouse of Josh Vandiver, a Princeton University graduate student, learned this week that he will not be deported after all.

Immigration enforcement officials have decided the case is not worth pursuing.

It was a historic victory, according to the couple and their lawyer, Lavi Soloway, who said it was the first time immigration officials had made a decision to not deport the spouse of a gay or lesbian American on the basis of their marriage.

Vandiver, 30, said it was “the second happiest day of (his) life,” second only to his marriage to Velandia, 27.

The couple met in Princeton five years ago and married last August in Connecticut, where same-sex marriage is legal. They live now in Princeton, but they have faced the possibility that Velandia could be deported since 2009, when deportation proceedings were initiated, according to the couple’s lawyer, Lavi Soloway.

Velandia, a professional salsa dancer who operates his own school, Princeton-based HotSalsaHot, came to the U.S. nine years ago, but his visitor’s visa expired and he has been unable to qualify for a spouse visa because the couple is in a same-sex marriage.

The Defense of Marriage Act prohibits the federal government from recognizing same-sex marriage and thus, bars gay and lesbian Americans from sponsoring their spouses for immigration.

“Knowing now that our marriage is not going to be destroyed, this has to be the second best day,” Vandiver said. “Now we can look forward to the rest of our lives together.”

Velandia was overcome with relief, he said.

“For the first time, he felt like he could breathe again,” Vandiver said.

Velandia’s deportation case was closed Wednesday after Jane H. Minichiello, the chief counsel at the Newark office of Immigration and Customs Enforcement, decided that it was no longer a law enforcement priority, Soloway said.

The couple, and Soloway, had filed a request in April for Minichiello to use her prosecutorial discretion to close the case. Since the government was unwilling to do so at the time, Velandia returned to court in May, but the judge postponed his deportation hearing.

However, several weeks later, Soloway received a call that government officials had changed their position.

The government uses guidelines to prioritize cases, and came to a conclusion that this case is not a priority, Soloway said.

“It’s the right thing to do, he said. “The government should direct its resources toward deporting individuals who are convicted of serious crimes, a danger to their communities or a threat to national security, and not toward innocent people, especially where those individuals, if deported, would be tearing a family apart,” Soloway said.

Though the decision does not set a legal precedent, it establishes that the government has the power and the inclination to “do the right thing,” Soloway said.

“Frankly, the only obstacle between that individual and a green card is this one law (the Defense of Marriage Act) that the president and the attorney general have said is unconstitutional and that they won’t defend,” he said.

While Soloway acknowledged that the Defense of Marriage Act won’t be repealed or struck down by the Supreme Court overnight, he said the couple’s victory ultimately will contribute to its demise.

“It’s really important that couples who are threatened with being separated by deportation ... talk about their life experience, the love they share, the commitment they made, the family they established, and demonstrate for people that the power of the personal story can be as great as the power of the law,” Soloway said. “It’s the power of the personal story that changes the law.”

Vandiver said he hopes the decision has an impact nationally.

“If we can do a small part to help repeal the Defense of Marriage Act, then this struggle over the last year would have been worth it,” he said.

[Bad_Daddy 2,209]

So here we have a case of a VJ member supporting illegal immigrants. Go figure....

[Obama 2012 1,714]

letting criminals get by with everything.

Yup, great example we are setting here.

The point isn't right or wrong, the point is the law is the law of the land right now and the guy violated it. Plain and simple.

You want things to be better? change the laws.

Otherwise don't cry when you're deported for a silly reason.

And whether he 'qualified' or not, did he file spousal paperwork? Did he even try.

If he didn't that just makes it even worse.

[Zero Sum 305]

So here we have a case of a VJ member supporting illegal immigrants. Go figure....

Not what I said. It seems the DOMA might not last that much longer if equity in marriage rights continues to improve for the entire population.

letting criminals get by with everything.

Yup, great example we are setting here.

The point isn't right or wrong, the point is the law is the law of the land right now and the guy violated it. Plain and simple.

You want things to be better? change the laws.

Otherwise don't cry when you're deported for a silly reason.

And whether he 'qualified' or not, did he file spousal paperwork? Did he even try.

If he didn't that just makes it even worse.

I agree with your opinion. Current law is what it is. It should be changed.

[Saddle Bronc 124]

So here we have a case of a VJ member supporting illegal immigrants. Go figure....

Already known from ZS' support of Aztlan Movement front La Raza.

[Zero Sum 305]

Already known from ZS' support of Aztlan Movement front La Raza.

More mischaracterization Senator MaCarthy?

[Eric-Pris 1,607]

The guy married AFTER deportation proceedings began (another crock of sh*t-takes 2 years to deport somebody?). If he was straight, the illegal alien would be on a plane back to where he came from. But because they're gay, immigration had show how PC they are. Total #######.

[sleepy in Seattle 3]

After more than a year of anguish, Venezuela native Henry Velandia, the legal spouse of Josh Vandiver, a Princeton University graduate student, learned this week that he will not be deported after all.

Immigration enforcement officials have decided the case is not worth pursuing.

It was a historic victory, according to the couple and their lawyer, Lavi Soloway, who said it was the first time immigration officials had made a decision to not deport the spouse of a gay or lesbian American on the basis of their marriage.

Vandiver, 30, said it was the second happiest day of (his) life, second only to his marriage to Velandia, 27.

The couple met in Princeton five years ago and married last August in Connecticut, where same-sex marriage is legal. They live now in Princeton, but they have faced the possibility that Velandia could be deported since 2009, when deportation proceedings were initiated, according to the couples lawyer, Lavi Soloway.

Velandia, a professional salsa dancer who operates his own school, Princeton-based HotSalsaHot, came to the U.S. nine years ago, but his visitors visa expired and he has been unable to qualify for a spouse visa because the couple is in a same-sex marriage.

The Defense of Marriage Act prohibits the federal government from recognizing same-sex marriage and thus, bars gay and lesbian Americans from sponsoring their spouses for immigration.

Knowing now that our marriage is not going to be destroyed, this has to be the second best day, Vandiver said. Now we can look forward to the rest of our lives together.

Velandia was overcome with relief, he said.

For the first time, he felt like he could breathe again, Vandiver said.

Velandias deportation case was closed Wednesday after Jane H. Minichiello, the chief counsel at the Newark office of Immigration and Customs Enforcement, decided that it was no longer a law enforcement priority, Soloway said.

The couple, and Soloway, had filed a request in April for Minichiello to use her prosecutorial discretion to close the case. Since the government was unwilling to do so at the time, Velandia returned to court in May, but the judge postponed his deportation hearing.

However, several weeks later, Soloway received a call that government officials had changed their position.

The government uses guidelines to prioritize cases, and came to a conclusion that this case is not a priority, Soloway said.

Its the right thing to do, he said. The government should direct its resources toward deporting individuals who are convicted of serious crimes, a danger to their communities or a threat to national security, and not toward innocent people, especially where those individuals, if deported, would be tearing a family apart, Soloway said.

Though the decision does not set a legal precedent, it establishes that the government has the power and the inclination to do the right thing, Soloway said.

Frankly, the only obstacle between that individual and a green card is this one law (the Defense of Marriage Act) that the president and the attorney general have said is unconstitutional and that they wont defend, he said.

While Soloway acknowledged that the Defense of Marriage Act wont be repealed or struck down by the Supreme Court overnight, he said the couples victory ultimately will contribute to its demise.

Its really important that couples who are threatened with being separated by deportation ... talk about their life experience, the love they share, the commitment they made, the family they established, and demonstrate for people that the power of the personal story can be as great as the power of the law, Soloway said. Its the power of the personal story that changes the law.

Vandiver said he hopes the decision has an impact nationally.

If we can do a small part to help repeal the Defense of Marriage Act, then this struggle over the last year would have been worth it, he said.

This is great news for I support Gay marriages, I would never impose my religious values on anybody. I am glad that they are able to remain together

As for the law it needs to be changed, we need a fair and just system for all.

Edited July 1, 2011 by sleepy in Seattle

[Bad_Daddy 2,209]

This is great news for I support Gay marriages, I would never impose my religious values on anybody. I am glad that they are able to remain together

And yet another VJ member who supports illegal immigration. So much for the process eh? Yes please come into the United States of American illegally...seeing how our laws here don't mean jack sh*t to you people.

[Zero Sum 305]

The guy married AFTER deportation proceedings began (another crock of sh*t-takes 2 years to deport somebody?). If he was straight, the illegal alien would be on a plane back to where he came from. But because they're gay, immigration had show how PC they are. Total #######.

It would seem to be the case, but that could also be just your opinion on either examples you are considering.

And yet another VJ member who supports illegal immigration. So much for the process eh? Yes please come into the United States of American illegally...seeing how our laws here don't mean jack sh*t to you people.

As I stated before, this poster also states the law needs to be changed. Maybe new glasses there?

[sleepy in Seattle 3]

It would seem to be the case, but that could also be just your opinion on either examples you are considering.

As I stated before, this poster also states the law needs to be changed. Maybe new glasses there?

lol! YOUR TO FUNNY! hehehehe. The glasses part lol. I agree with you some people need to read things over more carefully before jumping down peoples throat. I believe some one here is trying to prove just how wonderful of a american citizen the'll make some day, I see some brown stuff on somebody nose, hehehe

Edited July 1, 2011 by sleepy in Seattle

[Deputy Purple 1,294]

I support same sex marriages...

I don't support marrying to circumvent Immigration Laws.

I think if a marriage is entered into AFTER deportation proceedings have been filed then such marriage should automatically be determined as fraudulent and the alien spouse deported while the USC spouse is charged with a crime. This should be true for ALL Marriages regardless of sexual orientation or gender of the Alien spouse.

[Zero Sum 305]

I support same sex marriages...

I don't support marrying to circumvent Immigration Laws.

I think if a marriage is entered into AFTER deportation proceedings have been filed then such marriage should automatically be determined as fraudulent and the alien spouse deported while the USC spouse is charged with a crime. This should be true for ALL Marriages regardless of sexual orientation or gender of the Alien spouse.

In my opinion the "petitioner" (very loose application of the concept) may be shooting for a 'Rosa Parks' moment. I certainly hope for their happiness, but he and his husband need to apply current law while they seek change.

[sleepy in Seattle 3]

In my opinion the "petitioner" (very loose application of the concept) may be shooting for a 'Rosa Parks' moment. I certainly hope for their happiness, but he and his husband need to apply current law while they seek change.

Unfortunately gay rights been left by the road side and needs to be changed in order for the system to work for everyone equally. I do agree with you.

Edited July 1, 2011 by sleepy in Seattle

[Zero Sum 305]

Unfortunately gay rights been left by the road side and needs to be changed in order for the system to work for everyone equally. I do agree with you.

Existing rights are being legislated state by state. Hopefully this will impact the national scene a bit, and soon. Its ironic that some defenders of 'states rights' are completely in favor of having the Federal government deny individual marriage rights- and on this community its no surprise they'd mention the same process all of the rest of us heterosexuals use to be together with our loved ones.