Give to every human being every right that you claim for yourself
Robert Ingersoll
A Special Thank You to Jane Chiang, Esq.
Immigration Attorney Jane C. Chiang of Cambridge (www.sednalaw.com) provided attentive, creative and knowledgeable legal counsel during the nearly three years we were separated by unfair laws. Her multi-faceted approach enabled several strategies to be simultaneously executed — all intensely focused on the ultimate goal of reuniting our family. Attorney Chiang’s unique and strategic solutions and her compassion and diligence won our respect and admiration. We continue to work together and heartily recommend her services.Genesio Oliveira, Jr. and Tim Coco
The “Reunite this Family” term was coined by the Boston Globe in an editorial in support of Tim Coco and Genesio “Junior” Oliveira.
“Great strides toward equality
for gays have been made in
this country, but the woeful fate of Tim Coco and Genesio Oliveira
shows that
thousands of same-sex couples, even in
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Thank You!
Junior Returns Home Thanks to Senator John Kerry!
June 9, 2010
A
week ago today, Junior walked through the gate at Logan International
Airport and into my arms. After nearly three years of forced
separation, our family had finally been reunited.
Our reunion
would not have been possible without the intervention of Senator John
Kerry and his amazing staff. Senator Kerry’s compassion, dedication and
persistence helped us keep our faith during the darkest of times. Thank
you Senator Kerry from both of us!
I first briefed Senator Kerry on the
situation two years ago when he attended a Haverhill Democratic City
Committee breakfast. His concern and interest was immediately evident.
He personally renewed his pledge to find a solution during
Congresswoman Niki Tsongas’ Fifth District Day in Washington, D.C. a
short while later. His devoted team included Legislative Assistant
Alexandra Núñez, Chief of Staff David Wade and State Director Andrew
O’Brien. Again, thank you!
Many grateful thanks to all of you
too. Whether you wrote letters, contributed to our legal fund, signed
petitions, helped open doors, sent a note, said prayers or simply
wished us well, we could not have kept the faith without you.
There
is still much to do. We have one year to turn a one-year humanitarian
visa into permanent residence for Junior. Saturday’s Boston Globe
editorial offers a good summary of where things stand.
June 5, 2010
A MARRIED Haverhill couple who were kept apart by the so-called Defense of Marriage Act got a reprieve this week, thanks to US Senator John Kerry, but the underlying injustice still needs to be remedied. On Wednesday, Genesio Oliveira returned to Massachusetts after being separated from his husband, Tim Coco, for nearly three years. Keeping families together is a high priority in US immigration rules. But the 1996 marriage law bans any federal acknowledgement of same-sex couples, so Oliveira had to return to his native Brazil.
Fortunately for Oliveira and Coco, Kerry intervened for them, as did Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano. Oliveira received a one-year humanitarian parole — a rare exemption that allows otherwise ineligible people into the country. Maybe some route to permanent residency will now open up. But if not, what are Oliveira and Coco supposed to do when the year is over?
There is some hope. Two important lawsuits — one by Attorney General Martha Coakley and the other by the group Gay and Lesbian Advocates and Defenders — are challenging provisions of the federal law that discriminate against couples who were legally married in Massachusetts. Better yet, Congress could just repeal a law that, far from defending anybody’s marriage, merely hassles people who want to live together happily.
We will be sure to keep you posted. Again, thank you!
Tim
Coco
On Wednesday, Oliveira returned to Massachusetts for an emotional reunion after federal immigration officials took the rare step of granting him permission to stay for one year on humanitarian grounds, clearing the way for him to try again for legal residency. His return followed personal appeals by Senator John F. Kerry, US Attorney General Eric Holder, and Homeland Security Secretary Janet Napolitano on their behalf. Tim Coco and Genesio “Junior” Oliveira are a happily and legally married Massachusetts couple. They were happy, that is, until August, 2007, when they were forcibly separated by the U.S. government, which does not recognize their marriage under the 1996 Defense of Marriage Act (DOMA). During the Justice Department hiring
scandal, a conservative
ideologue, Francis L. Cramer, was appointed to hear Junior’s case. While Judge Cramer found Junior’s
testimony to meet the required legal standard of “credible,” he inexplicably denied the immigration petition in 2006. A year later, it was reported
that Judge Cramer was inexperienced and not qualified to serve. As the Washington Post reported June 11, 2007: The Bush
administration increasingly emphasized partisan
political ties over expertise in recent years in selecting the judges
who decide the fate of hundreds of thousands of immigrants, despite laws
that preclude such considerations… …another failed tax
court nominee, Francis L. Cramer, a former campaign treasurer for Sen.
Judd Gregg (R-N.H.), was appointed as an immigration judge. Cramer’s bid for
a seat on the tax court foundered after the American Bar Association’s
taxation section wrote a rare letter to the Senate Finance Committee, saying: “We are unable to conclude that he is qualified to serve.” Cramer was then
hired by the Justice Department’s tax division and was briefly lent to
the department’s Office of Immigration Litigation. Ashcroft approved him as
an immigration judge in March 2004. The Government Accountability Office,
a legislative watchdog, criticized the appointment, saying, “Converting a
Schedule C [political] appointee with less than 6 months of immigration law
experience to an immigration judge position raises questions about the fairness of
the conversion.” Judge Cramer’s decision was rubber stamped by a single judge of the Board of Immigration Appeals. Junior
was ordered to “voluntarily” depart the U.S. within 60 days and he complied with that order in August, 2007. Upon his return to Brazil, his visa was cancelled. In 2002, same sex marriage was not yet legal in Massachusetts and any possible legal remedy related to marriage was not available. Junior and Tim married March 3, 2005 as his case moved through the system. Despite the marriage, the Defense of Marriage Act (DOMA), signed into law by President Bill Clinton, prohibited Tim from sponsoring Junior as a permanent resident even though heterosexuals may do so. The couple has begged for relief and has since exhausted all other potential remedies available to compel the U.S. government to enable Junior to return. Although the U.S. does not recognize the marriage under DOMA, it uses the marriage as a reason not to grant any other visa since the marriage is a reason why Junior might not leave the U.S. With no resolution in sight, the couple has moved ahead with a head-on DOMA challenge. The aim is to topple that portion of DOMA that prevents Federal recognition of marriage and civil unions in those states where same-sex unions are legal. Before Federal courts may hear the matter, the couple’s “I-130 Petition for Alien Relative” must be formally denied. The I-130 Petition is the same method used by heterosexuals to sponsor their spouses.
Gay couple get a boost in winning bid to reunite; Kerry helps Brazilian return to Haverhill
Tim Coco (left) with Genesio Oliveira and their dog, Q-tip, at home in Haverhill yesterday. Oliveira can now try again for legal residency. Tim Coco (left) with Genesio Oliveira and their dog, Q-tip, at home in Haverhill yesterday. Oliveira can now try again for legal residency. (David Kamerman for The Boston Globe)
By Maria Sacchetti
Globe Staff / June 4, 2010
Tim Coco and Genesio Oliveira married in 2005, among the throngs who wed after same-sex marriage became legal in Massachusetts. But for nearly three years, they lived apart — Coco in Haverhill and Oliveira in his native Brazil — because federal law does not recognize their union.
[Full Text from Boston Globe]
Married Massachusetts Couple Longs
to be Reunited in the United StatesBackground
The couple met early in 2002 while Junior, a medical
student and Brazilian national, was on vacation is the United States.
After months of telephone calls and e-mailing, Junior returned to the U.S.
to be with Tim. He voluntarily entered the lengthy immigration process by the fall of that year. As
the law allows, Junior received his Social Security number and work
authorization while his case made its way through the system. Junior also attended a local
community college and became proficient in the English language – a prerequisite for resuming his medical studies.
[Full
Text from the Washington Post]
Why DOMA Must Fall