Subject: NOTE 07/26/93 08:47:00 US Immigration Admits Non-Spouse Same Sex Partner by Paul Mosher Imagine you're British, and you reside in Britain with your British lover. He's just announced that he is moving to the United States! His employer, a large American consulting firm, has decided to transfer him for a couple of years to its headquarters in Cambridge, Massachusetts. And, of couse, you're going, too! Or are you? Well, fortunately, your lover's employer is supportive, and that's half the battle. But what about the U.S. Immigration and Naturalization Service, the infamous INS? It's clear that your lover will be able to enter, work and remain in the U.S. as a non-immigrant alien as long as he is on assignment for his company. Reason: he's coming to the U.S. as an executive transferee on an L-1 visa sponsored by his employer. Yes, of coursese, you'd be able to obtain a "vistor's visa" (B-1), but you want to be able to remain in the U.S. with your lover for the duration of his assignment, even though you know you won't be able to work here. Moreover, you lover will be travelling in and out of the country, and you may want to accompany him on many of those occaisions. A B-1 will prove problematic because it's limited to 6-month stays. What you need is a B-2 visa...the sort that is routinely granted by the INS to spouses and non-spouse partners of transferred executives (L-Category) as well as non-immigrants who come under the E and H categories. Is that possible these days if the "non-spouse partner" is of the same sex? After all, the INS has not been willing to admit people who test positive for the AIDS virus. The scenario just described is real. And not uncommon. I'm pleased to report that a break through here has apparently been achieved. Arthur D. Little, the employer, has, with the help of its immigration attorney, obtained a favorable ruling from the Deputy Assistant Commisioner for Adjudication for the INS. The question posed to the INS by ADL's attorney was "Is it equally well settled that this policy [i.e., of allowing a non-spouse partner to accompany the 'principal alien' for the duration of his or her temporary stay] applies to same sex partners?" The answer from the INS read as follows: "As alien, as described in the fact pattern of your letter i.e., same sex non-spouse partner, may be classifiable as a visitor for pleasure [B-2] if not otherwise excludable under current immigration laws." Needless to say, this British couple were thrilled that their same sex relationship would not pose a barrier to accepting the transfer to the U.S. offered by Arthur D. Little. They have, in fact, been in and out of the country on several occaisions and never had a problem being re-admitted despite their candor about their relationship. They make a point of carrying the letter from INS with them, although they've never had to produce it to defend themselves. One step at a time! Paul Mosher is the Human Resources Manager for Arthur D. Little Co., headquartered in Cambridge, Massachusetts. ----- End Forwarded Messages -----