A legally married man faces deportation because he is gay

By: Harlan York
October 28, 2010

Henry Velandia is married to a U.S. citizen, but he might be deported anyway.  That’s because the Venezuelan-born salsa teacher’s legal same-sex marriage in Connecticut isn’t recognized by the federal government. So his husband — Josh Vandiver, a Princeton University doctoral student from Colorado — can’t sponsor him for residency the way he could in a heterosexual marriage.  The New Jersey couple of four years say the Defense of Marriage Act, which legally defines marriage as a union between a man and a woman, could force them to leave the country.  “You come here and you expect to get a better life. I’ve been working really hard in this country. I finally realize who I am, and who I love, and then everything blows up. It’s like a slap in the face,” Velandia told AOL News in a phone interview today.  Velandia’s application for a green card was denied, and he’s scheduled to appear before an immigration judge in Newark, N.J., on Nov. 17. Although Velandia entered the country legally, he unwittingly let his visitor status lapse, making him ineligible for the green card, said the couple’s attorney, Lavi Soloway.  Soloway said Velandia thought his immigration status was in good standing, and he had even been sponsored by an employer. “He thought he was doing what he was supposed to be doing,” he said. Soloway noted that had Velandia been married to a woman, he would very likely be able to establish residency anyway.  ICE confirmed that Velandia is facing deportation hearings, but said they were unable to comment on the pending case.  Vandiver said he feels like he’s been treated like a second-class citizen in his own country. “It’s discriminatory to me as a U.S. citizen that I can’t have a successful petition for my spouse’s green card,” he told AOL News. “It’s an injustice toward me and Americans like me.”  Velandia, who came to the United States in 2002, said he has established himself in the country and doesn’t want to move.  “I started from zero in this country — new language, new culture,” he told the Daily Princetonian. He started his own dance school in Princeton, called HotSalsaHot. The dance instructor said he hoped going public with his story would help other couples in the same position.   “As a gay man I need to stand up for my beliefs when there are so many other couples out there. We are fighting for them too,” he told AOL News.  The couple are lobbying against the Defense of Marriage Act and have set up a Facebook page, “Save Our Marriage — Stop the Deportation of Henry Velandia,” to support their cause.

About Harlan York

The first-ever attorney in New Jersey to win “Immigration Lawyer of the Year” from Best Lawyers, Harlan York is former immigration chair of the NJ State Bar Association and former co-chair for the NY State Bar Association CFLS Committee on Immigration. He currently serves on the American Immigration Lawyers Association (AILA) National Practice Management Committee.

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Harlan York & Associates practices law in the areas of Immigration, Deportation Defense, Family Immigration, Corporate Immigration, Naturalization throughout Essex County – Hudson County – Morris County – Passaic County – Somerset County – Middlesex County – Bergen County – New Jersey -Immigration Lawyer – NJ Immigration Lawyer – Jersey City-Newark-Paterson Passaic Elizabeth Edison Woodbridge Toms River Hamilton Trenton Camden Clifton Passaic Garfield Wallington Cherry Hill East Orange Passaic Union City Bayonne Irvington Old Bridge Lakewood North Bergen Vineland Union Wayne Parsippany-Troy Hills New Brunswick Plainfield Bloomfield Perth Amboy East Brunswick West New York West Orange Hackensack Atlantic City Kearny Mount Laurel Montclair Essex Hoboken North Brunswick Belleville. In addition to serving clients in New York, Pennsylvania, the greater United States, and Internationally.

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