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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24264
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Can a man that is a U.S. Citizen since birth and a man from

Resolved Question:

Can a man that is a U.S. Citizen since birth and a man from the Philippines with a traveling VISA get a civil union in Illinois?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Are you asking if the partner from the Philippines would be eligible for any immigration benefits through this civil union?

Judith
Customer: replied 1 year ago.
The man from the Phlippines will be here on a visiting visa and we were hoping we could get a civil union in Illinois where I live before he has to go back to the Philippines, thus making it so he can come back to Illinois to be my partner and never have to return to the Philippines.
Expert:  Judith replied 1 year ago.
OK, you really have a two part question.
Whether the State of IL allows a non-resident to enter into a civil union - this is a family law question.
Whether the US immigration laws recognize a civil union for purposes of obtaining an immigration benefit. - this is an immigration law question.
I am not a family law expert, but I have looked up the document requirements and it appears that one does not need to be a citizen or permanent resident to enter into a Civil Union. They can provide their foreign passport and a birth certificate as evidence of their ID

Special ID requirements for marriage and
civil union licenses

One form of ID if submitting one of the following:
  • State drivers license
  • State identification
  • U.S. passport
  • U.S. Armed Forces identification card

- OR -

Any combination of two of these forms of ID:
  • Certified copy of Birth Certificate (English translations required for foreign certificates must be notarized)
  • U.S. naturalization certificate
  • U.S. resident alien card
  • Life insurance policy (at least 1 year old)
  • Foreign passport
  • Baptismal record (date of birth must appear)
  • Consulate identification card (matricula)
http://www.cookcountyclerk.com/vitalrecords/whatid/Pages/default.aspx


The US immigration laws do not recognize same sex civil unions, domestic partnerships or marriages for purposes of obtaining an immigration benefit based on that relationship.

That may change within the next 10 days because we are waiting for a Supreme Court decision on whether DOMA is upheld. The Court will make the ruling before it breaks for the summer.

So as of this moment, he would not be able to come back here and live based on our civil union, but we are all holding our breath because we have been fighting for recognition of same sex relationships for many years.
You can come back to me for a follow-up question in 10 days and I will be able to tell you the outcome.

Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24264
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 2 other Immigration Law Specialists are ready to help you

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