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)
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.