The lawless Obama Regime continues the Bush Regime's war on the Defense of Marriage Act. The Department of State has decided that same-sex couples, both alien and American, can use the B-1/2 visa to get around the prohibition on recognition and use of same-sex relationships to immigrate.
American Citizens and Same-Sex Partners
In the not-too-distant past, same-sex foreign couples often faced lengthy periods of separation when one partner traveled to the U.S. for studies or for work assignments. And then, in 2001, Secretary Powell issued policy guidelines facilitating use of the B-2 visa classification by the cohabiting partners of longterm nonimmigrants. In practice, these guidelines led to a dramatic liberalization in the ability of a same-sex partner to accompany a foreign student or temporary worker to the U.S. for the duration of the principal nonimmigrant's authorized stay.
The immigration situation for the same-sex partners of U.S. citizens remains frozen in time due to the Defense of Marriage Act ("DOMA"), which defines the word "marriage" as "only a legal union between one man and one woman as husband and wife." That said, Secretary Clinton may now have affected a thaw of sorts. A new addition to 9 FAM 41.31 N14.4 (the same FAM provision that Secretary Powell liberalized nine years ago) provides that the B-2 classification "is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary period." http://www.state.gov/documents/organization/87206.pdf
And this is not just an end-run to recognize homosexual marriage; the benefit to this business and tourist visa is given without any relationship established, just two people fornicating on a regular basis. Hardly the standards established by law for any legal relationship.
In any event, the B-1/2 visa was never intended to avoid the requirements of a dependant visa of long-term non-immigrants admitted for employment or business, such as that allowed by the L-1/2, H-1/4, E-1, or E-2. Clearly this regime is as lawless as the Bush Regime that was extending its own homosexual amnesty. And, of course, all these B-2 visitors accompanying their homosexual sex-partners will be working illegally. What else are they going to do all day while the "man" in the relationship is away working? They certainly won't be at home raising children or cooking dinner. And the bath-houses and sex clubs are usually only open in the evening for recreationl sex. Not to mention the increase in the spread of AIDS as thousands of more homosexuals enter the U.S.