Today, laws in many states permit gays to adopt children and many employers extend health benefits to domestic partners. But same-sex marriages that would solve the current immigration problem are not recognized. Last spring, when Vermont legalized civil unions, granting same-sex partners the same rights and responsibilities as heterosexual married couples, many in the gay and lesbian community thought the immigration problem was solved. But a civil union is not the same as marriage. Even if it were, it would have no effect on immigration law.
Marriage is regulated by individual states.
Immigration is regulated by the federal government, and in 1996, Congress passed the Defense of Marriage Act, which officially defined marriage for federal purposes, including immigration, as a union between a man and a woman. Even in Vermont, where Dozetos and her partner live, things are no simpler. As a matter of fact, it would aggravate it. The student visa Dozetos' girlfriend is using to live in the U.S. is temporary. Forming a civil union might indicate their desire to circumvent the law and reduce her girlfriend's chances of securing a work-related visa that could allow her to stay in the U.S. permanently.