Legally Married Gay Man Faces Charges of Being Deported Back to His Country

(Oct. 27) -- 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.


Yiftah Elazar, Facebook
Joshua Vandiver, left, and Henry Velandia were married Aug. 29 in Connecticut, where same-sex marriage is legal.

"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.

In a statement, U.S. Immigration and Customs Enforcement, or 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.

This morning, one commenter on the page said she and her partner were in a similar situation. "My partner and I are in the same boat," Kelly Ann Niedbala wrote. "We need to band together."

The men said they aren't yet sure what they'll do if Velandia is deported.

"Trying to imagine me being separated from Josh is just -- it's like I see my world crumbling apart," Velandia told AOL News. "We're in love."


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What's your perspective about this situation? For those of you not from the United States of America, the law states that if an illegal immigrant man marries a woman who is an American citizen his citizenship is legalized. This man, Henry Velandia, entered this country legally and was unaware that he had stayed longer than his citizenship had allowed, now he faces charges of being deported back to his country and being separated from his husband.

I believe in human rights, so obviously I believe that this is very wrong. Why should he face charges of being moved back to his country when he wouldn't have to deal with this issue if he had chose to marry a woman? What's your perspective? Do you think that this is going to cause issues for same sex marriages? Sound off.

Yes, it's a not what we'd call fair. Yes, it will cause many issues for same sex marriages.

I hope one day soon same sex marriages will be seen as legal and binding in the US.



I find this hard to believe.

Possibly, but I'm only saying that in response to the article and I do believe that there are many immigrants who are here illegally but don't even know it.

"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."

This is pathetically stupid. All the government should worry about is rather or not this immigrant is going wind up on their budget because he has no other means to support himself.

Rather he's married to another man or a goat shouldn't matter and sure as s*** shouldn't be anybody else's business.

The suggestion by his lawyer, that "he unwittingly let his visitor status lapse, making him ineligible for the green card," is preposterous. If you are granted a visa, it is normally "placed" in your passport, and clearly shows an expiration date.

There are also rules that must be adhered to, if you intend to become a citizen through marriage. Getting 'married' first, and then trying to take care of the paperwork is not the method one is supposed to follow.

This guy is a victim of his own and his partner's stupidity and/or ignorance of the laws of the land.