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Joshua Vandiver, a Colorado native who is earning his Ph.D. in politics at Princeton University, said he is the studious type who has rarely embraced activism. But now, just months into his legal marriage to Venezuelan Henry Velandia, he is fighting to save his husband from being deported.
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Had the couple been straight and not gay, Vandiver would have been allowed to apply for permanent residence status for Velandia, who could then later apply for citizenship.
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But their dream to build a life together is been derailed by the 1996 Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman under all federal laws, including immigration.
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On Nov. 17, the couple will go before a federal immigration judge to ask that deportation proceedings be halted until legal challenges or a Congressional repeal of DOMA have been resolved.
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Vandiver has applied for a petition to allow Velandia to stay in this country, an application that will surely be denied. And with that rejection letter, the couple will consider a lawsuit. "I see that as discriminatory," said Vandiver. "I am really frightened thinking that I will have to live without my other half," said Velandia, a salsa dancer. "But we have faith and are doing the best we can."
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