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An infrequently spoken topic in Immigration circles revolves around the authorized discrimination's and restrictions enforced upon Lesbian, Gay, Bisexual, and Transgender bi-national couples in the context of United States Immigration. This article is meant to briefly explore the problem of US visas for loved ones of American Citizens and Lawful Permanent Residents.

Traditional, or even "different-sex," couples might have difficulty obtaining American B2 tourist visas pursuant to the terminology of section 214(b) of the US Immigration and Nationality Act. This statute asks the Consular Officer adjudicating a visa application to assume that the applicant is intending to immigrate to the United States unless he or she is able to show evidence to overcome this assumption.

The analysis used when examining a different-sex boyfriend or girlfriend of an American Citizen or Lawful Permanent Resident might not be utilized when examining an identical sex partner of an American Citizen or Lawful Permanent Resident notwithstanding the provisions of section 214(b) because the Defense of Marriage Act (DOMA) practically drives the United States Federal government and its own personnel to not recognize same sex unions. Until the Defense of Marriage Act is either repealed by Congress, which might be possible in the event of Comprehensive Immigration Reform, or from the United States Courts, which may occur in one of two cases now pending before US Appellate Courts, same sex couples might continue to keep a relative advantage to their various sex counterparts at the Western tourist visa application process.

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