In a strange turn of events, a Filipino man denied permission multiple times to remain in the U.S. with his American husband has been granted a tourist visa to reenter the country.
In September, The Advocate reported the story of Roi Whaley, a 46-year-old casino worker in Gulfport, Miss., who has advanced lung cancer and has been forced to live apart from his husband, Aurelio Tolentino, for more than three years. Tolentino had worked legally as a registered nurse in the U.S. but was denied a green card because of his HIV-positive status (the ban on HIV-positive green card applicants has since been lifted). He also applied for asylum based on his sexual orientation, but his request was denied, and he was ordered to leave the country in 2007.
Tolentino has lived in Vancouver, Canada, with his mother since then and still faces possible deportation to the Philippines. “He’s going to die there,” Whaley said in September of such prospects. “He’s not going have a job, he’s not going to have access to the medication he needs to live, he’s probably going to be shunned by everyone in his family.”
The case caught the attention of an LGBT immigration rights group that has been attempting to reunite the couple. As a matter of protocol, attorneys with Immigration Equality advised Tolentino to first apply for a tourist visa — which likely would be denied — followed by a request to the Department of Homeland Security for “humanitarian parole,” whereby he would be allowed back into the country on a temporary basis to take care of Whaley, who is also HIV-positive and cannot undergo chemotherapy because of his low T-cell count. As a result he faces a grim prognosis.
http://www.advocate.com/News/Daily_News/2010/11/11/Binational_Gay_Couple_to_Reunite/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+AdvocatecomDailyNews+%28Advocate.comThey look so cute together. I hope that they allow Tolentino to stay in the country. Why shouldn't he be with his dying husband?
:-)