A lesbian mother in California will have to leave her life, twin sons and partner of 12 years behind as the authorities are forcing her to go back to the Phillippines, her native country.

Shirley Tan married her partner Jay Mercado in San Francisco in 2004, but their marriage was later voided. Even if it still were in effect, the federal Defense of Marriage Act prevents Mercado from sponsoring her partner of 23 years for immigration, reports The Advocate.

Tan has now applied for asylum in the US due to violent threats on her from a family member in the Phillippines.

"There may be no options for Jay and Shirley under existing law," explains Immigration Equality's Legal Director Victoria Neilson.

"How can they explain to their children that the U.S. Government does not consider them a family?"