Glickman Turley Wins Asylum for Salvadoran Woman

El Sunza, El Salvador. Photo credit @flamencoh on pixabay.
Used under Creative Commons license

Last week, Glickman Turley attorneys Miryam Cissero and Stephanie Marzouk successfully advocated for a client's asylum petition. The client fled severe domestic violence in her home country of El Salvador. After she left the country, her sibling was killed in a violent attack by gang members. The client had great difficulty discussing the trauma she experienced, but over time she was able to tell her story.

If you are afraid to return to your home country because you will be in danger based on your political beliefs, sexual orientation, religion, or ethnicity, please contact us today to see if we are able to help you apply for asylum in the United States.

*Name changed to protect client's identity. Representative case results are provided as an example only, and do not guarantee or imply the same or similar results for other cases, which are evaluated on their individual merits. The content of this website should not be relied upon or used as a substitute for consultation with legal advisors about your particular legal issue.

Glickman Turley Wins Asylum for Ugandan Man

A bird flies in Kampala, Uganda.
Photo credit @michell zappa on Flickr.
Used under Creative Commons License

Glickman Turley recently won asylum for a man from Uganda who had faced persecution based on his identity as a bisexual man. Throughout his middle and high school years, "Joe"* was teased regularly by classmates who accused him of being gay, and on one occasion he was violently attacked by a group of older students.

As an adult, Joe had to hide his romantic relationships with men, and faced constant social stigma. His relationship with his parents and other family members became strained when he did not get married to a woman, as they expected him to. Because he supported an LGBT activist organization in his hometown, and was friends with many LGBT activists, he was arrested and beaten by the police. 

Uganda's new law from April 2014 is notoriously harsh on LGBT people. In Uganda, Joe could be sent to prison for 14 years to life -- just for having a relationship with a man.

With his new immigration status, Joe plans to continue working in the U.S. and go back to school to get a graduate degree.

If you are afraid to return to your home country because you will be in danger based on your political beliefs, sexual orientation, religion, or ethnicity, please contact us today to see if we are able to help you apply for asylum in the United States.

*Name changed to protect client's identity. Representative case results are provided as an example only, and do not guarantee or imply the same or similar results for other cases, which are evaluated on their individual merits. The content of this website should not be relied upon or used as a substitute for consultation with legal advisors about your particular legal issue.

Religious conversion, along with changed country conditions, supports motion to reopen

In a recent decision, the Ninth Circuit Court of Appeals announced that motions to reopen an immigration petition can be granted when there is both a change in the applicant's personal circumstances and a change in the country conditions.

Mr. Cipto Chandra initially applied for asylum because he feared persecution on account of his Chinese ancestry if he had to return to his home country of Indonesia. That petition was denied, and Mr. Chandra was ordered to leave the United States. Mr. Chandra did not leave, but instead remained in the U.S. and converted to Christianity. Four years later, he filed a motion to reopen his asylum claim. He provided evidence that conditions for Christians had worsened in Indonesia. Because Mr. Chandra had become a Christian, he would be subjected to the increased persecution if he returned to Indonesia.

I believe... I can stay.
Photo credit Kristina D.C. Hoeppner on Flickr.
Used under Creative Commons license.

Motions to reopen are generally very difficult to obtain, especially if the petitioner misses the deadline of 90 days after the decision. A petitioner must show that there are changed material circumstances in his or her home country, and that evidence of the circumstances was not available during the previous hearings. Arguing only that a petitioner's personal circumstances have changed is not sufficient.

In the Chandra decision, the Ninth Circuit joined other courts (the 6th, 7th, and 11th circuits) in saying that a change in personal circumstances, when combined with changed country conditions, can support a motion to reopen. The First Circuit has suggested this, but has never actually decided it.

Religious belief is only one type of personal circumstance that can lend support to a motion to reopen. In a case called Jiang v. U.S. Att'y Gen., the petitioner showed that she had a second child while living in the U.S., and that harsh enforcement of China's one-child policy was on the rise in her home province and home town. Because Ms. Jiang was able to show both changed personal circumstances (the second child) and changed country conditions (increased mistreatment of people who had more than one child), she was able to succeed on her motion to reopen. Other types of personal circumstances might also qualify.

The court dismissed the idea that Mr. Chandra's conversion could be self-serving. It cited religious freedom as "one of our oldest and most foundational policy interests... The timing of one's religious choice is not determinative of one's rights."

To read the full decision in Mr. Chandra's case, click here.

I'll stay... as long as you love me

For singer Justin Bieber, things are getting worse. He turned himself in to authorities in Toronto, Canada, this week on charges of assaulting a limousine driver. And over 100,000 people have signed a petition to the White House, asking that Bieber be deported. How could these two events impact Justin's future immigration status in the United States?

Don't make him fade away.
Photo used under Creative Commons license from @ilovejb123 on Flickr.

If it turns out that Justin is convicted of crimes in any country, and he decides to apply for a green card, he will have to explain his criminal record. Applicants for certain types of immigration benefits, such as asylum or a green card, must disclose any prior criminal convictions. This is true whether the crime occurred in the U.S. or in any other country. If a person doesn't disclose his or her criminal record, it is likely that the government may still find out. Prior criminal convictions won't necessarily prevent someone from getting approved for immigration benefits, but it is important to talk with an attorney before applying to be aware of any risks. The list of crimes that can impact someone's immigration status is very complicated, and an experienced attorney can help determine whether someone's record will cause problems.

Could the White House petition result in Justin's deportation? It's very unlikely, because Justin's crimes likely aren't serious enough to qualify him for deportation. He also has many fans in the U.S. who would like him to stay! Having broad support from your community can be important in certain immigration settings. Under certain circumstances, the law allows the government to exercise discretion, and decide whether a person should be allowed to stay in the United States despite some mishap. Again, it is important to talk to an attorney before requesting prosecutorial discretion. An attorney can help you figure out whether your circumstances would qualify you to apply, and whether you would have a good chance of success.

Mental illness, indigency and lack of family support amount to “particular social group” for purpose of asylum application

The Board of Immigration Appeals (BIA) recently remanded an asylum case to the Immigration Judge with instructions to accept the asserted “particular social group” of individuals suffering from mental illness who are indigent and lack family support.

The respondent’s asylum claim was based upon his fear of persecution in Ghana due to his mental illness, which he described as bipolar disorder.  He contended he would be unable to obtain the necessary medication to control his mental illness.  The Immigration Judge found that the respondent’s bipolar disorder was an immutable characteristic, but that the elements of indigency and lack of family support were not.  The IJ’s findings were contradictory in that he found that individuals with mental illness in Ghana are subjected to abuse that rises to the level of persecution, but that the respondent did not show a reasonable likelihood of suffering from persecution were he to return to Ghana.

 

The BIA remanded with instructions for the IJ to accept the stated particular social group and to allow testimony from the respondent’s psychiatrist and other documentary materials that were relevant to the asylum application.  For more information or to access this unpublished decision, click here.

Syrian Temporary Protected Status (TPS) Extended Through March 31, 2015

DHS just announced today that it is extending the existing designation and also redesignating Syria for Temporary Protected Status (TPS) for 18 months from October 1, 2013 to March 31, 2015.  This means that Syrians who currently have TPS status will be able to retain their status through March 31, 2015.  The resignation of Syria allows individuals who have been continuously residing in the U.S. since June 17, 2013 to obtain TPS status. 

Secretary of Homeland Security Janet Napolitano explained that the extension and redisignation of TPS status were warranted because the extraordinary circumstances in Syria have not only persisted but have deteriorated further.  The conflict in Syria poses a threat to the personal safety of Syrian nationals should they be forced to return to their country.

Syrians applying for TPS will need to fill out form I-821, which can be found here along with other relevant information.  TPS applicants are also immediately eligible for work authorization.  The cost of applying is $135, for TPS status or $515 for TPS and work authorization.  If applying for employment authorization, the applicant will also need to fill out form I-765.  A fee waiver (form I-912 or letter) is available if you meet certain requirements.

It is important to keep in mind that TPS status does not grant any sort of permanent residence.  Once the protected period is expired, the status is extinguished and the person must return to their country. People who remain in the US after their TPS status has expired may be issued a Notice to Appear (NTA) in Immigration Court for removal proceedings.

An alternative to TPS status is Asylum.  In order to be granted asylum, a person must demonstrate that they have been persecuted in the past or they fear future persecution based on five protected grounds (race, nationality, religion, membership in a particular social group, or political opinion).  A person will not be granted asylum simply because they are fleeing a dangerous situation in their home country (such as war).  For this reason, not everyone who is granted TPS will be granted Asylum. 

A person may apply for TPS and asylum at the same time.  The application for asylum will not be affected by the granting of TPS.  It is important to remember is that a person must apply for asylum within one year of entering the US.  If you or someone you know needs information about or assistance with applying for TPS or Asylum, please contact our office.

Asylum Changes May Come With Immigration Reform

Immigration reform may affect not only people in this country without documents and skilled technical workers, but also people seeking to escape persecution in their home countries. Congress is considering several changes to the law of asylum.

Right now, people who want to apply for asylum status must submit their applications within one year of entering the United States, or else their applications may be denied. This deadline for applications causes trouble for many asylum seekers. The current version of the Senate bill, which was recently approved in committee, would end that deadline. It could also give a second chance to people whose applications have been denied because they did not file their applications on time.

Another provision would take away a grant of asylum from anyone who returns to their home country without a good reason for doing so. Because the Boston bombing suspect Tamerlan Tsarnaev visited Dagestan after receiving asylum in the United States, authorities are worried about visits to conflict-prone areas. However, this could cause lots of trouble for people who return to their home countries, even at great risk to themselves, to visit family or dying relatives.

The Senate bill may also increase asylum officers' power to resolve disputes, and impose stricter checks and security measures on people seeking asylum.

To read more, click here. If you are considering applying for asylum, contact Glickman Turley for information on how we may be able to help.

How to Read a USCIS Processing Time Report

The United States Citizenship and Immigration Services (USCIS) publishes a monthly report on processing times at its service centers.  The Service Centers may vary according to which type of application you are submitting.  In New England, a variety of applications are processed at the Vermont Service Center, which released a new Time Report on April 3 with processing dates as of 2/28/13. 

So, how do you read a Time Report?  There are four columns:  “Form,” “Title of Form,” “Classification or Basis for Filing,” and “Processing Timeframe.”  Make sure you have the right form number and classification.  The processing dates represent the receipt dates of petitions and applications currently being processed by the Service Center.  If a certain type of application is being completed within USCIS target timeframes, the timeframe of days, weeks, or months will be shown.  If a USCIS service center doesn't meet the target timeframe, a date will be shown (January 1, 2009) to indicate what cases they are currently processing. 

For example, USCIS set a goal to complete an I-765 Employment Authorizations for Asylum Seekers within 3 weeks, and the service center is meeting this goal, so the processing report shows “3 weeks.”  Notice that the processing times may vary greatly for the same form, but a different classification.  For example, the processing time for an I-765 for someone who has a pending adjustment of status application (I-485) is three months.

For an example where USCIS is not meeting its processing goal, look at the processing time for an I-130 Petition for a U.S. citizen filing for a spouse, parent, or child under 21.  In the column for “Processing Timeframe,” the date listed is “August 6, 2012,” which means that USCIS is processing applications received on August 6, 2012.  

First Circuit Rules in Favor of Petitioner in Jabri

The United States Court of Appeals for the First Circuit rendered its decision in the case of Abdallah Jabri v. Holder on March 16, 2012. The Appeals Court ruled that the Board of Immigration Appeals (BIA) erred when it upheld the holding of an immigration judge (IJ) that the petitioner, a native and citizen of Jordan, had not  made credible claims and therefore denied him asylum, withholding of removal, and protection under the Convention Against Torture (CIA). Petitioner had appealed on the basis that the IJ and BIA had ignored material portions of evidence that supported his claim while focusing on minor and nonexistent inconsistencies to deny him relief. The Court agreed with the Petitioner, holding that "The IJ must...present a reasoned analysis of the evidence as a whole. We are not satisfied that the IJ has done so here."


Petitioner and his family entered the United States and lived in New Hampshire when he was a child. They overstayed their visas and  removal proceedings were initiated against Petitioner in April 2009. However, Petitioner and his family had converted from Islam to Christianity during their years living in the United States and Petitioner feared he would be persecuted on account of his conversion if he entered Jordan. The Court noted "There was evidence that the Jordanian constitution stipulates that Muslims' personal status is governed by Islamic law, according to which apostasy may be punished by an inability to own property, find employment, marry, or maintain custody of one's children." Petitioner also feared his grandfather, a prominent member of the Islamic community, would instigate an honor killing against him for converting to Christianity. 


For more on this case, click here. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.  

Glickman Turley wins Motion to Reopen Removal Proceedings

Last week, Glickman Turley's immigration attorney Ellen Sullivan successfully moved to reopen removal (deportation) proceedings against a woman whose prior attorney failed to provide effective assistance of counsel. Now, with the case reopened, the client has the opportunity before the Boston Immigration Court to defend her green card or, in the alternative, apply for asylum for protection from religious and social group persecution in her home country.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters. 

Guidance for Immigration Asylum Cases Involving LGBTI Individuals

The USCIS has released a new training module called "Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Refugee and Asylum Claims." The guidance has been in the works for two years in cooperation with Immigration Equality, a national organization that advocates for equality under U.S. immigration law for LGBTI and HIV-positive individuals .

The training module provides appropriately sensitive and helpful questions for officers to use and provides instructions on what types of questions should be avoided; LGBTI-specific examples of harm that constitute persecution in an individual's home country; possible one-year filing deadline exceptions (such as recently "coming out"); and instructions on how to deal with various complex issues (such as understanding that cultural norms in the LGBTI community in the individual's home country may differ from those in the U.S.; that LGBTI applicants are not required to meet pre-conceived stereotypes or "look gay" - a common issue that has arisen in asylum cases in the past; and that former opposite-gender marriages does not mean that the applicant is not lesbian or gay).

The Guidance Introduction said "Interviews with LGBTI or HIV-positive refugee and asylum applicants require the individual to discuss some of the most sensitive and private aspects of human identity and behavior - sexual orientation, gender identity, and life-threatening illness." The new training module will provide attorneys, advocates, and immigration officers with a government guideline similar to those issued for other types of asylum claims.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

72 Indonesians in New Jersey Fear Deportation

The New York Times reported yesterday that a community of 72 Indonesians living in central New Jersey for the past two years have been ordered to leave the United States by the Department of Homeland Security. Many of the Indonesians had escaped their homeland because of religious persecution. 


The order comes as a surprise to immigration advocates. Earlier this year, the Obama administration shifted its immigration enforcement plan to focus on deporting undocumented immigrants with criminal records. The Department of Homeland Security issued a directive in June, 2011, that urged immigration agents and lawyers to use prosecutorial discretion in handling deportation cases. The report explained that prosecutorial discretion includes consideration of a variety of factors, such as the duration of time an undocumented immigrant has lived in the United States and whether the undocumented immigrant was brought here as a child. 


Most of the Indonesians that are seeking help from supporters have been living in the United States for about 10 years, have American-born children, are employed, and have no criminal records - meeting many of the criteria necessary for relief provided by the new prosecutorial discretion directive. 


Two members of the House of Representatives have plans to submit a bill to provide relief for the Indonesians who are facing deportation by "allow[ing] certain Indonesians who fled persecution in their homeland between 1997 and 2002 to resubmit asylum claims that had been denied because they missed a one-year filing deadline." 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Obama Agrees to Stop Deportation of Many Young Immigrants

The Obama administration announced Thursday that it would suspend deportation proceedings against many illegal immigrants who pose no threat to national security or public safety, according to a recent New York Times article.

The purpose of this policy is to allow the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) agency to devote its resources to deporting high-priority immigrants, such as those with criminal records.

This relief will allow many immigrant children to remain in the United States, especially if they have lived in the U.S. for many years and have gone to school or want to go to school in the U.S.

Glickman Turley attorneys represent immigrants in all immigrantion matters. We represent immigrants in deportation and removal proceedings on applications for cancellation of removal, asylum, withholding of removal, protection under the United Nations Convention Against Torture, adjustment of status, voluntary departure and other matters.

Please contact us if you would like to discuss your immigration status. We will continue to follow this excellent delevelopment for young immigrants and hope for more progress in reforming the immigration system.

Success on Asylum and Torture Cases

Glickman Turley attorneys recently represented two successful applicants for asylum and protection under the convention against torture.

We successfully represented a gay client who affirmatively sought asylum because of her fear of being persecuted on account of her sexual orientation in her Caribbean home country. The victory in this case involved a showing that the client's exceptional circumstances merited a waiver to the rule that affirmative asylum applications must be filed within one-year of entering the U.S.

In addition, we successfully represented a young man with a criminal history on his application for protection against torture on account of his parents' involvement in human rights activism and truth and reconciliation efforts in his Central American home country.

Please contact Glickman Turley LLP if you would like to discuss your immigration status or other legal issues.