Showing posts with label Immigration Law. Show all posts
Showing posts with label Immigration Law. Show all posts

Thursday, May 9, 2013

Possibility of Second Chances for Deportees

Legislators are considering adding a provision to the immigration reform bill that would offer a new opportunity for previously deported people to return to the United States. To qualify, deportees would need to have a child, parent, or spouse with legal permanent resident status or U.S. citizenship, and be free of serious criminal convictions. This group would possibly also include people who first arrived in the U.S. before age 16.

This provision is highly controversial, and some people believe it would give an unfair second chance to people who already broke immigration laws. Others feel it is necessary to enable families to be reunited. Conservative lawmakers are still insisting that border security must be the first priority, and granting paths to citizenship should be conditional on achieving certain targets of border security. However, the bill is far from done; senators have filed at least three hundred potential changes, according to the Washington Post.

One of those possible changes would allow U.S. citizens to petition for their same-sex spouses to get green cards. This would allow same-sex couples to have equivalent ability to petition for their spouses as opposite-sex couples have, regardless of what happens with the Supreme Court decision on DOMA.

Lawyers at Glickman Turley LLP are closely following the immigration bill, and we look forward to advising immigrants of their options under the new law.

Wednesday, December 5, 2012

Prosecutorial discretion may be extended to family

Prosecutorial discretion may be extended to family

In an unusual decision, the First Circuit Court of Appeals stayed the deportation of a 21 year old Armenian and his parents for 90 days to allow the Department of Homeland Security to consider their request for deferred action to remain in the United States as an exercise of prosecutorial discretion.  The Court noted that the son appeared to meet the criteria for prosectorial discretion set forth by DHS in the Morton memorandum and that while the parents did not strictly meet these criteria, the Government "may well wish to avoid splitting up the family by declining to remove them as well."  Gasparian v. Holder (No. 11-2231, First Circuit Court of Appeals, December 3, 2012.)


For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.

Monday, November 19, 2012

MA State Colleges and Universities To Allow In-State Tuition For Illegal Immigrants

The Boston Globe reported today that Governor Deval Patrick (D-MA) will direct state colleges and universities to permit illegal immigrants to pay resident in-state tuition and fees when they obtain work permits through the Deferred Action for Childhood Arrivals (DACA) federal program. 

DACA is a federal program enacted in June that allows undocumented immigrants aged 30 or younger, who arrived to the US before age 16, to obtain work permits and to avoid deportation for two years. The applicants must meet other requirements to be approved through DACA. The fee is $465. 

DACA did not require states to provide in-state tuition to illegal immigrants - President Obama left that as a decision to be made by individual states.

Gov. Patrick will send his directive to the Board of Higher Education today, with the change to take place immediately. 

For more on this story, click here. 

For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.

Friday, November 16, 2012

A Challenge to Mandatory Detention

The United States District Court, District of New Jersey ruled in the case of Garfield Gayle, Sheldon Francois, Neville Sukhu v. Janet Napolitano where the issue was whether individuals in removal proceedings are subject to mandatory detention. Mandatory detenetion is "detention without possibility of a bond hearing or any other determination of whether detention is justified based on danger or flight risk."

Plaintiffs were seeking the an order from the court that would prevent "the government from mandatorily detaining them without the opportunity for a fair hearing at which an Immigration Judge ascertains whether they have a substantial challenge to removal and are therefore eligible for an individualized bond hearing."

When the government charges individuals on grounds of removal as enumerated under 8 USC sec. 1226(c) - applying to non-citizens who are "deportable or inadmissible based on specific crimes, including various misdemeanors and minor drug offenses" - they are subjected to mandatory detention. The exception is if an individual can show a very high burden to an IJ that the government is "substantially unlikely to prevail on the charges against them." Mandatory detention can last for months and years.

The Court held that mandatory detention violated the "Due Process Clause of the Fifth Amendment..unless it is reasonably related to the purpose of ensuring availability for removal and protecting the community, and is accompanied by adequate procedural protection." The Court stated that the government had "inadequate hearing procedures violat[ing] the Due Process Clause of the Fifth Amendment and/or the Immigration and Nationality Act, and that [the government] must provide constitutionally-adequate hearings to Named Plaintiffs and proposed class members - ie, hearings that use the proper standard for when mandatory detention applies and to include adequate notice; place the initial burden on the government to establish prima facie deportability or inadmissibility on a ground that triggers mandatory detention; provide the opportunity for Named Plaintiffs and proposed class members to show that they have substantial challenges to removal and are thus not properly subject to mandatory detention; and provide a contemporaneous record of such proceedings."

For representation on immigration matters, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.

Friday, November 9, 2012

The Potential for Post-Election Immigration Reform

An editorial published today by Bloomberg  highlighted that support for immigration reform is inevitable now that President Obama has been re-elected. The editorial stated that Latinos, known to be a socially conservative demographic, comprised 10 percent of the total vote, giving "Obama almost three votes for every one earned by Romney." 

President Obama campaigned on immigration reform that would address the nearly 11 million illegal immigrants in the US. Republican Speaker John Boehner has stated that he is "confident that the president, myself, other can find the common ground to take care of this issue once and for all." 

The editorial further noted that: "Standard & Poor’s has found that cities with high immigration levels show improvements in credit ratings, tax bases and per-capita incomes. High-skills immigrants, meanwhile, not only increase productivity but also generate jobs."

For representation on immigration issues, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.

Monday, November 5, 2012

BIA Deadlines Impacted by Hurricane Sandy


"On October 29-30, 2012, the Board of Immigration Appeals (BIA) was closed due to Hurricane Sandy.  The BIA will consider timely filed any filing that meets both of these criteria:
  1. the filing was due on a weekday during the week of October 29, 2012; and
  2. the BIA received the filing on or before November 5, 2012.
No request or documentation is required for filings that arrive by November 5, 2012.  Filings that arrive after November 5, 2012, are subject to normal filing deadlines.  If weather is an issue for any filings that the BIA receives after November 5, 2012, parties should consult the BIA Practice Manual, Chapter 3.1(b)(v), on page 34 (“Natural or manmade disasters”).  The BIA Practice Manual is available on-line at http://1.usa.gov/Md03oi." -EOIR, Oct. 31, 2012.
For representation on immigration cases, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.

Thursday, October 25, 2012

Obama's Promise in Off-the-Record Conversation

The President Obama spoke with The Des Moines Register this week and stated off-the-record that "The second thing I'm confident we'll get done next year is immigration reform...And since this is off the record, I will just be very blunt. Should I win a second term, a big reason I will win a second term is because the Republican nominee and the Republican Party have so alienated the fastest-growing demographic group in the country, the Latino community. And this is a relatively new phenomenon."

Governor Mitt Romney has criticized President Obama for making a similar promise back in 2008 - a promise that he could not keep. Governor Romney has stated that should he win the election, he would not support the Dream Act - a bill President Obama tried to pass in December 2010 - and he has not outlined a plan as to how he would address the issue of "more than 11 million illegal immigrants in the United States."

The White House gave The Des Moines Register permission to publish the off-the-record statement, which was part of a conversation President Obama had in order to gain the newspaper's endorsement. 

To read the story in The New York Times, click here. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Tuesday, October 23, 2012

DHS Extends Temporary Protected Status for Haitians

USCIS announced earlier this month that DHS extended temporary protected status (TPS) for Haiti for another 18 months. The extension also includes suspension of some requirements for F-1 nonimmigrant Haitian students. The extension will last between January 23, 2013 through July 22, 2014. Those who wish to extend TPS status must re-register during the 60-day re-registration period that runs through November 13, 2012. Applications will be accepted until November 30, 2012. The TPS beneficiaries are those who continually resided in the United States since January 12, 2011. 

The extension allows re-registrants to request for a new Employment Authorization Document (EAD). Current EADs that have an expiration date of January 22, 2013 will now expire on July 22, 2013 - this will allow USCIS to process new EADs before the old EADs expire. 

The F-1 students will continue "to obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load, while maintaining their F-1 student statues." The extension here will last through July 22, 2012. 

For more information, go to www.uscis.gov/tps. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Wednesday, October 17, 2012

Children Crossing Mexican Border Up 50% in 2011

The Los Angeles Times reported that there was an increase of unaccompanied children from Central American countries who attempted to cross the Mexican border into the U.S. illegally in hopes of qualifying for asylum. There are significant pockets of growth from three countries: "El Salvador, with 68% more unaccompanied minors; Guatamala, with 72% more; and Honduras, with the number more than doubling, from 1,201 to 2,477." These 2011 statistics were cited in a reported called "Forced From Home: The Lost Boys and Girls of Central America" and the number is expected to rise in 2012. 

Click here to read more on this story. 

For representation, please contact Glickman Turley LLP at 617-399-7770. 

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Tuesday, October 16, 2012

DACA Estimates and Approvals: October 2012 Update

The Immigration Policy Center has released updated figures on Deferred Action for Childhood Arrivals (DACA) applications. Please click here to read the report that includes "new estimates of those between the ages of 15 and 30, who are not in high school, and who don't have high school diplomas." 

USCIS has released its latest data today on DACA applicants. As of October 10, 2012, 4,951 cases have been approved. Please click here for more information. 

For representation, please contact Glickman Turley LLP at 617-399-7770. 

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    


Thursday, October 11, 2012

Prosecutorial Discretion and Same-Sex Relationships

U.S. Immigration and Customs Enforcement (ICE) has issued a memoranda clarifying one of the factors in its assessment of whether to exercise prosecutorial discretion in a case. The family relationships factor includes "two adults who are in a committed, long-term, same-sex relationship." More specifically, they are relationships where the individuals "are each other's sole domestic partner and intend to remain so indefinitely; are not in a marital or other domestic relationship with anyone else; and typically maintain a common residence and share financial obligations and assets." 

For more information, click here. 

For representation, please contact Glickman Turley LLP at 617-399-7770. 

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    



Wednesday, September 26, 2012

DACA and Potential Pitfall for Job Verification from Employers

The New York Times reported that businesses are concerned about providing job verification documentation for deferred deportation applicants. The Obama Administration announced in June 2012 that young undocumented immigrants will be able to apply for two year deferred deportation while obtaining legal work permits. The program does not allow applicants to gain legal immigration status. 

The program has been a source of concern for employers who have been approached by their employees to provide job verification that proves they have been in the country for the requisite time period (for more on if you qualify for DACA, click here.) When applicants admit to being an undocumented workers, employers  may have to fire them until the applicants legally obtain a work permit. Also, employers fear that if they agree to provide a job verification request, it will serve as proof that they knowingly hired an undocumented immigrant, which violates federal law. Department of Homeland Security (DHS) has released guidelines that confirm "the businesses could provide verification for deferred deportation applicants. This information will not be shared with the enforcement authorities, 'unless there is evidence of egregious violations of criminal statutes or widespread abuses.'" 

For more on this story, click here. 

For representation, please contact Glickman Turley LLP at 617-399-7770. 

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Monday, September 24, 2012

USCIS Extends Haiti's TPS

U.S. Citizenship and Immigration Services (USCIS) announced on September 21, 2012, that it will extend Haiti's temporary protected status (TPS). Department of Homeland Security (DHS) will release a set of guidelines within the next week  Individuals who qualify must have lived continuously in the United States since January 12, 2011. Stay tuned for more information on additional guidance as it is released by DHS.

Click here to read the official announcement.

For representation, please contact Glickman Turley LLP at 617-399-7770. 

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Friday, September 21, 2012

First GOP Sponsor Throws Support Behind UAFA

Senator Susan Collins (R-Maine) became the first GOP sponsor of the Uniting American Families Act (UAFA), according to Washington Blade. The bill would allow gay Americans to sponsor their foreign same-sex partners for citizenship purposes. Senator Collins released a statement supporting the legislation: "This important civil rights legislation would help prevent committed, loving families from being forced to choose between leaving their family or leaving their country." Current law allows for heterosexual couples to sponsor spouse residency through the green card process. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Thursday, August 30, 2012

Free Clinics Around Massachusetts for DACA Applications

Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) is offering free assistance with Deferred Action for Childhood Arrivals (DACA) applications. on September 7, 2012 and September 14, 2012. Please contact MIRA by clicking here to RSVP - spots fill up quickly. MIRA has also provided a list of other free clinics around Massachusetts that are offering free assistance with DACA applications. Click here for more information!

For representation, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Tuesday, August 28, 2012

GTLLP Firm News

Glickman Turley successfully obtained an Emergency Stay of Execution of Removal Order for an individual detained by ICE who was en route from Boston to Lousiana to be physically removed to his home country in Central America. We obtained this extraordinary relief pending a Motion to Reopen a removal order issued at the San Antonio Immigration Court in 1999. We obtained this relief through "11th hour" strategizing with co-counsel at Harvard Law School, a country conditions expert, and local attorneys in San Antonio who helped with the emergency filing on the day of the client's expected physical removal from the U.S.

For representation, please contact Glickman Turley LLP at 617-399-7770.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Friday, August 17, 2012

Thousands Gather at Information Sessions For Youth Deferral Program in Chicago

The New York Times reported that on Wednesday, August 15, 2012, thousands of illegal immigrants attended information sessions on how to apply for the deportation deferral program, which would also allow such individuals to qualify for work permits. Immigrant groups, church groups, and law firms are "flooded" with people looking to gain a "legal foothold" in the U.S. For more on this story, click here.

Attorneys at Glickman Turley LLP welcome individuals who are interested in applying for the youth deferred action program. Contact us at 617-399-7770 for a consultation.

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.   

Wednesday, August 15, 2012

Youth Deferred Action Applications Being Accepted by USCIS Effective Today

Today, the United States Citizenship and Immigration Services (USCIS) will accept applications in consideration of deferred action for childhood arrivals. The applications will be considered on a case-by-case basis for individuals who came to the United States as children and meet other guidelines as directed by USCIS.  

The USCIS press release stated: "Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion...While it does not provide lawful states or a pathway to permanent residence or citizenship, individuals whose cases are deferred as part of this process will not be removed from the United States for a two-year period, subject to renewal, and may also apply for employment authorization."

See "Consideration of Deferred Action for Childhood Arrivals Process" at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD.     

For representation, please contact Glickman Turley LLP at 617-399-7770. 

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.   

Tuesday, August 7, 2012

Clarification for Dreamer Deferred Action: What Is a Significant Misdemeanor?

Department of Homeland Security (DHS) issued a revised guidance on what constitutes a "significant misdemeanor" under the youth deferred action policy. The new definition states that a significant misdemeanor includes simple assaults, drug possession and other minor crimes if an individual received a sentence more than 90 days for the offense. Additionally, a suspended sentence is not considered a sentence with respect to determining if a misdemeanor qualifies as a significant misdemeanor. Since deferred action remains a discretionary process where a decision is made based on the totality of circumstances per case; criminal history is one factor that is considered but does not necessarily determine the outcome.

For more information, see USCIS's website by clicking here. Please contact our attorneys to to schedule a consultation and learn more about the deferred action policy program. 

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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

Tuesday, July 31, 2012

Demographic Profile of DREAMers: A Closer Look

The Immigration Policy Center (IPC) has released a demographic profile of immigrants who stand to benefit from the Obama Administration's deferred action plan that was announced in June, 2012. According to the IPC, "...approximately 1.4 million immigrants currently in the United States who might meet the requirements of the deferred action initiative, either now or when they are older." The deferred action plan allows individuals to obtain "a two-year, renewable reprieve from deportation to unauthorized immigrants who are under the age of 31; entered the United States before age 16; have lived continuously in the country for at least five years; have not been convicted of a felony, a 'significant' misdemeanor, or three other misdemeanors; and are currently in school, graduated from high school, earned a GED, or served in the military." Contact our attorneys at Glickman Turley LLP to schedule a consultation in order to apply for the deferred action initiative. 


For more on the IPC profile, 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 co-parent adoptions, guardianships, animal law, or LGBT legal matters.