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.

Government announces more rights for same-sex couples

Attorney General Eric Holder released a memorandum that grants same-sex couples even more of the rights accorded to opposite-sex married couples, and clarifies certain situations for states that do not recognize same-sex marriage.
 

Love not H8.
Photo used under CC license from @Fibonacci Blue on Flickr.

The new rights include:
- The option to refuse to testify against one's spouse in court
- Rights for spouses of federal prisoners, including special visitation, furlough, and communication
- Benefits for programs run by the Justice Department
- Death benefits for spouses of public officers
For a more detailed explanation of these rights, please read this article by SCOTUSblog.

The New York Times noted that, while this is a big step to reduce discrimination against LGBTQ people, it does not go far enough. The government has yet to announce that federal contractors cannot make hiring decisions on the basis of sexual orientation or gender identity.

You can read the full text of Attorney General Holder's memorandum here (pdf).

Thank you, Edie Windsor! DOMA struck down

Today is a momentous day! The Supreme Court announced that the Defense of Marriage Act (DOMA) caused "injury and indignity" to same-sex couples, and struck it down. The entire opinion is available here. Glickman Turley LLP is cheering this decision, and we are thrilled that the Supreme Court chose the right result. We are ready to help you through the legal impacts on your life!

This ruling will have great impact on many people's lives, and here are just a few of the ways:

Federal taxes: Now, same-sex couples will be able to get all the same marriage-related benefits and tax opportunities available to opposite-sex couples. This is what Edie Windsor's case was about-- she was contesting the fact that she had to pay estate taxes on the money her wife willed to her, when an opposite-sex spouse would have gotten an exemption based on marriage. Call us to discuss your estate plan and to investigate the ways this ruling may change it.

Immigration: One of the easiest ways to get a green card is through marriage to a U.S. citizen. Previously, same-sex couples could not qualify for this. Now, same-sex spouses of U.S. citizens should be eligible to apply for legal permanent resident status and eventually citizenship, the same as opposite-sex spouses of U.S. citizens. Glickman Turley lawyers are excited to help you and your same-sex spouse file for a family-based immigration visa.

Government benefits: Now, same-sex spouses will be able to receive government benefits available to opposite-sex spouses, such as veteran's benefits and Social Security survivor benefits.

Adoptions: Unfortunately, this opinion may not do much to change the requirement that same-sex spouses must adopt their own children. Glickman Turley has years of experience with co-parent adoptions, and we can still advise you on this process.

Visit this WaPo poll to voice your opinion and see others' reasons for cheering the decision!

Contact us today to discuss the changes this opinion may have on your life. 

Senate Judiciary Committee Approves Immigration Bill

After intense debate, the Senate Judiciary Committee approved the "Gang of 8" immigration reform bill. Now that it has been approved in committee, it will go to the entire Senate for approval.

The committee debated over two hundred amendments to the bill, and compromised on some important points. The main purpose of the bill, to provide a path to citizenship for undocumented immigrants, remains in the text. However, the availability of this pathway is conditioned on the success of border security measures. Technology companies cheered a provision that would increase the number of H-1B technical worker visas allowed each year, while labor unions opposed the measure. 

The bill does not include a provision that would have allowed gay and lesbian U.S. citizens to petition for their same-sex spouses to gain status. Judiciary Chairman Patrick Leahy wrote the amendment, but withdrew it amid fears that Republicans would use it to block the passage of the bill.  Multiple senators expressed great regret at the decision to remove the amendment, with Sen. Chuck Schumer calling it "rank discrimination" to treat same-sex spouses differently under immigration law. Although this amendment will not be included in the language of the bill, there is a possibility that same-sex spouses could receive the same immigration opportunities as opposite-sex spouses currently do, if DOMA is overturned in the Supreme Court.

Some harsh provisions were removed from consideration, including Senator Ted Cruz's suggestion of barring immigrants for life from receiving public assistance.  Senators also added some measures to protect immigrants' rights, such as a ban on raids in schools, hospitals and places of worship.

Glickman Turley's attorneys are closely following the debates in Congress. We are thinking ahead about options for our clients under the new laws. Contact us today if you have immigration questions.

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.

Same-Sex Marriage and Adoption in the News

Russia appears poised to expressly deny adoptions of Russian children by same-sex foreign couples.  The measure is in a parliamentary committee, and has the support of President Vladimir Putin.  All Americans, regardless of sexualorientation, are barred from adoption in Russia, a 2012 retaliatory gesture after the US imposed sanctions on Russia for human rights abuses.

France and New Zealand passed same-sex marriage measures this week, as well as the Senate of the US state of Rhode Island, where final approval is imminent.  Rhode Island will mark the 10^th US state to approve marriage equality, and the last of all six New England states. 

While same-sex couples can enjoy certain rights in ten US states and the District of Columbia, there still remain inequalities at the federal level.  LGBT advocates in the US are anticipating a ruling on two cases before the US Supreme Court (Hollingsworth v. Perry and Windsor v. United States) which are direct challenges to the Defense of Marriage Act (DOMA.)

Should DOMA be overturned, Glickman Turley looks forward to assisting bi-national same-sex married couples in negotiating equal access to immigration laws.  We also look forward to the day when our services for same-sex, co-parent adoption are no longer necessary.

How Long Will We Wait for Immigration Reform?

Congress continues to negotiate immigration reform, and there is no clear timeline on when its members will come to an agreement. Senators are divided on whether they will actually make an agreement on language for an immigration reform bill by the end of the week, as hoped. They are focusing currently on plans to give agricultural workers and farmworkers a path to citizenship. However, Senator Marco Rubio of Florida has still not given any strong indication of his support for any proposed bill. In the House, a group of representatives wrote a bill aimed at using technology and data to improve border security.

Immigration reform is critical right now for everyone, but especially for gay and lesbian immigrants. If the Supreme Court creates federal same-sex marriage, this will have far-reaching immigration consequences for gay and lesbian partners of American citizens.

Read more here:
http://thecaucus.blogs.nytimes.com/2013/04/09/timing-of-senate-immigration-bill-remains-unclear/

DOMA Ruling and Green Cards for Same-Sex Couples

The Supreme Court heard arguments today challenging the constitutionality of the Defense of Marriage Act (DOMA), which defines marriage as between one man and one woman.  The case, called United States v. Windsor, challenged whether Congress can pass laws that treat married same-sex couples differently than opposite-sex couples. Ordinarily, it is up to the states to decide who it will allow to marry and how.  In the arguments today, even Justice Kennedy (typically regarded as the swing vote) expressed concern that DOMA was stepping on states’ powers.

While the case doesn’t address the constitutionality of gay marriage itself, a ruling in favor of DOMA's opponents could have a significant impact on federal benefits available to gay couples, including the right to remain in the country through a green card.  Under current immigration law, heterosexual married couples may sponsor their immigrant spouse to get a green card.  DOMA prevents same-sex married couples from doing the same, even though they were legally married in a state that recognizes gay marriage. 

Although the current administration opposes DOMA on the grounds that it violates the equal protection clause of the Constitution, there still are no concrete protections in place for same-sex couples.  Last fall, the Department of Homeland Security Secretary Janet Napolitano announced that the department would recognize gay spouses as being the same as heterosexual spouses when deciding whether to deport someone.   But this did not go far enough.  Many same-sex couples remain in limbo, unable to travel or visit family if undocumented, or maintaining a life and relationship on time-limited tourist visas.

If the Supreme Court finds DOMA unconstitutional, it is likely that same-sex married couples will be immediately able to petition for all federal benefits, including immigration status.  For more information, check out this New York Times article and links to a transcript and recording of the oral arguments here.