USCIS Policy Memo: Accommodating Religious Beliefs for Photograph and Fingerprints

The U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum on July 23, 2012, to address the issue of photograph and fingerprint capture and how USCIS employees and contractors can accommodate individuals professing religious beliefs.

USCIS is required to "capture and verify the appearance of individuals" and will not allow any individual to waive the photograph requirement. However, when an individual is wearing religious headwear, the USCIS will allow the individual to continue wearing the headwear "if a reasonable likeness can be obtained from an individual, the full face is visible and the religious headwear does not cast a shadow on the face." USCIS may ask an individual to adjust his or her religious headwear in order to properly capture a photograph that allows USCIS to identify the individual. A private room or screening area will be offered if there is one available for individuals to use to adjust headwear. USCIS will also offer individuals same-gender photographers, if available, in order to accommodate an individual's request.

USCIS will provide a same-gender fingerprint technician or Officer upon request, if available, for individuals whose religions prohibit a person of the opposite gender from touching them.

For photograph and fingerprint captures, the USCIS will reschedule an appointment or interview for a different day or at a different office, if possible, in order to accommodate individuals.

To read the policy memorandum, 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.  

New Opportunities for Young Immigrants coming August 15, 2012

The Department of Homeland Security ("DHS") announced that on August 15, 2012, many young immigrants without proper documents who have graduated high school in the United States will be able to apply for deferred action and work authorization. The forms will be available at the United States Citizenship and Immigration Services ("CIS") website, www.uscis.gov. Applicants who can take advantage of this program must have the following qualifications:
Came to the United States under the age of sixteen;
Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
Are not above the age of thirty.
Even immigrants who are in removal proceedings may apply for deferral of removal from CIS. A special form will be available for these purposes.
Immigrants should not apply for deferral or work permits until the forms are released on August 15, 2012.   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 .

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.  

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. 

AG Coakley Files Brief Arguing Against DOMA

The Boston Globe reported that Attorney General Martha Coakley filed a brief with the U.S. Supreme Court to uphold a decision by the First U.S. Circuit Court of Appeals that struck down parts of the Defense of Marriage Act (DOMA) because the law violated equal protection rights. Coakley said in statement, "The Defense of Marriage Act is a discriminatory and unconstitutional law that harms thousands of families in Massachusetts and takes away our state's right to extend marriage equality to all couples." DOMA defines marriage as a union between one man and one woman. Even in states where same-sex marriage is legal, DOMA prevents same-sex couples from qualifying for federal marriage benefits. If the U.S. Supreme Court selects this case, it will be the first time the Court will review a question related to same-sex marriage.

Click here to read the story.

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.  

Same-Sex Spouses and Immigration: Obama Administration Strives to Change Discrimination

The Obama administration continues to make strides to change long-standing discrimination in immigration law. Read about the suspension of deportation/removal of an illegal Irishman married to his US citizen husband. It is important to note that as this point no particular DHS has not granted any immigration benefits to same-sex spouses of US citizens, however, this case and others show that DHS may close removal proceedings in certain cases. We eagerly await more changes in policy that will allow same-sex spouses of US citizens to be successful in their affirmative applications for immigration relief for their spouses. Until then, contact our attorneys to to schedule a consultation and learn about current policy as related to LGBT issues and immigration law.

http://www.irishcentral.com/news/Gay-married-illegal-Irishman-has-his-deportation-suspended--163155386.html#ixzz21AWESfdw


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.  

BIA Cannot Make Independent Findings of Fact

In the case of Rodriguez v. Holder, the Ninth Circuit United States Court of Appeals held that the Board of Immigration Appeals (BIA) cannot independently engage in fact-finding and may only review the record. When an issue is left unresolved by an immigration judge (IJ), and the BIA wants specific factual findings on said issue, the rules require the BIA to remand the case to the IJ instead of making its own factual conclusions.

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.