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.

LGBT News - Qualified Retirement Plans Post Windsor

The IRS has release long awaited guidance to administrators to qualified retirement plans. See Notice 2014-19 .  All qualified retirement plans  in states where same sex marriage is recognized is must recognize that marriage for retirement plan purposes no later than June 26, 2014, the date of the Windsor decision.  As of September 16, 2013, all plans must recognize valid same-sex marriages regardless of whether the participant’s state of domicile recognizes the marriage. The September 16 date is when the IRS released a ruling stating that spouse, husband, wife, and marriage for purposes of the Internal Revenue Code have to be interpreted to include same sex marriages.  See  Rev. Rul. 2013-17.  Given the Obama administration's unwillingness to extend itself on same sex marriage during his first term, the pace of change in the second term is breath taking. 

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.

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.

Immigration Reform Needs to Include Everyone

As Congress debates, negotiates, and writes immigration reform legislation, various groups of people are working to make sure their interests are included.

Tech companies are interested in making sure they can hire the best immigrant workers. LGBT couples would like specific provisions to ensure family unity. Supporters of the "DREAM Act" want to make sure that undocumented students and young people have the opportunity to gain legal status. It is unclear whether Congress will emphasize family connections or work skills in deciding who gets priority in becoming a citizen.

Do you have opinions on how immigration reform should proceed? What would you like included? Click here to find out how to contact your Senator and Representative. If you have questions about your rights under current immigration law, contact us.

Same Sex Marriage Passes in Three More States

The election on November 6, 2012 resulted in three more states allowing same sex marriage: Maine, Maryland, and Washington state. There are now a total of 9 states that have legalized same sex marriage. Three states recognize same sex marriages that are performed outside state lines. For more on this story, click here.

For representation on LGBT rights and same-sex co-parent adoption 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.

State Records Show Romney Against New Birth Certificates for Gay Parents

The Boston Globe reported that Massachusetts state records revealed that former Governor Mitt Romney opposed efforts by the Registry of Vital Records and Statistics to revise birth certificate forms for same-sex parents. The Registry of Vital Records made efforts to comply with Massachusetts's 2003 legalization of gay marriage law, but Governor Romney rejected the Registry's efforts because, he said , "The children of America have the right to have a father and a mother...What should be the ideal for raising a child? Not a village, not 'parent A' and 'parent B,' but a mother and a father." 

The Registry's plan would allow the box labeled for "father" to be labeled as "father or second parent." Instead, Romney forced the Registry to obtain approval from his legal staff after "individually review[ing] the circumstances of every birth to same-sex parents." Once approval was obtained, "hospital officials and town clerks across the state [were] permited to cross out by hand the word 'father' on individual birth certificates, and then write in 'second parent,' in ink." Handwritten corrections on birth certificates was a violation of existing law. 

It was only after Governor Deval Patrick assumed office that the appropriate changes were made to revise the birth certificate forms acknowledging children of same-sex marriages. 

Click here to read the 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.    

2nd Circuit Federal Appeals Court Strikes Down DOMA

The 2nd U.S. Circuit Court of Appeals in New York held that the Defense of Marriage Act (DOMA) is unconstitutional. The federal appeals court issued the 2-1 ruling, holding that "classification of same-sex spouses was not substantially related to an important government interest" and violated the Equal Protection clause of the U.S. Constitution. The U.S. Supreme Court is expected to hear the case next year. 

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.    

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.    

SJC Ruling: Domestic Partnership Equivalent of Marriage in Mass.

The Massachusetts Supreme Judicial Court (SJC) ruled that a California registered same-sex domestic partnership (RDP) is the equivalent of marriage in Massachusetts in Hunter v. Rose. Hunter and Rose each bore a child during their partnership and under Massachusetts law, "children born into a legal spousal relationship are presumed to be the children of both spouses. Moreover, any child born as a result of artificial insemination with spousal consent is considered to be the child of the consenting spouse." Since parties to RDPs have identical responsibilities and rights as those to marriage, the lower court did not err in awarding physical custody and attorney's fees to Hunter. Click here to read the opinion. 

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.    

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.  

Visas and Same-Sex Spouses of US Citizens

The federal government continues to take important steps to ensure equality for all people in the US. Recently, the Board of Immigration Appeals issued four decisions that indicate that the US government should issue visas for same-sex spouses of US citizens. This is a huge victory for countless LGBT families who are excluded from the benefits of family-based immigration. See the Board decisions at http://www.aila.org/content/default.aspx?docid=40271.  Stay tuned with Glickman Turley LLP on the progress of this important issue!

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.  

Federal District Court in New York Holds DOMA Unconstitutional

The U.S District Court in the Southern District of New York found that the Defense of Marriage Act (DOMA) is unconstitutional, taking its cues from a recent First Circuit decision holding the same.

Edith "Edie" Windsor and the late Thea Spyer married in 2007 in Canada after living together for 44 years. Spyer died in 2009, leaving her property to Windsor. In a heterosexual marriage, the decedent's estate would have passed to the spouse without any estate tax. Here, Windsor had to pay over $363,000 in estate taxes because DOMA prevents the recognition of same-sex marriages for federal purposes.

For more on this story, 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.  

Appeals Court Rules on Prop. 8 in California

The Ninth U.S. Circuit Court of Appeals upheld its decision that Proposition 8, the law banning same-sex marriage in California, violates due process and equal protection.

The decision today stated, "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California," and "The constitution simply does not allow for laws of this sort."

Supporters of the same-sex marriage ban have vowed to appeal to the U.S. Supreme Court. The U.S. Supreme Court could agree to hear the case when its session begins in October 2012. 

For more on this story, 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 Housing Discrimination Rule Protects LGBT Families

The Obama administration's new federal housing regulation that prevents discrimination based on gender identity and sexual orientation went into effect yesterday, according to the National Center for Transgender Equality. The new rule expands the definition of "family" to protect LGBT families against discrimination and exclusion from U.S. Housing and Urban Development programs. Owners and operators of federally-funded or federally-insured housing, and lenders offering federally-insured mortgages, will no longer be able to discriminate against members of the LGBT community based on a person's sexual orientation or gender identity. For more information, including a guide called "Know Your Rights: Fair Housing and Transgender People," 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, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.