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.

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. 

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/

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.    

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.    

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.  

DOMA is Unconstitutional, Says 1st Circuit Court of Appeals in Boston

The 1st Circuit Court of Appeals in Boston ruled that the Defense of Marriage Act (DOMA) is unconstitutional. DOMA is a federal law enacted in 1996 that defines marriage as the legal union between one man and one woman. The 1st Circuit Court of Appeals held that "a law that denies a host of federal benefits to gay married couples" is discriminatory, according to The Boston Globe.

President Obama announced in 2011 that the U.S. Department of Justice (DOJ) would not defend DOMA and whether it is constitutional in court. House Speak John Boehner led an effort to organize the Bipartisan Legal Advisory Group to defend DOMA in place of the DOJ.

For more on this breaking 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.  

Massachusetts Marks Eighth Anniversary of Goodridge case

Massachusetts became the first state to legalize same-sex marriage eight years ago in the historic case Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003). MassEquality, a group that promotes marriage equality and the protection of LGBT rights, said 18,462 same-sex marriages have taken place in Massachusetts since May 17, 2004. 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. 

Federal Appeals Court Ruling: California Ban on Same-Sex Marriage is Unconstitutional

The Boston Globe reported that a three-judge panel of the 9th U.S. Circuit Court of Appeals held that California's same-sex marriage ban is unconstitutional and that the lower court "correctly interpreted the U.S. Constitution and Supreme Court precedents when [the judge] declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians." Fifty-two percent of California's voters passed Proposition 8, the law that banned same-sex marriage in the state, during the November 2008 election, igniting public interest around the country.

As of now, it remains unclear when same-sex marriages will be permitted again in California. There was a five-month window before the November 2008 elections where same-sex marriage had been legalized in the state and those marriages have been upheld by the the California Supreme Court.  Opponents of same-sex marriage have vowed to appeal this decision to a bigger 9th Circuit panel and even the U.S. Supreme Court.

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.

Mass. Appeals Court Holds Same-Sex Parents Share Parenting Role in Della Corte v. Ramirez

The Massachusetts Appeals Court held that when there is a marriage between same-sex partners, the need for a second-parent adoption to, at least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage.

In Della Corte v. Ramirez, Gabriella Della Corte appealed a judgment entered in the Suffolk Division of the Probate and Family Court Department maintaining joint legal custody of her child with Angelica Ramirez. Della Corte argued that Ramirez was not the child's legal parent because Ramirez is not the biological parent of the child and that they were not married at the time of conception. The Court held that because Ramirez and Della Corte were married when the child was born, then she is the legitimate child of both parents as "there was no requirement that the parties be married at the time of conception, as the statute plainly states '[a]ny child born,' not 'any child conceived.'"

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.

Washington State Poised to Legalize Same-Sex Marriage

The Associated Press reported that Washington will legalize same-sex marriage now that the state legislature has enough votes to pass the measure. If the bill passes, gay and lesbian couples will be permitted to get married as early as June 2012.

Opponents of gay marriage vow to file a referendum to challenge the bill once it is signed into law by Gov. Chris Gregoire. They will need to gather 120,577 signatures by July 6, 2012. The National Organization for Marriage has pledged to fight same-sex marriage laws in Washington state by announcing it will spend $250,000 "to help fund primary challenges to any Republican who crosses party lines to vote for same-sex marriage in Washington state."

However, a recent University of Washington poll revealed that support for same-sex marriage has increased in the state, with 43 percent of respondents supporting gay marriage, while 22 percent support "giving identical rights to gay couples but just not calling it marriage." The poll found that if the same-sex marriage bill passed, 55 percent  of respondents said "they could vote yes to uphold the law" while 38 percent would vote to against it.

Washington will join Massachusetts, New York, Connecticut, New Hampshire, Iowa, Vermont and the District of Columbia as the seventh state to allow same-sex marriage.

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.

GLAD Event: "Access Denied, DOMA and Immigration A Community Forum"

Specialists from GLAD, Immigration Equality, and Iandoli and Desai P.C. will discuss the latest developments in the fight against the Defense of Marriage Act (DOMA) as it relates to immigration tomorrow, Saturday Oct. 29, 2:00-5:00 p.m. at Harriet Tubman House, 566 Columbus Avenue, Boston, MA 02118. See GLAD website for more information and to RSVP.

Report Highlights Laws and Policies That Fail to Protect Children With LGBT Parents

A report recently released by the Movement Advancement Project, the Family Equality Council, and the Center for American Progress, highlights the hardships faced by children of LGBT parents in the United States. The report is entitled All Children Matter: How Legal and Social Inequalities Hurt LGBT Families, and explains that current laws create barriers to achieving "loving, stable homes for children" by denying children of LGBT parents legal ties to one parent, parents' ability to act as effective guardians of their children, denying LGBT families financial protection when a parent dies or is disabled, and denying children of LGBT parents the protections of family unity under federal immigration law. The report also illustrates that LGBT families are more likely to fall through government safety net programs, and are more likely to be poor. The report concludes with "recommendations for policymakers to help reduce or eliminate inequities, and improve the lives of children with LGBT parents." A copy of the full report can be found here. Also see video of panel discussion of the report hosted by Center for American Progress Event:

U-Visa for Victims of Crime

Attorneys at Glickman Turley LLP represent a variety of clients on U-visa petitions. Our clients who have been victims of domestic violence, sexual crimes, and racially motivated attacks have been granted protection in the US in the form of a temporary 4-year U-visa and later permanent resident status.

You may be eligible for a U-visa if you have been the victim of a crime in the US, have suffered substantial physical or emotional injuries, and helped or will help law enforcement with the investigation or prosecution of the crime. Please contact our attorneys if you believe that you may be eligible for a U-visa or if you would like to discuss representation on other immigration matters. Our attorneys also represent clients on matters relating to real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil ligitation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, adoptions, and guardianships, animal law, gay lesbian bisexual transgender law.

Also, please see a recent USCIS memorandum regarding its approval of 10,000 U-visa petitions in the past year.