Most Americans Support Path to Citizenship, Study Finds

The Public Religion Research Institute found that 63% of Americans supported a path to citizenship for people currently living in the U.S. without legal immigration status. The survey, published today, showed that support is widespread among people of different political parties, religions, and geographic locations within the U.S.

We'd like a path to citizenship, but we're not out of the woods yet.
Photo credit @StooMathiesen on flickr; used under Creative Commons license.

Only about one-fifth of the people surveyed wanted to increase harsh immigration enforcement strategies such as deportations. Even fewer numbers of people liked the idea of allowing undocumented people to gain green cards, but not full citizenship.

More people said they felt that the U.S. immigration system is "completely broken" in response to this survey, conducted in November, than they did in March of this year.

Survey respondents continued to be divided on the question of increased border security and fence construction, with about half in favor and slightly less than half opposed.

To learn more, visit the Public Religion Research Institute's website, and for more information on this survey please read the related article at the New York Times.

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.

Most Americans In Favor of Immigration Reform

Most Americans support immigration reform, according to a new study by the Public Religion Research Institute. The study found that only seven percent of Americans believe that the immigration system is generally working, and even more conservative groups showed surprising support for immigration reform. A majority of Republicans, Democrats, and independents all reported that they would support an earned path to citizenship for people who are currently undocumented but want to stay in the United States.

The survey showed that most Americans care about the same values in changes to immigration laws, including keeping families together, national security, and promoting personal dignity.  Nearly two-thirds of Americans supported the core provisions of the DREAM Act: that undocumented immigrants should be able to gain legal permanent resident status if they join the U.S. military or go to college. Vice President Joe Biden, in a recent speech, also encouraged policies that would allow undocumented people a legal path to citizenship, and spoke in favor of granting green cards to STEM (science, technology, engineering, and math) graduates.

Younger Americans, especially those between the ages of 18 and 29, agreed with positive statements about immigration more often than older people did. Significantly, nearly 7 in 10 people under age 30 said that immigrants strengthen American culture. Younger Americans were also more likely to say that immigrants who have a gay or lesbian spouse currently living in the U.S. with legal status should be given priority in immigration.

Read more about the survey at the New York Times.

New Immigration Rule for Immediate Relatives of US Citizens

On January 3, 2013, The United States Customs and Immigration Services ("CIS") issued a new rule allowing immediate relatives of United States Citizens who are without documentation or have unlawful presence to apply for a waiver of the unlawful presence in the United States before having to return to their home country.  This will allow those immigrants to seek a green card with a waiver while remaining in the United States and if the waiver is granted, they will only have to return to their home country for a short stay to get their green cards.   The applicant will still need to prove hardship to the U.S. citizen to qualify for the waiver.  This new rule is to take effect this March 2013.

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.    

Lawsuits Challenging DOMA Are Filed in Appeals Courts

The New York Times and GLAD (Gay and Lesbian Advocates and Defenders) reported that today the United States Court of Appeals for the First Circuit in Boston will hear arguments in a case challenging the Defense of Marriage Act (DOMA) as unconstitutional because it prevents same-sex couples married in Massachusetts from qualifying for federal benefits. 


DOMA was enacted in 1996. The New York Times article stated that the Obama administration pledged in February 2011 that it would not defend the "central provision of the marriage act" in courts because it is "unconstitutionally discriminatory" but will challenge arguments with respect to other claims in the case. The House of Representatives has appointed a conservative group to defend DOMA in court. 


Meanwhile, Immigration Equality, a group that advocates for gay rights focusing on immigration law issues, filed suit in the United States District Court for the Eastern District of New York on Monday, on behalf of five legally married same-sex couples challenging DOMA "based on its effect on gay or lesbian immigrants who want to gain legal residence through marriage to American citizens." The complaint recounts the stories of the five couples, most of whom are facing expiration of their temporary visas. 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.   

USCIS: Proposed Rule Could Greatly Benefit Immigrants

United States Citizens and Immigration Services ("USCIS") issued a proposed rule which could greatly benefit immigrants who are in the United States without legal status (including those who entered the US without a visa) and who have an approved I-130 petition filed by a US citizen immediate relative (US citizen spouses, US citizen parents if the immigrant is between 17 and 21 years old, or US citizen children over 21) who wish to sponsor the immigration for legal permanent residence (a green card).   


The immigrant would have to present an approved visa petition (I-130) and seek an I-601 waiver of the unlawful status in the United States that shows hardship to a US citizen spouse or parent. (Note that hardship to a child cannot be the basis for the waiver.) If the waiver is granted, the immigrant would then return to her home country for a short period of time for processing of the application for a green card.   This would relieve the immigrant of the present requirement that the waiver be applied for at the time of the immigrant visa interview at the United States embassy/consulate of the home country. This new waiver procedure is ONLY available to immigrants whose only inadmissibility issue deals with unlawful presence. Provisional approval of the I-601 does not guarantee approval of the immigrant visa at the US embassy/consulate.

The proposal was issued on March 30, 2012 and comments will be accepted by USCIS until June 30, 2012.   Once the comment period is over, USCIS will review the comments and may issue the rule or a revised version of the rules as a final rule. 


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

US Supreme Court Decision: Vartelas v. Holder

The US Supreme Court held that a lawful permanent resident who was convicted of a crime of moral turpitude before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) has a right to reenter the United States after a short period of time travelling abroad. In this case, the Court concluded that the IIRIRA does not govern a pre-1996 criminal conviction - the appropriate application of the law would be the legal regime in force at the time of the conviction. 


For more, click here to read Vartelas v. Holder. 


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

Glickman Turley LLP: Firm News

Glickman Turley successfully argued that the denial of an arrest and conviction on a green card application was not a willful knowing misrepresentation for deportation and removal purposes. The immigration court ordered the case closed and restored the immigrant's green card and ability to apply for citizenship and naturalization.

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

Glickman Turley wins Motion to Reopen Removal Proceedings

Last week, Glickman Turley's immigration attorney Ellen Sullivan successfully moved to reopen removal (deportation) proceedings against a woman whose prior attorney failed to provide effective assistance of counsel. Now, with the case reopened, the client has the opportunity before the Boston Immigration Court to defend her green card or, in the alternative, apply for asylum for protection from religious and social group persecution in her home country.

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. 

DHS Announced Initiatives For Highly Skilled Immigrants in the United States

The Department of Homeland Security announced a set of initiatives designed to attract and retain highly skilled immigrants in the United States. The Obama Administration has expressed that these immigration reforms will encourage further job creation as the country continues its economic recovery in the future. The President's Council on Jobs and Competitiveness released a report that said, "Highly skilled immigrants create jobs, they don't take jobs."

President Obama stated in his State of the Union address that keeping highly skilled immigrants in the United States will help boost the nation's competitiveness in an ever-changing world economy. His administration supports legislation such as "creating a 'Startup Visa,' strengthening the H-1B program, and 'stapling' green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields."

To read more on the Department of Homeland Security's future administrative reforms for highly skilled immigrants and foreign entrepreneurs, 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.

2010 BIA Decision Could Help Undocumented Immigrants Who Crossed the Border Legally

A California man was able to avoid deportation based on a 2010 ruling by the Board of Immigration Appeals (BIA) - a law that could help many undocumented immigrants remain in the U.S, according to a report in the Sacramento Bee.

Rogelio Servin, 32, entered the U.S. with his family when he was child. Even though Servin did not have proper documentation to cross the border from Mexico, he was determined to have entered legally because an immigration officer waved his family through without questioning them. His family had been prepared to explain to the immigration officer that they wished to enter the country to visit their other son who had been severely burned in an accident and was being treated at Shriners Hospital in San Francisco. Servin remained in the country, married his wife and they had three chlildren. 

However, Servin was arrested for drunken driving last year. The U.S. Department of Homeland Security placed Servin in deportation proceedings after learning of his arrest, arguing that he had been convicted of a prior felony and had entered the country illegally. 

The 2010 BIA decision that helped Servin avoid deportation applies to undocumented immigrants who entered the country without sneaking over the border. Immigrants who arrive in the U.S. without documentation and who are immediate relatives of U.S. citizens may be entitled to seek legal permanent resident status if they traveled to the U.S. openly through a customs border and were permitted entry. This ruling does not apply to undocumented immigrants who evade customs officials by crossing into the country through mountains, deserts, and rivers. 

Servin successfully argued his case and "was judged to have come in legally because he was 'inspected and admitted' and he was awarded his green card because he was his family's sole supporter," according to the article. 

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. 

Adjustment of Status (Green card) for “EWI” Salvadoran with TPS

Glickman Turley LLP successfully represented a Salvadoran man who first entered the U.S. without a visa (also known as “entered without inspection” or “EWI”). Two years ago, the client traveled to El Salvador pursuant to “advance parole” issued by USCIS in order to attend to a family emergency in his home country. When he returned to the U.S., he was paroled into to the U.S. This parole cured his “EWI” problem, making him eligible to adjust status through his U.S. citizen wife.

He nonetheless required an I-601 Application for Waiver of Inadmissibility to overcome the 10-year bar for having been present from the U.S. without authorization for over one year. Glickman Turley LLP prepared a compelling waiver application, demonstrating clear “extreme hardship” to his U.S. citizen wife who was pregnant and infant U.S. citizen son. The wife suffers medical issues including post-partum depression and the infant suffered various medical complications resulting from pre-mature birth and also suffers from asthma.

If you are an immigrant with TPS and/or EWI entry, our attorneys can review your record and help you understand whether you are eligible for any relief including a "green card" or adjustment of status.

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.

Obama Agrees to Stop Deportation of Many Young Immigrants

The Obama administration announced Thursday that it would suspend deportation proceedings against many illegal immigrants who pose no threat to national security or public safety, according to a recent New York Times article.

The purpose of this policy is to allow the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) agency to devote its resources to deporting high-priority immigrants, such as those with criminal records.

This relief will allow many immigrant children to remain in the United States, especially if they have lived in the U.S. for many years and have gone to school or want to go to school in the U.S.

Glickman Turley attorneys represent immigrants in all immigrantion matters. We represent immigrants in deportation and removal proceedings on applications for cancellation of removal, asylum, withholding of removal, protection under the United Nations Convention Against Torture, adjustment of status, voluntary departure and other matters.

Please contact us if you would like to discuss your immigration status. We will continue to follow this excellent delevelopment for young immigrants and hope for more progress in reforming the immigration system.