Avoiding Tax Scams

We're just a month away from the tax filing deadline of April 15, and many people are busy preparing for tax season -- including some people who want to cheat you out of your money! Unfortunately, these scammers may target immigrants, thinking that they will be less likely to know their rights.

In general, you should be very skeptical of anyone who calls you on the phone, pretending to be from the IRS. The IRS will always send you a notice first. Also, don't believe anyone who threatens to have you arrested if you don't pay.

If you get a phone call from someone who says they're from the IRS, don't give them any personal information, or any bank account or credit/debit card information, or any information at all. Do not pay them through any means, including wire transfer. Just hang up and call one of these numbers:

• If you think you might owe back taxes, call the IRS at 1-800-829-1040.
• If you're sure you don't owe any taxes, report the incident to the Treasury Inspector General for Tax Administration, at 1-800-366-4484, or online at www.tigta.gov .

For more information, read this article or check out the IRS's website on Tax Scams.

Playing the waiting game in immigration court

Anyone who's had experience with immigration court knows that the process is anything but fast. Nationwide, the backlog has reached an all-time high of 344,230 people in immigration proceedings. See TRAC Immigration for more.

Fortunately, the immigration court doesn't require you
to stand in line the entire time you're waiting for your case.
Used under Creative Commons license from @eschipul

As of September 13, Massachusetts is among the top ten states with the biggest backlog of immigration cases waiting to be processed. It also has the 8th longest wait times. In 2013, a person in deportation proceedings in Massachusetts had to wait an average of 610 days to have the case resolved, above the national average of 562 days. Click here to see some charts. Nebraska had the longest wait times with 761 days, while Hawaii is the shortest at 164.

While the wait times may seem to be a good thing for people who want to avoid deportation, the long delays mean months of uncertainty for people in immigration proceedings.

The right (not to) bear arms

Did you know that when someone applies to be a citizen of the United States, he or she must take an oath to bear arms in defense of the country?

Margaret Doughty, a longtime permanent resident of the U.S., recently risked her chance at U.S. citizenship by objecting to the oath. Ms. Doughty is an atheist who has a moral opposition to war. When she wrote on her application for naturalization that she did not want to take the oath, USCIS responded by asking her to prove it by submitting a note on church stationery stating that she was "a member in good standing" of a nonviolent religious organization.

Ms. Doughty, as an atheist, did not want to join a church just to get citizenship. Instead, she explained her rationale this way:

“I am sure the law would never require a 64 year-old woman like myself to bear arms, but if I am required to answer this question, I cannot lie. I must be honest. The truth is that I would not be willing to bear arms. Since my youth I have had a firm, fixed and sincere objection to participation in war in any form or in the bearing of arms. I deeply and sincerely believe that it is not moral or ethical to take another person’s life, and my lifelong spiritual/religious beliefs impose on me a duty of conscience not to contribute to warfare by taking up arms ... my beliefs are as strong and deeply held as those who possess traditional religious beliefs and who believe in God ... I want to make clear, however, that I am willing to perform work of national importance under civilian direction or to perform noncombatant service in the Armed Forces of the United States if and when required by the law to do so.”

After much media attention and letters from organizations such as the American Humanist Association and Freedom From Religion Foundation, USCIS backed down and allowed Ms. Doughty's objection to stand. Her naturalization ceremony is scheduled for later this week.

Asylum Changes May Come With Immigration Reform

Immigration reform may affect not only people in this country without documents and skilled technical workers, but also people seeking to escape persecution in their home countries. Congress is considering several changes to the law of asylum.

Right now, people who want to apply for asylum status must submit their applications within one year of entering the United States, or else their applications may be denied. This deadline for applications causes trouble for many asylum seekers. The current version of the Senate bill, which was recently approved in committee, would end that deadline. It could also give a second chance to people whose applications have been denied because they did not file their applications on time.

Another provision would take away a grant of asylum from anyone who returns to their home country without a good reason for doing so. Because the Boston bombing suspect Tamerlan Tsarnaev visited Dagestan after receiving asylum in the United States, authorities are worried about visits to conflict-prone areas. However, this could cause lots of trouble for people who return to their home countries, even at great risk to themselves, to visit family or dying relatives.

The Senate bill may also increase asylum officers' power to resolve disputes, and impose stricter checks and security measures on people seeking asylum.

To read more, click here. If you are considering applying for asylum, contact Glickman Turley for information on how we may be able to help.

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.

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.

The Potential for Post-Election Immigration Reform

An editorial published today by Bloomberg  highlighted that support for immigration reform is inevitable now that President Obama has been re-elected. The editorial stated that Latinos, known to be a socially conservative demographic, comprised 10 percent of the total vote, giving "Obama almost three votes for every one earned by Romney." 

President Obama campaigned on immigration reform that would address the nearly 11 million illegal immigrants in the US. Republican Speaker John Boehner has stated that he is "confident that the president, myself, other can find the common ground to take care of this issue once and for all." 

The editorial further noted that: "Standard & Poor’s has found that cities with high immigration levels show improvements in credit ratings, tax bases and per-capita incomes. High-skills immigrants, meanwhile, not only increase productivity but also generate jobs."

For representation on immigration issues, 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.

Free Clinics Around Massachusetts for DACA Applications

Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) is offering free assistance with Deferred Action for Childhood Arrivals (DACA) applications. on September 7, 2012 and September 14, 2012. Please contact MIRA by clicking here to RSVP - spots fill up quickly. MIRA has also provided a list of other free clinics around Massachusetts that are offering free assistance with DACA applications. 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.    

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. 

Register to Vote After Naturalization Ceremony Today in Boston

The Massachusetts Immigrant and Refugee Coalition (MIRA) will be sending 100 volunteers to the naturalization ceremony today at Seaport World Trade Center in Boston, according to the Boston Globe. Almost 1,700 people will be naturalized and the Coalition hopes to register about 5,000 new citizens to vote as part of its campaign called FIGHT BACK: VOTE. For more information, visit The Massachusetts Immigrant and Refugee Advocacy Coalition: http://www.miracoalition.org.

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.  

US Supreme Court Rejects Part of Controversial Arizona Immigration Law

The U.S. Supreme Court struck down parts of the controversial 2010 Arizona immigration law, but upheld the "show me your papers" provision where state law enforcement will be permitted to question the immigration status of anyone they stop or arrest if they have reason to suspect the person is here illegally. The Court noted that the provision is open to future legal challenges because of the potential of racial profiling. The Court noted that immigration is regulated by the federal government, and state law cannot preempt such policies. 


Click here to read the full opinion: Arizona v. United States, No. 11-182. 


For more on this story, click here to read an article in The New York Times.

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.  

Breaking News (UPDATE) - DHS: Deferred Action Will be Offered to DREAMers

The White House will announce today that Department of Homeland Security (DHS) will stop deporting and start granting work permits to younger illegal immigrants who came to the United States as children and have led otherwise law-abiding lives. The new policy will impact approximately 800,000 undocumented immigrants, according to The Huffington Post. The policy change partially implements one of the objectives of the DREAM Act, "a long-sought but never enacted plan to establish a path toward citizenship for young people who came to the United States without documents but who have attended college or served in the military."

American Immigration Lawyers Association released the following preliminary information in a news alert this morning. Eligible applicants must:

- Be 15-30 years old, and have entered before age 16

- Have been present in the U.S. for 5 years as of June 15, 2012

- Have maintained continuous residence

- Have not been convicted of one serious crime or multiple minor crimes

- Be currently enrolled in high school, graduated or have a GED, or have enlisted in the military

- The deferred action offer will be available to those in proceedings as well as to those who apply affirmatively.

UPDATE: Here is the link to DHS's official memo. 

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.  

Former Gov. Jeb Bush Encourages GOP To Embrace Broader Approach Toward Immigration

Former Governor Jeb Bush (R-Florida) questioned the Republican Party's immigration policies at a breakfast with the press hosted by Bloomberg View in Manhattan on Monday. Gov. Bush said that his father, President George H.W. Bush and President Ronald Reagan would have "struggle[d] with 'an orthodoxy that doesn't allow for disagreement,'" according to an article in The New York Times.

The report said that the Bush family "for all their differences, believe the system should be more humane for hardworking and law-abiding Hispanic families," and that the Republican Party today needs to ramp up efforts to connect with the community. Gov. Bush expressed his support for a broader approach to immigration reform compared to Governor Mitt Romney who "referred to the tough immigration law in Arizona as 'a model.'"

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.  

Supreme Court Considers Whether Padilla Ruling Can Apply Retroactively

The United States Supreme Court will decide whether its ruling in Padilla v. Kentucky, that immigrant defendants are entitled to effective counsel in criminal cases applies retroactively to criminal cases decided before the 2009 Padilla ruling.   This is significant for immigrants who have criminal convictions before 2009 and whose defense counsel did not advise them of the important immigration consequences of a guilty plea.  The Supreme Judicial Court of Massachusetts ruled last year in Commonwealth v. Clarke that Padilla applied retroactively in Massachusetts and that criminal defendants who were not adequately advised of the immigration consequences of their plea may be entitled to a new trial.  However, the Supreme Court may now have the final say on the matter.   See Chaidez v. United States, No. 11-820.

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. 

Syrians Granted Temporary Protected Status

The New York Times reported that the Department of Homeland Security has designated Syrian nationals living in the United States as eligible for Temporary Protected Status (TPS) due to the extreme threats and ongoing violence in Syria since January 2011. DHS estimates that 2,500-3,000 Syrians living in the United States would be allowed to apply for TPS. A person who is granted TPS will be protected for the duration of 18 months before applying for a renewal. DHS will require each applicant to pass criminal and national security background checks.

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.  

New Detention Center For Immigrants Opens in Texas

The New York Times reported that a new immigrant detention center has opened in Karnes County, Texas. The detention center is part of the Obama administration's plan to reform the immigration system in order "to provide a less penal setting for detainees" that are considered a minimal safety risk. The detention center resembles a school setting more than a jail where detainees will be allowed to move freely around most of the center. The guards who are unarmed will be referred to as "resident advisers" dressing in khaki pants and blue polo shirts. There will be courtrooms on the premises for immigration hearings with video conferencing available for judges in San Antonio and Houston. 


Advocates of human rights and immigrants had long criticized the federal government's use of jails and jail-like detention centers for mistreating detainees, including providing poor health care that would result in deaths, for people who were mainly detained for civil violations. There are plans to upgrade several existing detention centers around the country, as well as plans to build new centers in South Florida and Chicago to hold medium and high security detainees. 


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.