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).

Federal Student Loan Agency Recognizes Same-Sex Marriage

Is someone in your family planning to apply for federal student aid? A recent change may affect the results. The U.S. Department of Education just announced that it will recognize students' and parents' same-sex marriages in determining federal student loan eligibility. Depending on the particular circumstances, this change could mean either an increase or decrease in the aid received.

Unfortunately, college still requires a lot of Benjamins.
Photo used under Creative Commons license from @401(K) 2013 on Flickr.

Education secretary Arne Duncan wrote, "We must continue to ensure that every single American is treated equally in the eyes of the law, and this important guidance for students is another step forward in that effort... As students fill out their FAFSA this coming year, I'm thrilled they'll be able to do so in a way that is more fair and just.”

The changes are effective immediately, although updated forms are not yet available. Students may file an amended FAFSA to make sure their aid is calculated correctly.

 

For more details, please see: http://www.insidehighered.com/news/2013/12/16/education-department-recognizes-same-sex-marriages-student-aid-purposes#ixzz2nfmLF48P

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.

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.

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.    

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.    

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.