OC Immigration Attorney

The NYCLU, in collaboration with the LGBT Community Center and the Office of Congressman Jerrold Nadler, looks at discrimination against LGBT families in our immigration system and the ongoing efforts to reform the system in Congress through the Uniting American Families Act and comprehensive immigration reform.

Congressman Jerrold Nadler has been inspired to reform the system in Congress, just by watching people get hurt because same sex marriages are not recognized by the Federal Government, including for Immigration purposes.  Additionally, he said that keeping couples apart is grotesquely cruel, and that sometimes the government has to act in ways that are cruel to people unavoidably, but government should never be cruel for no purposes.

Since there are many countries that can even punish LGBT by law, and other countries that have no legislation on their books to protect them, many LGBT come to the U.S. seeking freedom and safety.

Mohammad Abdollahi was putting his life on the line when he lobbied for immigration reform in Arizona this week, experts say.

The undocumented Ann Arbor resident, along with three other students, was arrested Monday and later detained by immigration officials in Arizona when he refused to leave Sen. John McCain’s office. The incidents spawned a response across the country, including two vigils, a protest and hunger strike among some Michigan students.

Though the four have been released, they now face deportation hearings in immigration courts in their home states, officials said Wednesday.

But what makes Abdollahi’s case unique is he is gay, and deportation for him could mean death in his native country of Iran.

“His safety and well-being would be in immediate jeopardy if he is returned to Iran,” said Steve Ralls, spokesman for Immigration Equality, a New York-based legal aid organization for gay immigrants. “It is a notorious homophobic country where lesbians and gays routinely face torture, violence and even execution. It is among the most dangerous countries on the globe for lesbian and gay people.”

But Abdollahi could seek asylum because of the violence in Iran, Ralls added. A policy in place since the mid-1990s requires that asylum seekers file paperwork within a year of their arrival in the U.S.

“His case presents some challenges,” Ralls said. “It is a high bar to meet but it is not an impossible one.”

Abdollahi, who came to the U.S. when he was 3 with his family, said he was aware of the risk he was taking when he refused to leave McCain’s office. But he thought it was critical to be part of civil disobedience to pressure lawmakers to pass the DREAM Act — federal legislation that would create citizenship for undocumented youths and give them higher education access — even if it means he could get deported to Iran.

“It’s a worry,” said Abdollahi, 24. “But if we can get the DREAM Act passed it would help so many lives, it would be worth it. I have seen too many friends get deported.”

Abdollahi’s father came to the U.S. on a student visa 21 years ago, and the family lost their legal status when Abdollahi was 8 or 9 years old, he said. He graduated from Huron High School, and went to Washtenaw Community College.

In 2007, he sought to transfer to Eastern Michigan University to train to be a social worker. A counselor gave him an acceptance letter, and five minutes later took it back after they became aware of his citizenship status, he said.

The Australian government announced that it will change the immigration laws in order to eliminate discrimination against same-sex couples and their children. Same-sex couples will receive the same treatment under the Australian immigration laws as opposite sex couples, both as parents and partners.

The proposed changes will result in same-sex couples becoming eligible for a wider range of visas along with citizenship provisions. Same-sex couples will be included in the definition of “de facto partner” and the new definition of “spouse.”

Similar attempts to amend the US immigration laws regarding same-sex couples have been discussed; however, currently no bills are making significant progress towards reforming US laws in this manner. Immigrants married to same-sex US Citizens cannot receive a green card due to their relationship with their same-sex partner. Many immigrants in this situation are encountering severe immigration problems as a result.

Senator Kerry wrote to Attorney General Eric Holder urging him to allow Genesio Oliveira to return to the United States to reunite with his spouse, Tim Coco. Mr. Oliveira and Mr. Coco were legally married in Massachusetts in 2005. Mr. Oliveira applied for asylum in the United States, but was denied.

The U.S. immigration laws allow spouses of U.S. citizens to receive green cards; however, federal law does not recognize gay marriage, and does not allow U.S. citizens to petition for their same-sex spouse’s green cards.

The immigration court reviewing Mr. Oliveira’s asylum claim believed he was attacked and raped, but stated that Mr. Oliveira was “never physically harmed” by the rape. His asylum claim was denied, and
Mr. Oliveira left the United States in 2007. Since that time, Mr. Oliveira and Mr. Coco have been separated. When Mr. Coco’s mother died, Mr. Oliveira was denied a visitor’s visa and not allowed to attend his mother-in-law’s funeral or support his husband as he grieved.

If you fear returning to your home country because you believe you will be harmed, you might be eligible to receive asylum. Call The Nunez Firm today to schedule a free and confidential consultation.

In November 2008, the U.S. Asylum Office denied Dunrick Sogie-Thomas’s asylum claim that he would be subject to persecution due to his homosexuality if he were returned to Sierra Leone.

At the time of his original asylum claim, Mr. Sogie-Thomas was not represented by counsel; however, after his denial, he retained a pro bono attorney. The Asylum Office invited Mr. Sogie-Thomas to re-interview with a new asylum officer on Monday.

In his home country of Sierra Leone, homosexuality is punishable by life in prison. Additionally, it is likely that homosexuals are persecuted by Sierra Leone society, as is the case in many countries.

The Nunez Firm has experience in all types of asylum cases. We can help prepare a persuasive and effective asylum case, and accompany you at your asylum interview. If you fear that you will be harmed by the government or another group if you return to your home country, call The Nunez Firm today to discuss the possibility of asylum. Successful asylum-seekers can obtain a green card and eventually U.S. citizenship. The consultation is free and 100% confidential.