Wednesday, May 23, 2012

The Spring of Violence and Hate: Moldova, Russia, and Ukraine.

The Spring of Violence and Hate: Moldova, Russia, and Ukraine.

This month, ILGA-Europe (The International Lesbian and Gay Association) released its updated Rainbow Map “ILGA-Europe Rainbow Map”, which grades the countries of the European continent according to their treatment of gay, lesbian, bisexual, and transgender/transsexual persons (LGBT). Moldova, Russia, and Ukraine, received the lowest scores in this comprehensive assessment of the LGBT rights and freedoms in Europe. Or, perhaps, these nations scored the highest in their disrespect and utter disregard for their LGBT citizens' safety and peace.

Here are some of the recent events that took place in those countries which add to their already dismal record of respect for the rights of the LGBT persons:

Moldova: earlier this spring, several municipalities in Moldova followed a heinous example set by a number of regional legislatures in the Russian Federation by adopting the laws against the so-called “gay propaganda”. This legislation effectively bans any public discussion of LGBT issues and was originally proposed by the Communist Party, which remains a powerful force in Moldovan politics after more than 20 years of the country's independence from the Soviet rule. This distressing development proves once again that Moldova, although aspiring to join the European Union, is far from abandoning its Soviet legacy of violent state-sponsored homophobia. In the past, the Moldovan gay and lesbian activists have been continuously harassed and threatened by both the ultra-right thugs and the police officers, whenever they tried to hold public meetings or conferences, or open an advocacy center or a gay-friendly club.

Russia: May 1 — the May Day — also known as the International Workers' Day — remains an official holiday in the Russian Federation. This year's May Day celebrations in Russia were marked by massive protests against what many Russian citizens feel is Vladimir Putin's continuing usurpation of power. In Saint-Petersburg, Russia's second largest city, the protesters were joined by a group of LGBT activists who campaigned against the city's newly adopted law prohibiting the so-called “gay propaganda” (I wrote about it earlier here: “No love from Russia - if youre gay”). These brave individuals marched with the rainbow flags and were promptly detained by the police for violating the very law they were protesting against. The police arrested 17 individuals who were later charged with administrative violations and their cases are currently pending. This incident is a perfect portrayal of what this homophobic law truly is — a reactionary draconian measure aimed at further suppression of freedoms of expression and association in the Russian Federation.

On May 17, 2012, a large group of LGBT activists and their supporters were actually able to obtain the Saint-Petersburg city authorities' permission to celebrate publicly the International Day Against Homophobia (IDAHO). It is reported that some 300 people attended that festive event. They were immediately confronted, however, by a group of some 150 militant neo-Nazi and Orthodox extremists, who turned the event into a massive fight. It is notable that the numerous police officers present at the event did little to stop the attackers. They did, in the end, provide busses to evacuate the LGBT activists as the situation was intrepidly getting out of control. Two of the gay activists suffered from physical violence that day, but people who had no knowledge of IDAHO celebrations were injured as well, when the skinheads attacked a passing bus with seasonal workers thinking that they were in fact attacking the fleeing gay activists. The brutality of the attack is quite horrific (a short video can be viewed here: “Gay Activists Attacked in St. Petersburg on International Day of Fighting Homophobia”); what is more troubling, however, is the police inaction against the perpetrators. By not stopping the attackers, the Saint Petersburg police effectively sided with them. After all, we all know that the Russian law enforcement is perfectly able to disperse just about any crowd; lately, however, they seem to apply their abilities only to peaceful protesters who dare to oppose the current regime.

Ukraine: As the Ukrainian parliament (the Rada) continues its consideration of a nation-wide ban on “homosexual propaganda” (these pitiful legislations seem to be spreading like plague in that part of the world), the Ukrainian gay activists were viciously attacked as they tried to hold the Ukraine's first ever gay pride parade in the capital city of Kiev. Just as in Saint Petersburg, the planned LGBT event was disrupted by a massive show of neo-Nazis, Christian fundamentalists, and a counter march for the “Preservation of Family Values” organized by the infamous “Love Against Homosexuality” movement, which has established a notoriously solid presence in the Ukrainian politics these days. At least two people required hospitalization after a series of attacks took place in Kiev. Svyatoslav Sheremet, a prominent Ukrainian gay activist, suffered a particularly vicious beating by the skinheads (the gruesome images of the attack on Svyatoslav can be viewed here: “Horrific moment thugs attack head of gay rights group as Ukraine is forced to cancel parade hijacked by neo-Nazi zealots”). The Ukrainian police proved to be just as willfully impotent as their Russian counterparts in the incident described above. This shocking episode is a clear statement that being openly gay in Ukraine is not just problematic, it is indeed life threatening.

The events described above portray quite a sordid picture for the LGBT people in Moldova, Russia, and Ukraine. If you identify yourself as gay, lesbian, bisexual, or transgender/transsexual and have a fear of returning to your homeland, you may be eligible for asylum in the United States. If you find yourself in such situation, you should immediately seek assistance of an experienced immigration attorney.

Source: International Lesbian and Gay Association, ilga.org, dailymail.co.uk, youtube.com, gay.ru, NY Times.

By Ivan Savvine, Senior Paralegal @ The Law Offices of Grinberg & Segal, PLLC.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Tuesday, May 22, 2012

AAO Finds Artistic Expression Does Not Need to be Traditional to be "Culturally Unique"

The Administrative Appeals Office (AAO) recently addressed the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers (P-3 Non-Immigrant Visa). The Immigration & Nationality Act (INA) allows for an alien artist or entertainer, who performs individually or as part of a group, to receive a non-immigrant visa if he or she seeks to enter the United States temporarily to perform, teach, or coach a program that is culturally unique. INA §101(a)(15)(P)(iii)(I)-(II). The Federal Regulations define “culturally unique” as “a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons.” 8 C.F.R.§214.2(p)(3).

In the Matter of Skirball Cultural Center, the AAO found that “the fact that the regulatory definition allows its application to an unspecified 'group of persons' makes allowances for beneficiaries whose unique artistic expression crosses regional, ethnic, or other boundaries.” Matter of Skirball Cultural Center, 25 I&N Dec. 799, 805 (AAO 2012). The AAO specifically found that “the idea of 'culture' is not static and must allow for adaptation or transformation over time and across geographic boundaries.” Id. The style of artistic expression must still be identifiable to a specific group of people. Id. The determination of whether an artistic expression is “culturally unique” must be made on a case-by-case basis applying the Bureau of U.S. Citizenship & Immigration Services' expertise and discretion. Id.

The AAO's interpretation of “culturally unique” is favorable to petitioners and beneficiaries as it defines the term broadly to allow for many types of artists to qualify for the visa. The AAO reversed the determination of the Bureau of U.S. Citizenship & Immigration Services (USCIS) finding the beneficiaries' Jewish klezmer music, which had been distinctively blended with traditional Argentine musical styles was “culturally unique”. The AAO focused on an expert opinion that found “that klezmer music, while often associated with ethnically Jewish people, is an artistic form that has migrated and is continually mixed with and influenced by other cultures.” Id. at 805. The AAO specifically held that “[t]he regulations do not require that an art form be 'traditional' in order to qualify as culturally unique.” Id. at 806. As such, a hybrid artistic expression can be deemed “culturally unique”. It is important to make sure that a petitioner and beneficiary submit sufficient evidence to show the artistic expression is “culturally unique”.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com