Russia and the War against Homosexuality

Despite the attention that Vladimir Putin is receiving over his recent anti-gay policies, there is still, very much, a massive problem for homosexuals living in Russia. The severity of the issue has gone from alarming to outrageous. It is crucial to incite a major change in Russia's policies. These laws and bills are seedlings which will inevitably expand as long as they are allowed to.

While many people are aware of the anti-gay sentiment, I strongly believe very few people are aware of the degree of persecution that homosexuals in Russia are subject to by both police officers and citizens alike. While going over collections of photographs collected during recent gay pride parades and marches in Russia, I immediately grasped the scope of the horror they live in.

The first sets of photographs depict a peaceful gay pride celebration that took place in 2012. As one continues to look through the photographs, pictures of the same event show civilians punching gay activists. Other pictures show police officers using brutal force on peaceful gay activists, and eventually gay activists are detained while the violent anti-gay protesters remain free. More pictures of the same event show anti-gay protesters angrily shouting at the gay activists, while one protester holds a whip in his hand, threatening violent behavior.

Another gay-pride celebration in Moscow shows a gay activist being punched in the face, while police surround him. It clearly shows the police doing nothing to prevent the violent attack. Another picture shows an older man, likely in his sixties, choking a gay rights activist. The police, again, arrest and detain the gay activists. Another photo of the same event shows authorities in military outfits taking down rainbow flags that are being held by gay activists.

The photos get more appalling for each event. The police officers seem to target only the gay activists while the violent protesters continue to their assault. There are photos showing gay activists covered in blood while they are being attacked. The anti-gay protesters disrupt the gay pride celebration events in groups wreaking havoc, brutally attacking gay activists, pelting them with rotten eggs and dragging them across the streets. Even more disturbing is not the lack of protection from the police for the activists, but the fact that the police condone the assault and often join the violence.

As an observer looking over these photographs, it is difficult to avoid resemblance of what Germany's early Nazi policy was like. More laws are being passed which prevent acknowledgement of homosexual equality. Furthermore, the violence against the homosexual community continues with impunity. If this tragedy continues, it is that the homosexual communities will eventually grow fearful of violence and persecution. Homosexual equality will then be delayed further and there will be less opposition from the media. The less attention this matter receives, the further Putin's campaign is likely to expand. As countries with interests in international policy and the possible economic effects of Russia's policy, we must act promptly.

To see the pictures, click on the link below.

photos from russia everyone needs to see

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Foreign Entrepreneurs May Have a New Hope

National Interest Waiver is a program which allows eligible foreigners to petition for Permanent Residency in the United States without having to undergo the Labor Certification process or having an employer who otherwise would have needed to petition for him or her. In an attempt to boost employment opportunities and economic recovery, the United States Citizenship and Immigration Services have extended the availability of the National Interest Waiver to eligible foreign entrepreneurs.

Prior to this change, foreign entrepreneurs were limited to certain eligibility requirements. For example, the beneficiary would have to have and advanced degree, such as masters or a doctorate, or have extraordinary abilities and a permanent job offer from a valid U.S. employer. In addition to these requirements, the employer needs to file a labor certification application stating the shortage of qualified U.S. workers.

The drawback with the former eligibility requirements is ironic. An entrepreneur, by definition, is someone who starts a business and thus, not to be employed by another. However, the eligibility extension will now allow entrepreneurs to qualify for the National Interest Waiver if the Secretary of Homeland Security deems the waiver to be of national interest.

As for the state of New York, there was a decision that established a three-prong test which governs the granting of a National Interest Waiver. This test was then adopted by the United States Citizen and Immigration Services for National Interest Waiver applicants.

The three prongs require:

1.     The industry or field in which the alien wishes to work should be a field of “substantial intrinsic merit”.
2.     The benefit of the grant should extend nationally.
3.     The national interest would be negatively impacted if a labor certification was required for the applicant.

When attempting to meet the first requirement, it is important to focus on the economic benefit to the nation. The “intrinsic merit” requirement can be met if there is an introduction of new income and products or services of economic value. To fulfill the second requirement, the applicant should focus on job creation. The creation of local jobs will naturally have benefits that extend nationally. The third requirement, however, is a bit trickier. In order to be exempt from the labor certification, the applicant should demonstrate that the national benefit of the waiver will greatly surpass the benefit of giving the job to a U.S. worker. The alien should provide achievements greater than what already has been contributed to the field. To do this, the applicant should show significant past achievements. Furthermore, the applicant should show that requiring labor certification will negatively impact the creation of jobs and thus, has negative national effects.

Prior achievements can be displayed in a variety of ways. One of the most evident is previous success in business ventures overseas. This shows a demonstrated ability to be successful in business and is likely to continue in the United States. Anything that supports the success of the business should also be included—such as current contracts, the number of employees and the ability to meet proposed business goals. The concentration of the application should still remain on the creation of jobs for U.S. workers.

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Good News for Spouses and Children of Lawful Permanent Residents

The U.S. Department of State recently released the August Visa Bulletin. You can find a copy of this Visa Bulletin at United State government web site: visa bulletin. Immigrant visas will be current for the F2A category, which includes spouses and children of lawful permanent residents (i.e. LPR's or Green Card Holders) regardless of the beneficiary's native country. It is important to keep in mind that the term child is specifically defined by the Immigration and Nationality Act (INA) as unmarried son or daughter under the age of 21. If your son or daughter has turned 21 while the immigrant visa petition has been pending, it is important you contact an experienced immigration attorney as soon as possible to determine if he or she still qualify for an immigrant visa under the Child Status Protection Act (CSPA).

If your spouse and/ or children are currently residing outside the United States, it is important that you take the time to notify U.S. Citizenship and Immigration Services (USCIS) or the National Visa Center (NVC) of any changes in contact information. You do not want to cause undue delay in immigrant visa application process, because you did not receive notifications from USCIS or the NVC. You can find information on notifying USCIS of a change of address at USCIS government web site. You can find contact information for the NVC at immigrants travel state government visa info. However, if your spouse and/or children are currently in the United States, you should consult an experienced immigration attorney about their eligibility to seek adjustment of status in the United States.

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. 

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USCIS to Review Immigrant Visa Petitions Filed By Same Sex Spouses

In rather rapid development a week after the U.S. Supreme Court's decision in Windsor, overturning Article 3 of DOMA, President Obama has instructed USCIS to start immediately reviewing immigrant petitions filed by same sex spouses. “President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.” Secretary of Homeland Security Janet Napolitano wrote on the DHS website.

DHS also provided a short Q&A, were the answers where rather vague. For instance, to the question of whether I-130 can be filed by the same sex spouse, the answer was that it can be and will not be “automatically denied as a result of the same-sex nature of your marriage.” The Secretary added, that USCIS Director was instructed to now start reviewing I-130 petitions filed by the same sex spouses. Whether reviewing means duly processing and approving those on the merits, which warrant approval remains to be seen.

Read Full text of the Secreatry's Statement and the Q&A.

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.

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