The Violence Against Women Act (VAWA) allows immigrant survivors of domestic violence to self-petition for legal status in the United States without relying on their abusive U.S. citizen spouses to sponsor their adjustment of status (i.e., “green card”) applications. VAWA self-petitioners must prove that they are persons of “good moral character” to obtain approval of their petitions. Proving good moral character can become challenging when the petitioner has criminal history.  Unfortunately, some VAWA petitioners end up with criminal records through no fault of their own because their ab ..read more

Nearly six years after our pro bono client first filed his asylum application, United States Citizenship and Immigration Services (USCIS) finally granted him asylum in the United States. Our client is a gay man living with HIV who fled Uzbekistan because he had suffered anti-gay violence and feared he would be harmed again due to his sexual orientation and HIV status. The client had lived in a patriarchal society in Uzbekistan where gay men are routinely ostracized and attacked because they do not conform to traditional gender norms. Instead of being able to live freely as his authentic self ..read more

Transgender and nonbinary individuals are often among the most marginalized communities we serve as pro bono lawyers. In the US and abroad, transgender and nonbinary people have faced a history of discrimination in employment and housing, unequal access to healthcare, and violence. Indeed, as the Human Rights Campaign has reported, 2020 was the deadliest year on record for transgender and gender non-conforming people – and especially for transgender women of color, dozens of whom were violently killed. The rates of suicide attempts, particularly among transgender and nonbinary youth, are simil ..read more

On June 24, 2021, the Governor of New York signed into law the Gender Recognition Act, and Proskauer employees came together in celebration of LGBTQ+ Pride Month to support transgender equality and inclusion in all areas of public life. With special guest speakers Chris Mosier of Transathlete.com and Sasha Buchert of Lambda Legal, Proskauer associate Ren Morris and Craig Convissar of The LGBT Bar Association of Greater New York (LeGaL) led a conversation about the recent wave of state-level anti-transgender legislation, much of which has targeted transgender youth. A record-breaking number of ..read more

In 2014, I had the privilege of representing two extraordinary young asylum seekers who had fled from Macedonia, where, because they are a gay couple, they had suffered extreme homophobic violence and sexual abuse at the hands of civilians and police officers.  In 2021, I had the honor of helping them become U.S. citizens. In reflecting on my clients’ seven-year journey to United States citizenship, I am reminded of how much has changed, but also how much has unfortunately remained the same and how far we have yet to go in the pursuit of LGBTQ human rights both at home and abroad. The fir ..read more

When navigating routine experiences such as applying for jobs, traveling, accessing healthcare, and interacting with government agencies, many of us are able to present our identification documents or write down our legal names without a second thought. But for transgender individuals navigating these same spaces, having to use a legal name that is inconsistent with their gender identity often translates into a heightened risk of discrimination, harassment, and violence. That such a fundamental part of one’s identity — a person’s name — can expose one to bigotry or physical harm is an injustic ..read more

On February 5, 2021, the United States Citizenship and Immigration Services (“USCIS”) granted asylum to our client, a gay man who suffered horrific violence based on his sexual orientation.  For their own homophobic reasons, the police in his country of origin refused to investigate the hate crimes that were committed against him.   Fearing for his life, our client fled to the United States.  Now that he has received asylum, he can live and work in the United States indefinitely. The modern asylum system grew out of a reaction to the horrors of World War II and the Holocaus ..read more

Nearly one-third of transgender individuals experience homelessness at some point in their life, and 70% of those who have stayed in a homeless shelter have reported some form of mistreatment, including harassment and refusal of service, due to their gender identity.  Transgender individuals are significantly more likely to end up homeless than the general population because they often face rejection by their family members and discrimination in employment and housing.  The levels of discrimination and income inequality are even higher for transgender women of color, and the COVID-19 ..read more

Pervasive anti-LGBTQ violence around the world causes many individuals to flee their countries of origin in search of safety. The past few years have been tremendously difficult for immigrants of all walks of life, but especially so for LGBTQ and HIV-affected asylum applicants who have fled to the United States to seek refuge from persecution and torture. Following a steady stream of new policies, executive orders, and regulations that roll back protections for immigrant victims of violence, on June 15, 2020, the Department of Justice and the Department of Homeland Security released a Proposed ..read more

This post contains sensitive subject matter. We sat down with Michael Narain, the founder of Out My Closet, to talk about the vital role this nonprofit organization plays in the lives of at-risk LGBTQ+ youth and how Proskauer’s pro bono collaboration has helped to advance the organization’s mission. In your own words, what does Out My Closet do and why is this work important and impactful? LGBTQ+ youth experience disproportionate levels of homelessness and mental health issues, and are more likely to suffer from substance abuse and sexual exploitation. Out My Closet is a nonprofit organization ..read more