24
26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com Protecting God’s Children From Distant Lands Vol.84 FREE The Immigrant’s Journal Our leaders who stood for Unity & Justice Relationship Playbook: Rules to Live By .... see page 14 T he Senate’s “Gang of Eight” have introduced the “Border Security, Economic Opportunity and Immigration Modernization Act” in the 113th Congress. The bill is 844 pages long and will no doubt invite weeks of debate on many of its provisions. The bill is the culmination of months of work by Senators and their staff, and was buoyed by pre-negotiations of the toughest stick- ing points between business and labor groups, as well as many other stakehold- ers. An overview of the bill, breaks the reforms down into a few main cate- gories: Path to Citizenship: The bill creates a way for millions of undocumented immi- grants already living in the U.S. to apply Legalization on the Horizon: Senate Immigration Bill Has Arrived for citizenship. First, immigrants must have entered the U.S. before December 31, 2011, maintained a continuous phys- ical presence here, pass a criminal back- ground check, and pay a $500 penalty, among other requirements. Applicants will be able to renew their status as Registered Provisional Immigrants (RPIs) after six years if they meet addi- tional criteria. At the ten year mark, RPIs will be eligible for adjustment of status under a new program that permits those in the U.S. for more than ten years to seek adjustment of status. Three years later they would be eligible to apply for citizenship. DREAM Act-eligible young adults would be on a separate, accelerat- ed path to a green card and would be eli- gible for citizenship immediately after becoming a lawful permanent resident. Border Security: The immigration bill allocates $3 billion to the Department of Homeland Security (DHS) to improve border security by adding surveillance drones and 3,500 additional customs agents along with other measures. Another $1.5 billion will go to fencing along the southern border. Within five years of enactment, the legislation requires DHS to have achieved 100 per- cent surveillance of the nation’s south- west border and a 90 percent apprehen- sion rate of people attempting to illegal- ly cross in high-risk areas of the U.S.- Mexican border. If DHS does not meet those standards, then a border commis- sion of governors and attorneys general from borders states would have an addi- continued on page 10 President Obama to New Citizens: "In each of you, we see the true spirit of America" Visit www.ijlef.org For Immigration News & Updates AILA, IJLEF Commends Senate “Gang of Eight” for Bipartisan Immigration Bill W ASHINGTON, DC: The American Immigration Lawyers Association (AILA) commends the Senate "Gang of Eight" for introducing its bipartisan immigration reform proposal, allow- ing the Senate Judiciary Committee to forge ahead on the "markup" process. A proposal like this is a necessary first step in any path forward to create a commonsense immigration system For a Summary of the Proposed Senate Bill ...see pages 8 & 9 DIASPORA ISSUES: Let Bankruptcy Be Your Personal Bailout: Call 718-222-3155 for a FREE Consultation Brian Figeroux, Esq. continued on page 10 continued on page 11 BY AILA PRESS CENTER BY AMANDA PETERSON BEADLE R ecently, President Obama spoke at a at a naturalization ceremony for active duty service members and civilians at the White House. He welcomed 28 new American citizens to our nation of immigrants and called for reforms to our immigration system that will help harness the talent and ingenuity of all those like them who want to work hard and find a place here in America. President Obama said that in each of the men and women who had earned the right to call this country home, we're reminded of the millions who came before them and our "faith in the idea Linda Brown: Changing the Laws How to Manage Money When You Are Between Jobs... see page 7 I magine you are a seven year old and have to walk one mile to a bus stop by walking through a railroad switch- ing station and then waiting for a school bus to go to a "black elementary school" or a school where only African American children went. This is what happened to Linda Brown, an African American third grader from Topeka, Kansas, even though there was a "white elementary school" only seven blocks away. A "white elementary school" was a school where only white students were able to attend. The Lawsuit Begins This is how the Brown vs. Board of Education lawsuit was started in 1951. Linda’s father, Oliver Brown, and thir- teen other parents tried to enroll their children in the local "white schools" in the summer of 1950, but were turned down because they were African Americans. They were told they must attend one of the four schools in the city for African American children. Linda Brown

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Page 1: Immigrant's Journal

26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com

Protecting God’s Children From Distant Lands Vol.84FREE

The Immigrant’s JournalOur leaderswho stood forUnity & Justice

Relationship Playbook: Rules to Live By.... see page 14

The Senate’s “Gang of Eight” haveintroduced the “Border Security,Economic Opportunity and

Immigration Modernization Act” in the113th Congress. The bill is 844 pageslong and will no doubt invite weeks ofdebate on many of its provisions. The billis the culmination of months of work bySenators and their staff, and was buoyedby pre-negotiations of the toughest stick-ing points between business and laborgroups, as well as many other stakehold-ers.

An overview of the bill, breaks thereforms down into a few main cate-gories:

Path to Citizenship: The bill creates away for millions of undocumented immi-grants already living in the U.S. to apply

Legalization on the Horizon: SenateImmigration Bill Has Arrived

for citizenship. First, immigrants musthave entered the U.S. before December31, 2011, maintained a continuous phys-ical presence here, pass a criminal back-ground check, and pay a $500 penalty,among other requirements. Applicantswill be able to renew their status asRegistered Provisional Immigrants(RPIs) after six years if they meet addi-tional criteria. At the ten year mark, RPIswill be eligible for adjustment of statusunder a new program that permits thosein the U.S. for more than ten years toseek adjustment of status. Three yearslater they would be eligible to apply forcitizenship. DREAM Act-eligible youngadults would be on a separate, accelerat-ed path to a green card and would be eli-gible for citizenship immediately afterbecoming a lawful permanent resident.

Border Security: The immigration bill

allocates $3 billion to the Department ofHomeland Security (DHS) to improveborder security by adding surveillancedrones and 3,500 additional customsagents along with other measures.Another $1.5 billion will go to fencingalong the southern border. Within fiveyears of enactment, the legislationrequires DHS to have achieved 100 per-cent surveillance of the nation’s south-west border and a 90 percent apprehen-sion rate of people attempting to illegal-ly cross in high-risk areas of the U.S.-Mexican border. If DHS does not meetthose standards, then a border commis-sion of governors and attorneys generalfrom borders states would have an addi-

continued on page 10

President Obama toNew Citizens: "Ineach of you, we seethe true spirit ofAmerica"

Visit www.ijlef.org

For ImmigrationNews & Updates

AILA, IJLEF Commends Senate “Gang ofEight” for Bipartisan Immigration Bill

WASHINGTON, DC: TheAmerican ImmigrationLawyers Association

(AILA) commends the Senate "Gangof Eight" for introducing its bipartisanimmigration reform proposal, allow-ing the Senate Judiciary Committee toforge ahead on the "markup" process.A proposal like this is a necessary firststep in any path forward to create acommonsense immigration system

For a Summary of theProposed Senate Bill

...see pages 8 & 9

DIASPORA ISSUES:Let Bankruptcy Be Your

Personal Bailout:Call 718-222-3155 for a FREE Consultation

Brian Figeroux, Esq.continued on page 10

continued on page 11

continued on page 17

BY AILA PRESS CENTER

BY AMANDA PETERSON BEADLE

Recently, President Obama spokeat a at a naturalization ceremonyfor active duty service members

and civilians at the White House. Hewelcomed 28 new American citizens toour nation of immigrants and called forreforms to our immigration system thatwill help harness the talent and ingenuityof all those like them who want to workhard and find a place here in America.

President Obama said that in each ofthe men and women who had earned theright to call this country home, we'rereminded of the millions who camebefore them and our "faith in the idea

Linda Brown: Changing the Laws

How to Manage MoneyWhen You Are Between

Jobs... see page 7

Imagine you are a seven year old andhave to walk one mile to a bus stopby walking through a railroad switch-

ing station and then waiting for a schoolbus to go to a "black elementary school"or a school where only African Americanchildren went. This is what happened toLinda Brown, an African American thirdgrader from Topeka, Kansas, eventhough there was a "white elementaryschool" only seven blocks away. A"white elementary school" was a schoolwhere only white students were able toattend.

The Lawsuit BeginsThis is how the Brown vs. Board ofEducation lawsuit was started in 1951.Linda’s father, Oliver Brown, and thir-teen other parents tried to enroll theirchildren in the local "white schools" inthe summer of 1950, but were turneddown because they were AfricanAmericans. They were told they mustattend one of the four schools in thecity for African American children.

Linda Brown

Page 2: Immigrant's Journal

TABLE OF CONTENTS 2

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

Join us onFacebookThe Immigrant’s

JournalLegal & Education

Fund Inc.

HELP USDonate tothe IJLEF

Visitwww.ijlef.org

A Special Invitation

to all faith-basedleaders to empower their

congregation and membership

from the IJLEF, Inc.,a 501(c)(3) approved

not-for-profit organization offering

FREE IMMIGRATION SEMINARS/

PRESENTATIONS & CONSULTATION CARDS

($100 VALUE) ON THE DAY OF THE PRESENTATION

Call 718-243-9431 to schedule a presentation My people are destroyed for lack of knowledge. —

Hosea 4:6

Immigration & Legislative News

Welcome to America

Comprehensive Immigration Reform

Business, Love & Health

Know Your Rights

Associated Press Stylebook Drops “Illegal Immigrant”.................................................4

USCic Revises Employment Eligibility Verification Form............................................4

Temporary Protected Status Extended for Hondurans...................................................4

Why Are Some Still UnDACAmented?.........................................................................5

Guaranteeing Access to Healthcare to Immigrant Women.............................................6

How to Manage Money When You Are Between Jobs..................................................7

Remove Conditions on Permanent Residence Based on Marriage..............................15

The Pathway to Citizenship and Immigration Integration............................................22

President Obama to New Citizens..................................................................................1

Legalization on the Horizon...........................................................................................1

AILA, IJLEF Commends Senate “Gang of Eight”........................................................1

Summary of the Proposed Senate Bill for CIR ............................................................8

Paths to Citizenship......................................................................................................11

Success Begins June 20, 2013.......................................................................................12

Relationships Playbook: Rules to Live By....................................................................14

The Mental Health Needs of Immigrants......................................................................18

A Mother’s Heartfelt Account of Managing High Blood Pressure...............................20

Suppress the Sneeze......................................................................................................21

Linda Brown: Changing the Laws..................................................................................1

Immigration Services Fraud..........................................................................................16

Civil and Human Rights Coalition Welcomes Immigration Bill.................................17

DOMA Unconstitutional as Applied to Immigrants.....................................................19

.

Page 3: Immigrant's Journal

GUEST EDITORIAL

Volunteering at THE IMMIGRANT'S JOURNAL LEGAL &

EDUCATIONAL FUND, INC.Internship positions available

throughout the year.The Immigrant's Journal Legal & EducationalFund, Inc. is an organization dedicated to theeducational and economic empowerment of allimmigrants and immigrant organizations herein the United States. We at the Journal recog-nize the enormous contribution of immigrantsto this country economically, socially and polit-ically. Since September 11, 2001, however,immigrants have increasingly been discriminat-ed against and Congress has passed legisla-tion curtailing the rights of immigrants here inthe U.S., broadly claiming that immigrants area threat to ''National Security.'' We at theJournal believe that these charges areunfounded, unsubstantiated and exaggerated.The Immigrant's Journal Volunteer InternProgram: was introduced to give our volun-teers the opportunity to work in an immigrantfriendly environment while developing the nec-essary skills for college or law school. Theyassist our staff in resolving immigration andother legal concerns through personal inter-views, radio, email and telephone contact.They also assist the public with citizenshipapplications and in researching whether or notchildren of naturalized U.S. citizens havederived citizenship from their parents. Some ofour volunteers assist our legal staff by engag-ing in legal research and writing letters onother legal issues. Volunteer interns are alsoassigned various other jobs in our YouthPrograms.Hours are flexible. Email your cover letter andresume or any questions [email protected]: 718-243-9431 Fax: 718-222-3153

PublisherI.Q. INC.

Managing Editor Pearl Phillip

Senior EditorColin A. Moore

Assistant EditorMarilyn Silverman

Graphic & Website DesignerPraim SamsoondarSamantha RoseroLana Delgadillo

ContributorsWalter EwingAmanda Peterson BeadleMatt HershbergerPatrick TaurelGuillermo CantorJennine EstesRitchie King

[email protected]

Visitwww.ijlef.orgwww.figeroux.comwww.allblackradio.com

Executive DirectorDiandra Archibald

Assistant Executive DirectorLana Delgadillo

Legal AdvisorBrian Figeroux, ESQ

3

TEAM

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

'Gang of 8' Immigration Bill IsPractical, But Far From Ideal

If there are any winners in the immi-gration reforms set out by the biparti-san Senate “Gang of 8” in the 844-

page bill they released recently, it wouldhave to be big business — which will seea significant increase in visas allotted tohigh-skilled workers and a new system oftemporary visas for agricultural workersand low-skilled laborers — and theDepartment of Homeland Security(DHS) — which not only is entrustedwith all aspects of border security butgets a hefty chunk of the bill’s $17 billionprice tag to do it.

The bill satisfies few on the left or theright. Republican Rep. Lamar Smith hasalready slammed the legislation, andhours after the bill was released, anti-immigration activists were alreadyprotesting outside Sen. Marco Rubio’soffice. The conservative Republican andTea Party favorite quickly released astatement saying the legislation willimplement the toughest border securityand immigration law enforcement in U.S.history before “a single” undocumentedimmigrant is able to apply for permanentresidence in the U.S.

And that is one of the concessions ofthe bill that concerns immigration advo-cates. The bill requires DHS to submit(within six months) a “ComprehensiveSouthern Border Security Strategy” toachieve the agreed effectiveness rate (90percent of entries at high-risk border sec-tions are apprehended or turned back).Presumably, the enhanced security meas-ures would include double-layer fencing,use of unmanned drones and deploymentof thousands of new border patrol agents.No undocumented immigrant alreadyresident in the U.S. will be able to file forregistered provisional status until thissecurity strategy is approved.

After that, provided the undocumentedimmigrant has a clean legal record, canpay a $500 fee and the assessed taxes, heor she can register for the provisional sta-tus (which does not permit access to anyof the benefits of permanent residencybut does prevent summary deportation).

Provisional status can be renewed aftersix years, with payment of another fee.After 10 years, those with provisionalstatus should be able to pay a $1,000penalty and apply for permanent residentstatus, which would not be accorded untilall existing family and employment

green cards have cleared the system.All of which means undocumented

immigrants would have close to a 15 yearwait for the possibility of permanent res-ident status. (DREAM-Act eligibleyoung immigrants and agricultural work-ers would have an expedited 5-year waituntil they can apply for permanent resi-dence.)

And that’s in the ideal. If the DHS were unable to complete the

security strategy to Congress’ satisfac-tion within the allotted 180-day period,however, a “Southern Border SecurityCommission” would be appointed (con-sisting of the governors of California,Arizona, New Mexico, and Texas andborder security experts designated by thePresident, the Speaker of the House, theHouse minority leader, the SenateMajority Leader, and the SenateMinority leader) and registry for provi-sional status would start only after thisbody could agree on a security strategyfor the border. Right now that wouldmean Jan Brewer, Rick Perry, SusanaMartinez and Jerry Brown would play ahuge part in whether undocumentedimmigrants ever see the possibility of agreen card.

The Gang of 8’s bill has satisfied nei-ther LGBT advocates (it does not includesame-sex spouses in family visas) norfaith-based advocates (who decry theexclusion of siblings and adult children).But the switch from family-reunificationpriority to skills-based merit visas fits theGang of 8‘s materialistic approach to

reforming immigration. There are bene-fits to extending the length of timeundocumented immigrants stay at provi-sional status — namely, they continue togenerate revenue (rent, food, sales taxand automatic payments into social secu-rity, among others) without any access tosocial security benefits, or government-assisted health care or educational aid.Moreover, the fees, penalties and backtaxes to be levied on the road to a greencard, no less citizenship, would provide arevenue stream of its own.

Low-skill guest workers also generateincome for the municipalities that hostthem, and under this plan (which createsa new bureau to administrate the W-visas) they would conveniently be senthome after a three-year stint.

In many ways, the practical proposalsin the bill are fitted to what we’velearned from Georgia, Alabama andArizona: economies are devastated whenwe institute punitive immigration meas-ures.

But the Gang of 8’s approach is hard tolove. And the message it projects could-n’t be more different than the one we arefond of quoting from the Emma Lazaruspoem on the Statue of Liberty. No hud-dled masses for us, thanks, unless they’retemporary and go home after three years.And breathing free? That’s got to waitanother 15 years.l

Editor's Note: This editorial was pro-duced by the editorial staff of Ponte AlDía.

BY PONTE AL DIA

Page 4: Immigrant's Journal

IMMIGRATION NEWS

H-1B Cap Reached WithinFirst Week, HighlightsNeed for ImmigrationReform

Temporary Protected Status Extended for Hondurans

USCIS Revises EmploymentEligibility Verification Form

WASHINGTON, DC: LauraLichter, President of theAmerican Immigration

Lawyers Association (AILA), comment-ed on today’s announcement from theUnited States Citizenship andImmigration Services (USCIS) that with-in mere days of accepting applications,the cap of 65,000 H-1B petitions and20,000 graduates of U.S. advanceddegree programs have been reached forfiscal year 2014. Because of the highnumber of applications in the first fivedays, a lottery will be held to determinewhich of the applications received with-in those five days will actually be consid-ered while all the others will be rejectedout of hand. This means that U.S.employers who need certain highly-skilled foreign-born workers will have towait until April 2014 to again try toapply, and wait until October 2014 forthem to actually start work.

“Frankly, reaching the cap this soonmeans we’re back in the same situationwe faced several years ago and is a signthat our economy is getting strongersince it means companies are hiring. Weneed our economy stronger so that’sgreat news. But reaching the cap soquickly shows that this limit set onrecruiting foreign talent just isn’t basedon actual labor force demand and thehuman resource needs of U.S. compa-nies,” said Lichter.

“This is yet another sign that our immi-gration system is broken and that fixingit will benefit our economy. We need ourlegislators to take this issue seriously aspart of a reform package that includes aroadmap to lawful permanent status forthe millions of undocumented immi-grants currently living and working in

the U.S., and reforms to the legal immi-gration system in a way that will helpbusinesses to grow, families to reuniteand bring fairness to immigrationenforcement. It’s a positive sign thatreportedly labor and business haveagreed on some immigration issues inadvance of a bill being introduced, but inthe meantime all of the businesses andpotential employees who didn’t make theH-1B cut this year are out of luck,” sheconcluded.

H-1B petitions are filed by U.S.employers seeking to hire a specific for-eign national in a specialty occupationinvolving the theoretical and practicalapplication of a body of specializedknowledge (such as the sciences, medi-cine and health care, education andbiotechnology). The numerical limitationon H-1B petitions for fiscal year 2014 is65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of foreignnationals who have earned a U.S. mas-ter’s degree or higher are exempt fromthe fiscal year cap.l

4

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

WASHINGTON, DC: Secretaryof Homeland Security JanetNapolitano has extended

Temporary Protected Status (TPS) for eli-gible nationals of Honduras for an addi-tional 18 months, beginning July 6, 2013,and ending January 5, 2015.

Current Honduran beneficiaries seekingto extend their TPS status must re-registerduring the 60-day re-registration periodthat runs from April 3, 2013, through June3, 2013. U.S. Citizenship and ImmigrationServices (USCIS) encourages beneficiariesto register as soon as possible once the 60-day re-registration period begins.Applications will not be accepted beforeApril 3, 2013.

The 18-month extension also allows TPSre-registrants to apply for a new employ-ment authorization document (EAD).Eligible Honduran TPS beneficiaries whorequest an EAD and meet the re-registra-tion deadline will receive a new EAD with

an expiration date of January 5, 2015.USCIS recognizes that some re-registrantsmay not receive their new EADs until aftertheir current EADs expire. Therefore,USCIS is automatically extending currentTPS Honduras EADs that have a July 5,2013, expiration date for an additional sixmonths. These existing EADs are nowvalid through January 5, 2014.

To re-register, current TPS beneficiariesmust submit Form I-821, Application forTemporary Protected Status. TPS re-regis-trants must also submit Form I-765,Application for EmploymentAuthorization, but no application fee isrequired if the re-registrant does not wantan EAD. Re-registrants do not need to paythe Form I-821 application fee, but theymust submit the biometric services fee, or afee waiver request, if they are 14 years orolder. All TPS re-registrants applying foran EAD must submit the Form I-765 appli-cation fee, or a fee waiver request.l

The Associated Press (AP) posted ablog saying that they are no longergoing to advise writers to use the

term “illegal immigrant” in the stylebook.The AP stylebook is considered the stan-dard among American journalists, so thechange is likely lead to a marked drop inthe use of the controversial term overtime. On Wednesday, as responses to theAP’s decision were still coming in, theNew York Times blogged that they, too, arereconsidering the use of the term, thoughthe Times’ public editor Margaret Sullivansaid she did not expect them to complete-ly “ban the use of “illegal immigrant,” asthe AP has done.”

The AP’s move brings much-neededaccuracy to an often contentious, rhetori-cal debate.

Interestingly, the AP’s reasoning behinddropping the I-word had nothing to dowith the fact that nearly half of Latinosconsider the label to be offensive, or that itis not a neutral journalistic term, or that itis not (as we have argued) legally accurateor precise. The change, the AP said, waspart of a much larger effort to purge theirstylebook of labels. The AP’s Senior VicePresident and Executive Editor KathleenCarroll, who wrote the statement, com-pared the change to what they’ve recentlybeen doing with labels in mental health:“The new section on mental health issuesargues for using credibly sourced diag-noses instead of labels. Saying someonewas ‘diagnosed with schizophrenia’instead of schizophrenic, for example.”

Carroll argues that the change in usageof the term “illegal immigrant” was done

primarily to remain consistent throughoutthe Stylebook. “’Illegal’ should describeonly an action, such as living in or immi-grating to a country illegally.” The style-book will now read, “Except in directquotations, do not use the terms illegalalien, an illegal, illegals or undocument-ed.” The AP has previously argued that“undocumented,” the most widely pre-ferred alternative, is imprecise, which iswhy it should also not be used.

Margaret Sullivan explained that theTimes, on the other hand, was unlikely toprohibit the use of the word, but wouldlikely attempt to provide more alterna-tives. She said in her blog post that shepersonally no longer favored “illegalimmigrant” because “so many people findit offensive to refer to a person with anadjective like ‘illegal.’”

The move has been widely praised byimmigration advocates who have longargued that the term is dehumanizing tothose it attempts to describe, and that assuch, it is a slur. However, some restric-tionists have decried the move as “politi-cally correct” and as an attempt to influ-ence the upcoming immigration bill.

Whatever the reasoning, having two ofthe most influential journalistic institu-tions in the country back away from theseterms is a major step forward. Languagematters in public policy debates, andchoosing words that criminalize vastswaths of the American population, wholargely have been convicted of no crime,does nothing to help move the issue for-ward. The AP’s move brings much-need-ed accuracy to an often contentious,rhetorical debate.l

The Associated PressStylebook Drops “IllegalImmigrant,” The TimesDebates Following Suit BY MATT HERSHBERGER

WASHINGTON, DC: U.S.Citizenship and ImmigrationServices (USCIS) published a

revised Employment EligibilityVerification Form I-9 for use. All employ-ers are required to complete a Form I-9 foreach employee hired in the United States.

Improvements to Form I-9 include newfields, reformatting to reduce errors, andclearer instructions to both employees andemployers. The Department of HomelandSecurity has published a Notice in theFederal Register informing employers ofthe new Form I-9.

Effective 03/08/13:Employers should begin using the newlyrevised Form I-9 (Rev. 03/08/13)N for allnew hires and reverifications.

Employers may continue to use previous-ly accepted revisions (Rev.02/02/09)N and(Rev. 08/07/09) Y until May 7, 2013.

After May 7, 2013, employers must onlyuse Form I-9 (Rev. 03/08/13)N.

The revision date of the Form I-9 is print-ed on the lower left corner of the form.

Employers should not complete a newForm I-9 for current employees if a proper-ly completed Form I-9 is already on file.

A Spanish version of Form I-9 (Rev.03/08/13)N is available on the USCISwebsite for use in Puerto Rico only.Spanish-speaking employers and employ-ees in the 50 states, Washington, D.C., andother U.S. territories may use the Spanishversion for reference, but must completethe English version of the form.

The revised forms are available inEnglish and Spanish online atwww.uscis.gov. For more information,please call 888-464-4218. Representativesare available Monday through Friday, from8 a.m. to 5 p.m. ET. USCIS maintains awebsite, I-9 Central, to support Form I-9users. USCIS has also scheduled freewebinars to help employers learn about thenew form.

To order forms, call USCIS toll-free at 1-800-870-3676. For downloadable formsand information on USCIS programs,immigration laws, regulations, and pro-cedures, please visit www.uscis.gov.l

Page 5: Immigrant's Journal

LEGISLATIVE NEWS 5

Why Are Some Still UnDACAmented?

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

The latest USCIS DACA numbersfrom March show that the agencyhas received roughly 470,000 appli-

cations, which means that just under half ofthose estimated to be eligible have applied.While the success reflected by the 470,000figure is not to be downplayed, the newnumbers beg the question: What about theother half million? Why are they stillunDACAmented?

It’s time to turn our attention to the ruralareas and getting those young peopleDACAmented.

Hard data isn’t available yet, but theorganizations working tirelessly to helpyoung people apply for DACA believe thata large percentage of eligible immigrantsare living in rural America, which presentsthem with a range of challenges. Estimatesshow that roughly one quarter of allDREAMers live in rural communities andthat upwards of half of them need to enrollin a qualifying adult education program tobecome DACA-eligible. If we hone in onthe migrant farmworker population —which contains about 55,000 DREAMers –over 80% would need to take steps to meetthe education requirement.

Apart from the educational hurdle, thereis a substantial financial one. Migrantfarmworkers generally earn a little over$11,000 a year, making the $465 DACAfiling fee cost-prohibitive. As if theseobstacles weren’t enough, itinerant farm-

workers are particularly hard-pressed whenit comes to producing evidence of continu-ous residence since June 15, 2007 (arequirement of the program) and gainingaccess to legal services.

Anecdotal evidence bolsters these conclu-sions. Recently, the Florida DreamCoalition, working in conjunction with vol-unteer law students from the University ofMiami and Florida InternationalUniversity, organized several DACA work-shops throughout central Florida. Duringthe workshops, immigrants described theobstacles they faced to applying forDACA. Those living in rural communitiesprovided consistent answers: they didn’tknow about the program; they live far away

from legal service providers; they fear thatthe government will try to deport them ifthey apply; they don’t meet the educationrequirement; and, above all, the applicationfee is too high. At the Gainesville DACAclinic, the Harvest of Hope Foundation, anon-profit providing migrant farmworkerswith emergency and education services,pledged funds to cover the filing fees oflocal DACA applicants. Nearly every indi-vidual at the clinic that day needed finan-cial assistance.

Lessons from North Carolina lend cre-dence to the theory that there is anurban/rural divide within the applicantpool. If you compare USCIS figures toestimates produced by the Immigration

Policy Center, it turns out that about 40-50% of the eligible DREAMer populationhas applied for DACA. Except in NorthCarolina. In North Carolina, roughly16,500 out of an estimated 18,000 — 90%— have applied. What explains the dispar-ity? Farmworker organizers report thatNorth Carolina’s farmworker outreach net-work is exceptional. In which case, NorthCarolina may provide the model for effec-tive DACA implementation throughout thecountry.

If indeed, many of the remainingunDACAmented youth are in ruralAmerica, future outreach efforts must betargeted accordingly, placing appropriateemphasis on linking would-be applicantsto qualifying adult education programs. Italso means that the availability and acces-sibility of microloans and scholarships forDACA filing fees will play a make-or-break role for tens of thousands of individ-uals going forward.

Let’s not miss the silver-lining, however.If this hypothesis is correct, then outreachin urban areas has largely been a success.The impassioned, outspoken and socialmedia-savvy DREAMers at organizationslike United We Dream and its affiliates,deserve immense credit for getting theword out about DACA. Half a millionapplications in 8 months is no small feat.Now it’s time to turn our attention to therural areas and getting those young peopleDACAmented.l

BY PATRICK TAUREL

Page 6: Immigrant's Journal

WELCOME TO AMERICA 6

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

Guaranteeing Access to Health Care to ImmigrantWomen: A Necessary and Wise Investment

In the current public debate regardingcomprehensive immigration reform,the focus on immigrant access to

health benefits has been almost exclu-sively limited to cost (which is undeni-ably an important aspect) and has rarelyaddressed the social gains that result frominvesting in a healthy population. For themost part, the health of immigrantwomen has been left out of the discus-sion, which is, in many aspects, problem-atic.

As reported by the Bureau of LaborStatistics, 54.6 percent of foreign-bornwomen were labor force participants in2010. In addition, immigrant womenwho perform their work in the domesticsphere help sustain the current workforce,raise the future workforce, care for theelderly and sick, and play a critical role inhousehold well-being. Women’s contri-butions to the economy are, therefore, notonly immediate, but will be felt in thefuture.

According to the World HealthOrganization, women’s health is anurgent priority demanding greater atten-tion. From a societal perspective, thereare strong indicators that investing inwomen’s health (and, especially, inmaternal-newborn health) not only con-

stitutes a value in itself, but also mayresult in economic growth. This appliesnot only to women in general but toimmigrant women in particular.

In spite of overwhelming evidencepointing to the societal benefits of invest-ing in women’s health, some immigrantwomen are among the most marginalizedgroups and those that are most excludedfrom the health system. A recent studyconducted by a bi-national research teamat the National Population Council ofMexico (CONAPO) and the Universityof California, provides telling insightsabout the health outcomes of Mexicanimmigrant women. According to thestudy, there are currently 5.4 millionMexican women in the United States,

comprising the largest immigrant groupin the country. Because the vast majoritywork in the informal sector, their accessto employer-based health insurance isseverely restricted. In fact, “Mexicanwomen have the lowest levels of healthinsurance coverage of all ethnic groupsin the United States”. They are also lesslikely to benefit from public programs forlow-income families.

Ironically, in spite of their socioeco-nomic status, low levels of health insur-ance coverage, and limited use of healthservices, Mexican women are overall in abetter state of health than might beexpected. This phenomenon, oftenreferred to as the immigrant paradox,specifically refers to the low prevalence

of certain chronic diseases amongMexican women, including cardiovascu-lar diseases, cancer, or hypertension,which is due in part to the younger aver-age age of the group. Generally goodmaternal health outcomes amongMexican women also reinforce the para-dox. However, as every other humanbeing, they are not immune to the risks ofgetting sick or suffering from other healthconditions.

While the specifics of a reform packagethat will eventually legalize undocument-ed immigrants are still being decided,some oppose giving the newly legalizedpopulation access to affordable healthcoverage—in particular, through theAffordable Care Act. However, consider-ing the societal goals of disease preven-tion and the health of the population atlarge, barring legalized immigrants fromaccess to affordable insurance throughhealth exchanges (which the beneficiar-ies themselves would purchase), does notseem to be a wise move. Even from afinancial point of view, as the reportpoints out, bringing a large pool of gener-ally young healthy people into coveragewould be indeed beneficial. It wouldtherefore be foolish and againstAmerica’s best interests to prevent immi-grants from paying a fair share of theirhealth care coverage.l

BY GUILLERMO CANTOR

Page 7: Immigrant's Journal

WELCOME TO AMERICA 7

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How to Manage Money When You'reBetween JobsThough the U.S. economy has been

gradually improving, job changes—both involuntary and voluntary

—remain a fact of American working life."It's also a fact that bills need to be paidwhether you're employed or not," says J.J.Montanaro, a certified financial planner. Tohelp you cover expenses and protect yourfinances as you transition from one job tothe next, Montanaro offers these tips.

1. Decide how to collect your final payIf leaving your job wasn't your idea, youremployer may provide a severance pack-age to ease the financial pain. Amountsvary, but one or two weeks of salary foreach year you've worked at the company istypical. If you're given a choice of a lumpsum or a stream of payments, considerthese factors:nBenefits. If employee benefits (healthcare, life insurance, long-term care) contin-ue as long as you're receiving payments,you may want to take the option that pro-longs them.nYour financial discipline. Afraid youmight squander a lump sum? If your sever-ance payment provides enough cash to jus-tify dividing it up, choosing periodic pay-ments will help keep you in paycheckmode.

2. File for unemployment benefitsIf your employer let you go — provided

you weren't fired for misconduct — you'llprobably qualify for unemployment bene-fits. If you quit, usually you can collectbenefits only if you left for "good cause,"which generally means there was a prob-lem at work or personal situation so diffi-cult that you had no alternative.

If you think you're eligible, don't pro-crastinate. It may take two to three weeksto process your claim, so contact yourstate's unemployment office pronto. Whileeach state's program varies, you can gener-ally count on benefits to last 26 weeks,with federally funded emergency unem-ployment benefits extending up to 73weeks in some states. Benefits are basedon your income and how long you wereemployed.

If you separated from the military underhonorable conditions, you may also be

able to claim unemployment benefitsthrough your state of residency. Check withyour state department of labor to get thelowdown.

3. Reduce your spendingIf your decision to leave was involuntaryand your next employment is an unknown,it's important to preserve your cash whileyou're out of work; this can require a top-to-bottom examination of where yourmoney goes. "This exercise can help keepyou afloat today and be an engine for pay-ing off debt and saving once the paychecksstart again," Montanaro says. Put off big-ticket purchases and reduce discretionaryexpenses as much as possible.

4. Strengthen your emergency fundUse your severance pay, unemployment

benefits and any money you can save tobuild a cash stockpile. Keep enough moneyin a savings account to pay at least three tosix months' expenses. For a higher interestrate on the rest of your cash, build a shortCD ladder or open a variable rate CD. Becareful not to lock away money that you'llneed. If you served in the military andmade tax-free contributions to the ThriftSavings Plan, you may be able to tap intothat money without the taxes and penaltiesassociated with most retirement money.

5. Avoid cleaning your financial slateWhile you may be tempted to use your sev-erance or other assets to pay off your car,credit cards or other debt, you may be bet-ter off making only the required or minimalpayments. This strategy can stretch yourcash and help you meet living expenses incase a new job isn't right around the corner.

6. Review your health insurance optionsAt most companies, federal law allows youto keep your employer-provided healthinsurance for up to 18 months. Prepare fora shock: You will be responsible for theentire premium — what you paid, plus anyamount your employer paid.

7. Protect your retirementIf you have a 401(k) or other employerretirement plan, avoid the temptation tocash it out when you leave. In addition tojeopardizing your security when you retire,you could pay a steep price in the form ofincome taxes and penalties. Instead, rollthe money over to an IRA or leave it in theemployer plan.l(BPT)

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Tel: 718-363-7788

Page 8: Immigrant's Journal

COMPREHENSIVE IMMIGRATION REFORM (CIR) 8

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Summary of the Proposed Senate Bill for CIR

Adjustment of Status to RegisteredProvisional Immigrant Status:Individuals in unlawful status may

apply to adjust their status to the legal statusof Registered Provisional Immigrant (RPI)status.

Eligibility Criteria: nResidence in the United States prior toDecember 31, 2011 and maintenance of con-tinuous physical presence since then. nPaid a $500 penalty fee (except forDREAM Act eligible students), and assessedtaxes, per adult applicant in addition to allapplicable fees required to pay for the cost ofprocessing the application.

Ineligible if: nConvicted of an aggravated felony; nConvicted of a felony; nConvicted of 3 or more misdemeanors; nConvicted of an offense under foreign law; n Unlawfully Voted; and nInadmissible for Criminal, NationalSecurity, Public Health, or other moralitygrounds.

* Spouses and children of people in RPI sta-tus can be petitioned for as derivatives of theprincipal applicant (but must be in theUnited States at the time).

* Immigrants in RPI status can work for anyemployer and travel outside of the UnitedStates * Individuals outside of the United Stateswho were previously here before December

31, 2011 and were deported for non-criminalreasons can apply to re-enter the UnitedStates in RPI status if they are the spouse, ofor parent of a child who is a United Statescitizen or lawful permanent resident; or are achildhood arrival who is eligible for theDREAM Act.

* The Application period will be for 1 yearwith the possibility of extension by theSecretary for an additional 1 year.

* Individuals with removal orders will bepermitted to apply as will aliens currently inremoval proceedings.

*RPI status shall last for a 6-year term thatis renewable if the immigrant does not com-mit any acts that would render the aliendeportable. Another $500 penalty fee isapplicable at this time.

* The Secretary may collect a processingfee from individuals who register for RPI

status in an amount that is sufficient torecover all of the costs of implementing theregistration program.

* An individual who has been granted RPIstatus is not eligible for any Federal means-tested public benefit (as such term isdefined in section 403 of the PersonalResponsibility and Work OpportunityReconciliation Act of 1996 (8 U.S.C.1613)).

* A noncitizen granted registered provision-al immigrant status under this section shallbe considered lawfully present in the UnitedStates for all purposes, while such nonciti-zen remains in such status, except that thenoncitizen: nis not entitled to the premium assistancetax credit authorized under section 36B ofthe Internal Revenue Code of 1986; and nshall be subject to the rules applicable toindividuals not lawfully present that are setforth in section 1402(e) of the PatientProtection and Affordable Care Act (42U.S.C. 18071).

* After 10 years, aliens in RPI status mayadjust to Lawful Permanent Resident Statusthrough the same Merit Based Systemeveryone else must use to earn a green cardif the following things have occurred: nThe alien maintained continuous physicalpresence nThey paid all taxes owed during the peri-

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Gang of Eight Senators. From left to right: Democrats Chuck Schumer (NY), DickDurbin (IL), Bob Menendez (NJ), and Michael Bennet (CO); and Republicans JohnMcCain (AZ), Marco Rubio (FL), Lindsey Graham (SC), and Jeff Flake (AZ)

continued on the next page

Page 9: Immigrant's Journal

COMPREHENSIVE IMMIGRATION REFORM (CIR)

ALL IMMIGRATION MATTERS

LAW OFFICES OF FIGEROUX & ASSOCIATES

CALL 718-834-019026 Court Street, Suite 701

Brooklyn, NY 11242

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lREAL ESTATE

Visit our website at:www.figeroux.com

lGET THE FACTS lBE SMART lMAKE THE RIGHT DECISION lBEWARE OF IMMIGRATION FRAUD

uHealth Care (RN/OT/PT/TSHH/SLP’S

& IT Cases)

uExtension of Status & Visa Renewals

uWork Authorization

uH-IB Professional Workers

uF-1 Students

uJ-1 Exchange Visitor Trainees

uO-1 Extraordinary Ability

uR-1 Religious Workers

uU.S. Citizenship

uFamily-sponsored Permanent Residence

uGreen Cards/Labor Certification (RIR)

uImmigration Visa Petitions:Employment Based

uTemporary Work Visas

uNaturalization Derivative Petitions

uLabor Certifications

uApplication for Asylum

uPetitions for Writ of Habeas Corpus

uAppeals to the Board of Immigration Appeals

uLawsuits involving Eligibility and Processing for

Citizenship

BROOKLYN: 26 Court Street, Suite 701. Tel: 718-834-0190 n 1105 Nostrand Avenue. Tel: 718-363-7788

9

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The lawyer you hire does

make a difference.

Call 718-222-3155

to schedule a consultation today.

od that they are in status as an RPI nThey worked in the United States regular-ly; nAnd demonstrated knowledge of Civicsand English

* All people currently waiting for familyand employment green cards as of the dateof enactment have had their priority datebecome current. nA $1,000 penalty fee is rendered

* People in DREAM Act Status and theAgricultural Program can get their greencards in 5 years and DREAM Act kids willbe eligible for citizenship immediately afterthey get their green cards.

Legal Immigration SummarynThe bill eliminates the backlog for familyand employment-based immigrants

Currently, there are four preference cate-gories based on family relationships and480,000 visas are allocated to families.Under the new system there will be twofamily preference categories and they willcover unmarried adult children; marriedadult children who file before age 31, andunmarried adult children of lawful perma-nent residents. n We are expanding the current V visa toallow individuals with an approved familypetition to live in the U.S. and allow certainother family members to visit the U.S. forup to 60 days per year. nThe bill repeals the availability of immi-grant visas for siblings of U.S. citizens once18 months have elapsed since the date of

enactment. n The bill amends the definition of “imme-diate relative” to include a child or spouseof an alien admitted for lawful permanentresidence. nThe bill amends the existing category formarried sons and daughters of citizens ofthe United States to include only sons anddaughters who are under 31 years of age. nThe bill repeals the Diversity VisaProgram. Aliens who were or are selectedfor diversity immigrant visas for fiscal years2013 or 2014, will be eligible to receivethem. n On the employment green card cate-gories, the bill exempts the following cate-gories from the annual numerical limits onemployment-based immigrants: derivativebeneficiaries of employment-based immi-grants; aliens of extraordinary ability in thesciences, arts, education, business or athlet-ics; outstanding professors and researchers;multinational executives and managers;doctoral degree holders in any field; andcertain physicians.n The bill then allocates 40 percent of theworldwide level of employment-based visasto : 1) members of the professions holdingadvanced degrees or their equivalent whoseservices are sought in the sciences, arts, pro-fessions, or businesses by an employer inthe United States (including certain alienswith foreign medical degrees) and 2) alienswho have earned a master’s degree or high-er in a field of science, technology, engi-neering or mathematics from an accreditedU.S. institution of higher education andhave an offer of employment in a relatedfield and the qualifying degree was earnedin the five years immediately before thepetition was filed.

nThe bill increases the percentage ofemployment visas for skilled workers, pro-fessionals, and other professionals to 40 per-cent, maintains the percentage of employ-ment visas for certain special immigrants to10 percent and maintains visas for thosewho foster employment creation to 10 per-cent. n The bill creates a startup visa for foreignentrepreneurs who seek to emigrate to theUnited States to start-up their own compa-nies.

* Merit Based Visa: The merit-based visa,created in the fifth year after enactment,awards points to individuals based on theireducation, employment, length of residencein the US and other considerations. Thoseindividuals with the most points earn thevisas. Those who access the merit basedpathway to earn their visa are expected to betalented individuals, individuals in ourworker programs and individuals with fami-ly here. 120,000 visas will be available peryear based on merit. The number wouldincrease by 5% per year if demand exceedssupply in any year where unemployment isunder 8.5%. There will be a maximum capof 250,000 visas.

* Under one component of this merit basedsystem the Secretary will allocate merit-based immigrant visas beginning onOctober 1, 2014 for employment-basedvisas that have been pending for three years,family-based petitions that were filed priorto enactment and have been pending for fiveyears, long-term alien workers and othermerit based immigrant workers.

* Long–term alien workers and other merit-

based immigrant workers includes thosewho have been lawfully present in theUnited States for not less than ten years andwho are not admitted as a W visa under sec-tion 101(a)(15)(W) of the Act.

* Between fiscal years 2015 and 2021, theSecretary shall allocate a seventh of the totalnumber of those with employment-basedvisas that have been pending on the date ofenactment. Petitions for spouses and chil-dren of permanent residents who are accord-ed status under the INA are automaticallyconverted to petitions to accord status asimmediate relatives. Between fiscal years2015 and 2021, the Secretary shall follow aspecific formula to allocate visas to thosewith family-based petitions pending on thedate of enactment and subject to somerestrictions visas should be authorized in theorder petitions were filed. In fiscal year2022, the Secretary of State shall allocatevisas to half the number of those that filedfamily-based petitions after the date ofenactment and had not had a visa issued byOctober 2021. In fiscal year 2023, the visasshould be allocated to the other half of thosethat filed family-based petitions after thedate of enactment and who had not had avisa issued by October 2021. Visas allocatedfor these family-based petitions will beissued based on the order in which petitionswere filed. l

continued from the previous page

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COMPREHENSIVE IMMIGRATION REFORM (CIR) 10

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President Obama to New Citizenscontinued from page 1

AILA, IJLEF Commends Senate “Gang of Eight”/continued from page 1

that anyone, anywhere, can write thenext great chapter in this Americanstory."

We are so proud of everybody here. Ineach of you, we see the true spirit ofAmerica. And we see a bit of ourselves,too, because most of our stories traceback to moments just like this one. To anancestor who — just like the men andwomen here today — raised their righthand and recited that sacred oath.

And the point is that unless you are oneof the first Americans, unless you are aNative American, you came from some-place else. That’s why we’ve alwaysdefined ourselves as a nation of immi-grants. And we’ve always been better offfor it. The promise we see in those whocome from all over the world is one ofour greatest strengths. It’s kept our work-force young. It keeps our businesses onthe cutting edge. It’s helped to build thegreatest economic engine that the world

has ever known. "Immigration makes us stronger," the

President said. "And if we want to keepattracting the best and the brightest thatthe world has to offer, then we need to doa better job of welcoming them."

"After avoiding the problem for years,the time has come to fix it once and forall," he said. "The time has come for acomprehensive, sensible immigrationreform"

No other country on Earth welcomes asmany new arrivals as we do, he said."And as long as the promise of Americaendures, as long as we continue to standtall as a beacon of hope and opportuni-ty, then the world’s hardest workers, thehungriest entrepreneurs, the men andwomen who are willing to make enor-mous sacrifices to get a better life -- notjust for themselves but for their childrenand their grandchildren, they're going tokeep on coming." l

that will meet the needs of the U.S. econ-omy, businesses, and families, and inte-grate into our society aspiring Americanswho work hard and want only a betterlife for themselves and their families.

In many ways, the language containedin the 844 page legislation reflects keyissues AILA sees as necessary to any suc-cessful immigration reform, such as bor-der and interior enforcement, legaliza-tion, backlog reduction, asylum, familyunification, and both current and futurebusiness needs.

"Is it perfect? No compromise measureever is. Is it a good bill? Yes, for the mostpart it is, and perhaps it is even a greatbill in some respects. We do see some fur-ther changes that are desirable, and aswe delve more deeply into the details, I'msure we'll find some needed tweaks. Butas a framework for reform, this is closerthan we've come in years to meaningfulchange," said AILA President LauraLichter. She continued, "This bill doesnot shy away from addressing the diffi-cult issues embedded in current immigra-tion policy. It's a good start, and I hopethat by continuing to work across theaisle, the Senate can pass a bill that willmeet our nation's needs and the Housewill follow suit."

The Immigrant’s Journal Legal &Educational Fund, Inc, a 501 (c)(3) non-profit, has been advocating for immi-grants generally, and comprehensiveimmigration reform, in particular, for

over 10 years through it’s radio pro-grams, free publications and immigrationseminars, support and participation inmarches, visits to Washington and week-ly free citizenship drive.

Brian Figeroux, Legal Adviser of theImmigrant’s Journal Legal & EducationalFund, Inc., (Journal) on the announce-ment of the Border Security, EconomicOpportunity, and ImmigrationModernization Act by the Senate’s Gangof Eight said:

“The bipartisan immigration bill pre-sented by the Senate’s Gang of Eightoffers a commonsense approach to fixingour outdated immigration system. TheJournal, volunteers and membership rec-ognizes that not all parties involved willget everything they want from the finaloutcome. This bill, however, shows thatthe members of the Gang of Eight recog-nize that immigration reform is an eco-nomic imperative for our country. We atthe Journal are particularly concernedabout the issues of family reunificationsand waivers for immigrants with criminalrecords. We believe that a focus on fam-ily reunification legislation will lead toless illegal immigration. Today’s intro-duction is a major step in the right direc-tion and shows that the need to pass com-prehensive immigration reform is moreurgent than ever.” l

Visit www.ijlef.org

Photo: White House

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COMPREHENSIVE IMMIGRATION REFORM (CIR) 11

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

Legalization on theHorizon/continued from page 1

Diagrammed by Ritchie King via NationalInstitute for Latino Policy

tional five years to implement more strin-gent measures. And these enforcementmeasures must be substantially completebefore the legalization provisions of the billcan kick in.

Interior Enforcement: In addition to bor-der enforcement, the bill requires U.S. com-panies to implement the “E-Verify” systemwithin five years to ensure that workers arelegal residents. As part of the system, allnon-citizens will have to show their “bio-metric work authorization card” or “biomet-ric green card.” It will also establish dueprocess requirements so that legal workersare not prevented from working due to sys-tem errors or employer negligence or mis-conduct. Additionally, the government willhave to set up an exit/entry system to track ifforeign visitors or workers overstay theirvisas.

Legal Immigration Reform: The legisla-tion commits significant resources to back-log reduction for existing visa categoriesand expands uncapped visas available tospouses and children of permanent legal res-idents as well as spouses and children ofpersons receiving employment-based law-ful permanent resident status. After 18months, the sibling category for family-based immigration would be eliminated andthe adult married children category wouldbe limited to those 30 and under. A newmerit-based program that includes points forfamily relationships, years working in theU.S., and education would begin in 2015.This merit- based program would exist inaddition to family-and-employment-basedcategories. New allocations and exemptionswill be available for high-skilled workers inscience, technology, engineering, or mathe-matics (STEM) fields.

Work Visas: The Senate proposal over-hauls existing temporary worker programsand creates a new W visa that provides anew mechanism for hiring foreign labor.For temporary H-1B visas, the bill nearlydoubles the base number of visas from65,000 to 110,000, and in the future, it couldrise to as high as 180,000, depending ondemand. Employers will have to pay higherwages for H-1B workers, pay additionalfees, and show that they actively recruit U.S.workers for a particular position. Currentundocumented farmworkers will be able toobtain legal status through an AgriculturalCard Program, and starting in 2015, the billcreates a new guest worker “W-visa” for20,000 immigrants in low-skilled jobs. Thenumber of W visas could rise to 75,000 in2019. A new federal bureau will be estab-lished to analyze employment data andmake recommendations for a yearly cap onthe number of guest workers.

Even the early outline provided toreporters appears to have significant gapsand many reports suggest that the bill con-tains additional other provisions that willhave to be analyzed carefully. These tanta-lizing new details, however, suggest that themonths of negotiation have produced a billthat offers solutions to multiple elements ofthe broken system. It is also clear that it isthe beginning of a highly energetic debate.

The broken immigration system that theU.S. has had for the past two decades is indire need of deep and precise reforms.Instead of continuing with the same dys-functional policies, this Senate proposalstrikes a delicate balance between a diversecross section of stakeholders and impactedconstituencies to offer a solution.l

Page 12: Immigrant's Journal

BUSINESS & FINANCE 12

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

Success Begins June 20 at NACCMulticultural Business Expo

Brooklyn, NY: The New AmericanChamber of Commerce (NACC),established in October 2005, is

having its Annual Multicultural BusinessExpo on Thursday, June 20, 2013, at theNew York Marriott at the BrooklynBridge, 333 Adams Street, DowntownBrooklyn. All businesses, chambers,entrepreneurs, budding and current of allages, professionals, non-profit organiza-tions and youth accompanied by theirparents or an adult are invited to this one-day, business-to-business, empoweringand networking event. This Expo is pro-duced in partnership with the African-American Chamber of Commerce(AAICC).

The day starts off at 7:30am with aWelcome VIP Breakfast where attendeescan hear from, meet and mingle with topbusiness experts. Space is limited andtickets cost $50.00.

As a partner with the AAICC andNACC, foreign Chambers of Commerceare invited to join us for the upcomingInternational Chamber PartnershipInitiative &  Business LeadershipCertificate Program with an emphasis on“Doing Business In and With New YorkCity and State”. During this two-day

workshop, at the Brooklyn Marriott andNACC’s headquaters, DowntownBrooklyn, from NACC, AAICC, theSBA and representatives from state andlocal governments will guide youthrough topics that will prepare you fordoing business in New York and alsolocating business partners for interna-tional investments. For more informa-tion, visit www.mynacc.org.

June is Caribbean-American HeritageMonth as well as the Juneteenth com-memoration date – June 19, 1865. ThisExpo is a celebration of multicultural-ism, empowerment and achievement

which all minority communities can bepart of.

During the day, attendees will have theopportunity to network with other busi-nesses and share information about theirproducts and services as well as attendFREE educational seminars and work-shops. These include a small businessboot camp series, a full day with topbusiness authors and more. For registra-tion and more information, please visitwww.mynacc.org.

We are making a special plea to youthto attend. Parents, guardians and family

members, please come with your daugh-ter, son, niece, nephew, granddaughter,grandson, cousin, and neighbor’s kid(s).We need our young people to plant theseed of entrepreneurship in our youngpeople; and to think as employers, notemployees. Too many of our youth areunemployed, graduating from collegewith a degree and no hope for employ-ment or gainful employment. There’sgoing to be a special seminar, I’m Goingto College to Start a Business, Not Get aJob.

The day culminates with a CocktailReception Awards. Tickets cost $50.00and can be purchased atwww.mynacc.org.

Success starts on Thursday, June 20,2013. It’s one day, one location, endlessopportunities. What you will learn issecrets and strategies for success. Youcan and will realize your entrepreneurialdreams, and grow and take your businessto new heights. Don’t miss this opportu-nity. Don’t miss out on this event.Register to attend at www.mynacc.org.It’s FREE. Sponsorship and exhibitingopportunities are still available. Call 718-722-9217 ext 112. Listen to the NACCEmpowerment Hour every Saturday at2pm on www.diasporaradio.com.l

BY MARILYN SILVERMAN

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Page 14: Immigrant's Journal

LOVE & RELATIONSHIPS 14

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Relationship Playbook: Rules to Live By

Relationships are forever evolving,and every relationship is uniqueto itself. Each relationship you

have in your life will be different in someway from any other relationship. Still,there are some basic rules to live bywhen it comes to relationships. Are youlooking for some tenets to follow in yourrelationship? Here is a mini-playbook ofsorts. It doesn’t include everything youneed to know for a healthy relationship,but it’s a good start.

1. Choose a partner with care.Choosing the right partner from the startis a make or break when it comes tobeing happy with your romantic life.Don’t date someone just so you’re notalone, and definitely don’t get married toavoid being lonely! Pay attention tosomeone’s character, not just your infat-uation or first impression. Are yourmorals wildly at odds with each other?Chances are, things will only stay com-plicated.

2. Speak up about your needs. Onemajor predictor of how happy your rela-tionship will be is how willing you are tospeak up when you need something.Chances are you can’t read minds, andneither can your partner, so you need tosay something when your needs aren’t

being met. Whether it’s your sex life,getting enough attention, or how muchtime you spend with extended family —it’s important to have a secure enoughbond that you can be honest with eachother about the stuff that bothers you. Ifyou let things fester, the issue will onlybuild until it’s blow out of proportion.

3. Avoid assumptions. If you’re alwaysassuming the worst about your partner,

feelings will continue to get hurt. Don’tmake assumptions about your other half,especially negative ones. Ask about theintentions behind his or her actionsinstead of assuming the motive was tohurt you. Think twice before you makeaccusations — when in doubt, ask ques-tions before you point fingers.

4. Become a negotiator. In order to havea successful relationship, you need toaccept that you won’t get your way all

the time. But, neither should you con-stantly be the one sacrificing everythingyou want or need. Be prepared to nego-tiate terms that meet in the middle.Negotiations can be about small issues,like what’s for dinner, or major issues,like where you will live.

5. Know about ebbs and flows. Everyrelationship will have good days and baddays, and maybe even good months andbad months. If you expect everything tobe rosy all the time you are setting your-self up for failure. Don’t walk away atthe first sign of trouble — stay and fightfor the relationship.

6. Take care of yourself and your ownself-esteem. If you feel insecure aboutyourself, it will come out in your rela-tionship. You are more likely to becomejealous or project your own issues ontoyour partner. Take care of your health,both physical and emotional, so that youcan be a better partner.l

Jennine Estes is a licensed marriage andfamily counselor living in San Diego,CA. She has appeared in both local andnational media and specializes in allareas of relationships; singlehood, dat-ing issues, conflicting couples, affairs,communication struggles, etc. Visit herwebsite at www.estestherapy.com

BY JENNINE ESTES

GREEN CARD SLAVERY?Don’t put up with ABUSE anymore! We can get a Green

Card for you and your children PLUS a divorce. Call 718-222-3155 now for a FREE consultation!

ENOUGH IS ENOUGH!

Page 15: Immigrant's Journal

SPOUSAL PETITIONS 15

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BROOKLYN: 26 Court Street, Suite 701. Tel: 718-834-0190 n 1105 Nostrand Avenue. Tel: 718-363-7788

LAW OFFICES OF FIGEROUX & ASSOCIATES

uContested &

Uncontested Divorces

uSeparation & Prenuptial

Agreements

uBusiness & Degree

Evaluations

uSpousal Maintenance

uCustody/Visitation

uPaternity

uBank & Asset Searches

uWire Transfers

uAlimony Reduction

uCo-habitation

Investigation

uDivorce/Dating/Fraud

uInternet Dating/Fraud

uVideo Surveillance

uRelocation

uChild Support

uAbuse/Neglect

uRestraining &

Protective Orders

uModification of Previous

Orders & Awards

Family Law PracticeSummarized

MatrimonialInvestigations

The lawyer you hire does make a difference!Has your spouse disappeared?

We can find your spouse!

nDIVORCE nSEPARATION nSUPPORT nCUSTODY

NEW YORK IS NOW A NO-FAULT DIVORCE STATE

Remove Conditions on Permanent ResidenceBased on Marriage

Your permanent residence status isconditional if it is based on amarriage that was less than 2

years old on the day you were given per-manent residence. You are given condi-tional resident status on the day you arelawfully admitted to the United States onan immigrant visa or adjustment of yourstatus to permanent residence.

Your status is conditional, because youmust prove that you did not get marriedto evade the immigration laws of theUnited States. To remove these condi-tions you must file Form I-751, Petitionto Remove Conditions on Residence.

Eligibility CriteriaGenerally, you may apply to removeyour conditions on permanent residenceif:nYou are still married to the same U.S.citizen or permanent resident after 2years (your children may be included inyour application if they received theirconditional resident status at the sametime that you did or within 90 days)

nYou are a child and cannot be includedin the application of your parents for avalid reason

nYou are a widow or widower of a mar-riage that was entered into in good faith

nYou entered into a marriage in goodfaith, but the marriage was endedthrough divorce or annulment

nYou entered into a marriage in goodfaith, but either you or your child werebattered or subjected to extreme hardshipby your U.S. citizen or permanent resi-dent spouse

nThe termination of your conditionalresident status would cause extremehardship to you

How to Apply to Remove theConditionsYou and your spouse must apply togeth-er to remove the conditions on your resi-dence by filing Form I-751. You shouldapply during the 90 days before your sec-ond anniversary as a conditional resident.The expiration date on your green card isalso the date of your second anniversaryas a conditional resident. If you do notapply to remove the conditions in time,you could lose your conditional residentstatus and be removed from the country.

If You Are No Longer Married to YourSpouse or if You Have Been Batteredor Abused by Your SpouseIf you are no longer married to yourspouse, or if you have been battered orabused by your spouse, you can apply towaive the joint filing requirement. Insuch cases, you may apply to remove theconditions on your permanent residenceany time after you become a conditional

resident, but before you are removedfrom the country.

Your Child’s Conditional Green CardIf your child received conditional resi-dent status within 90 days of when youdid, then your child may be included inyour application to remove the condi-tions on permanent residence. Your childmust file a separate I-751 application ifyour child received conditional residentstatus more than 90 days after you did.

If You Are Late In Applying toRemove the Conditions on ResidenceIf you fail to properly file Form I-751within the 90-day period before yoursecond anniversary as a conditional resi-dent:

nYour conditional resident status willautomatically be terminated and we willbegin removal proceedings against you

nYou will receive a notice from ustelling you that you have failed toremove the conditions

nYou will receive a Notice to Appear ata hearing. At the hearing you mayreview and rebut the evidence againstyou. You are responsible for proving thatyou complied with the requirements (we

are not responsible for proving that youdid not comply with the requirements)

The Form I-751 can be filed after the 90-day period if you can prove in writing tothe director of the appropriate ServiceCenter that there was good cause for fail-ing to file the petition on time. The direc-tor has the discretion to approve the peti-tion and restore your permanent residentstatus.

How to Get a Waiver of theRequirement to File a Joint PetitionIf you are unable to apply with yourspouse to remove the conditions on yourresidence, you may request a waiver ofthe joint filing requirement. You mayrequest consideration of more than onewaiver provision at a time.

nYou may request a waiver of the jointpetitioning requirements if:

nYour deportation or removal wouldresult in extreme hardship

nYou entered into your marriage in goodfaith, and not to evade immigration laws,but the marriage ended by annulment ordivorce, and you were not at fault in fail-ing to file a timely petition

You entered into your marriage in goodfaith, and not to evade immigration laws,but during the marriage you or your childwere battered by, or subjected to extremecruelty committed by your U.S. citizenor permanent resident spouse, and youwere not at fault in failing to file a jointpetition l

Source: uscis.gov

Disclaimer: This article is for informa-tional purposes only. You should not usethis to replace the advice of an attorney.Please consult with an immigrationattorney for legal advice based on yourcircumstances.

Editor’s Note:In our next issue we will look at:Removing Conditions on PermanentResidence Based on Marriage if you arein divorce proceedings but are not yetdivorced, work permit, interview andhow to appeal.

The lawyer you hire doesmake a difference. Call 718-222-3155

to schedule a consultation today.

Page 16: Immigrant's Journal

KNOW YOUR RIGHTS 16

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STOP because while there is a lot of excitement around immigration reform, the truth is that no new law has been passed.

Do not believe notarios and other unauthorized consultants who say there is a new law in order to steal your money.

WAIT until real reform is enacted, hopefully later this year. The wrong help can harm your chances of becoming a lawful resident or citizen.

TALK to a qualified immigration attorney, ASK questions, and REPORT notarios who are trying to take advantage of you or your family.

For more information go to www.stopnotariofraud.org.

AMERICAN IMMIGRATION LAWYERS ASSOCIATION

NotarioFraud.org

Beware the promises of Notarios! Immigration Reform Hasn’t Happened Yet.

Immigration Services FraudOur diversity as New Yorkers has

been a longstanding source ofpride. The Manhattan District

Attorney’s Office’s Immigrant AffairsProgram is committed to bringing indi-viduals who victimize diverse communi-ties to justice, including those who targetand steal from immigrants through avariety of fraudulent schemes. A fewrecent cases include:nIn September, a phony lawyer, JoseBarrera, was indicted for defraudingthree women seeking divorces by plac-ing ads in local publications, including aSpanish-language newspaper.

nIn August, Jose Delvalle, a formergarage attendant, was indicted fordefrauding two of his immigrant co-workers. Delvalle promised to help themobtain green cards, falsely claiming thathe had a contact who worked for immi-gration authorities who was capable ofhelping them.

nThat same month, Francisco GautrauxCalcano pleaded guilty to Grand Larcenyand Scheme to Defraud for stealingfunds that were given to him for thetransportation of donated utility vehiclesto charitable organizations in theDominican Republic.

nIn June, Hit Shrestha pleaded guilty fordefrauding Nepalese nationals of thou-

sands of dollars by falsely promising hervictims that she would arrange for theirfamily members to immigrate to theUnited States, and charging her victimslarge fees for the service.

nAlso in June, Jennifer Lam was sen-tenced to nine months in jail after plead-ing guilty to falsely representing herselfas an attorney capable of filing greencard applications. She was ordered toreturn the full amount she stole from aChinese national.

Our Immigrant Affairs Program pro-vides a safety net for a communitywhose members may fear cooperatingwith law enforcement because of theirimmigration status. We operate a hotline(212-335-3600) that fields complaintsfrom members of the public who believethey may have fallen victim to a crime.The majority of the complaints receivedby the District Attorney’s Office pertainto individuals who represent themselvesas attorneys, immigration consultants, orwho provide legal advice when they arenot licensed or authorized to do so. Sinceits formation in 2007, the ImmigrantAffairs Program has handled more than2,500 complaints. Victims who call theDistrict Attorney’s Office can do soregardless of their immigration status,as it is the practice of the ManhattanDistrict Attorney’s Office to protect the

integrity of victims and not report theirimmigration status to the federal govern-ment.

The Manhattan DA’s Immigrant AffairsProgram routinely gives presentations tocommunity groups and organizations onhow to detect, prevent, and report fraud.In July, the Office hosted representativesfrom the Coalition of Latin AmericanConsuls in New York (CLACNY), anorganization comprised of the consuls of17 Latin American countries. In August,the DA’s Office issued a warning toimmigrant communities to be on guardagainst scam artists looking to takeadvantage of individuals who arerequesting consideration under the feder-al government’s “Deferred Action forChildhood Arrivals” policy.

Under the federal government’s newpolicy, certain individuals who enteredthe United States as children can nowapply to remain in and work in the coun-try without fear of removal for at leasttwo years. For more information aboutthe program, visit the U.S. Citizenshipand Immigration Services’ website orNew York City’s website.

Individuals submitting a DeferredAction application can protect them-selves from scam artists with the help ofthe following tips:nLawyers or those otherwise accreditedby the Bureau of Immigration Appeals(BIA) are the only people authorized toprovide legal advice and qualified to

handle immigrationmatters.

nObtain the full name,address and telephonenumbers of the personhired. In cases of fraud,having the person’s fullname and contact infor-mation will make it eas-ier to locate the accusedand to investigateclaims of fraud.

nAsk the followingquestions: What areyour credentials? Inwhat state are youlicensed? Since when?How many years ofexperience do you havein the field?

nConfirm that the per-son is licensed or BIA-accredited.

To confirm whether anindividual is a licensedattorney, contact the

New York State Unified Court System’sAttorney Registration Unit at 212-428-2800, or go to the following website:http://iapps.courts.state.ny.us/attorney/AttorneySearch

For the BIA’s list of recognized organ-izations and accredited representatives,go to: www.usdoj.gov/eoir. Select“EOIR Legal Orientation and Pro BonoProgram,” and then select “Recognition& Accreditation.”Make sure that all information on theapplication is true and correct.

nDo not sign blank documents or paper-work that have not been explained toyou.

nObtain a written contract detailing thefees and services to be provided.

nMake sure to get a written receipt forany funds paid. If possible, use moneyorders, which are a more secure way topay for services.

People and businesses who are NOTauthorized to provide legal advice aboutimmigration include:nImmigration ConsultantsnTravel agenciesnNotary publicsnTax preparation businessesl

Source: manhattanda.com

The lawyer you hire does make a difference. Call 718-222-3155

to schedule a consultation today.

Manhattan DA,Hon. CyrusVance, Jr

Brian Figeroux, Esq., Member AILA

Page 17: Immigrant's Journal

CIVIL RIGHTS 17

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Linda Brown/continued from page 1

treated like that when they were older.This was a time when black people of allages were treated like they were a lowerclass or segregated. They were unable toeat in the same restaurants, drink fromthe same drinking fountains, or even ridein the same train cars as white people.

Taking the Case to the Supreme CourtAfter losing the case in the state courts,the NAACP decided to take the case allthe way to the United States SupremeCourt. They appealed to the SupremeCourt on October 1, 1951. At that timethere were several cases in the UnitedStates similar to this one, cases that chal-lenged separate schools for black andwhite students. They were started in thestates of South Carolina, Virginia, andDelaware. They were all joined togetherto be fought as one. The Supreme Courtfirst heard from the lawyers onDecember 9, 1952. The lawyers for theBoard of Education argued that manypeople, including black scholars, did notsee a problem with having black studentsattend all-black schools. The lawyers forthe Browns argued that the only reasonfor separate education for Blacks andWhites would be if there was proof thatblack children were different than every-one else. The arguments lasted for threedays and the Supreme Court justicestalked it over for several months. At thattime instead of ruling, they asked thelawyers on both sides some more ques-tions. In the middle of this set of ques-tions, one of the Supreme Court justices

These parents filed suit against theTopeka Board of Education for their chil-dren. Oliver Brown was the first parentlisted in the lawsuit, so the case wasnamed after him. At the time of the law-suit, Blacks everywhere were not treatedfairly. For every $150.00 spent on whitechildren at the "white schools" only$50.00 was spent on African Americanchildren at the "black schools." The par-ents of the African American childrenthought that their school was not treatedas fairly because they were colored. Theydid not have the most current textbooks,not enough school supplies, and over-crowded classrooms.

After Oliver was turned down by theschool, he went to the NAACP (NationalAssociation for the Advancement ofColored People) to fight to get Linda inthe school. The NAACP hired lawyers tofight for African American children allaround the United States to be able to goto the same schools as white children.This case was lost at the state level. Thestate courts referred to the case of Plessyv. Ferguson which allowed separate butequal school systems for black and whitechildren. Since no court had ever over-turned this case, the state courts thoughtthere was no problem treating the blackchildren that way. The state courts alsostated that by treating the AfricanAmerican students like that now, theywould better accept when they were

died and had to be replaced. A year afterthe first arguments were heard, theSupreme Court heard the case onceagain.

After three long years, the case finallyended on May 17, 1954 with the courtfinding in favor of Linda Brown and theother African American children like her.The Supreme Court said that it was notfair to have black and white students sep-arated in different schools. The judgesvoted on this case nine to zero. It tooksome states many years to put studentstogether in schools and have them treat-ed the same because many people werestill prejudiced against Blacks.

Brown v. Board Timeline1950 The parents of black students try toenroll them in the local "white schools."

1951 The suit is started by Oliver Brownand other parents.

1952 The Supreme Court first heard fromthe lawyers.

1952 One justice died and had to bereplaced.

1954 The case ends in favor of LindaBrown and the other Blacks near her. l

Source: www.thinkquest.com

Washington, D.C.: TheLeadership Conference onCivil and Human Rights wel-

comes the Senate “Gang of Eight’s”major step forward in the effort to tackleone of our nation’s most difficult andpressing issues. While immigration poli-cy is incredibly complex, and we willcontinue analyzing the bill in the days tocome, we are very glad to see the processis moving again.

Among other things, we are encour-aged that the bill would eventually putundocumented immigrants on the road tocitizenship, addresses the use of racialprofiling, and promotes alternatives tocruel and expensive detention policies.Other aspects of the bill, however, aremore troubling. We know that any majorlegislative effort involves a lot of com-promise, and we will work withCongress in the coming months to makesure it strikes the right balance.

It has been six years since Congresslast brought up comprehensive legisla-tion. Our nation’s immigrants and oureconomy have waited long enough.l

Civil and HumanRights CoalitionWelcomesImmigration Bill,Urges Congress to“Strike the RightBalance”

Page 18: Immigrant's Journal

IMMIGRANT CONCERNS 18

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Some recent immigrants face diffi-culty adjusting to their new homein the United States for a host of

reasons, including coping with traumaexperienced in their native country, over-coming cultural and language barriers,and encountering discrimination. Theeffects of immigration on psychologicaland social well-being are especially pro-found for certain populations, includingchildren, women, individuals with dis-abilities, and those with limited financialresources. Despite the critical need formental health services, immigrants facesignificant obstacles to receiving qualitymental health care.

FindingsMany immigrants experienced traumaticcircumstances in their native country,including extreme poverty, human traf-ficking, exposure to war, and natural dis-asters. For instance, the U.S. Departmentof State's 2003 Trafficking in PersonsReport revealed that the practice ofhuman trafficking exposed women andchildren to rape, torture, HIV/AIDS andother sexually transmitted and infectiousdiseases.

Many immigrants have difficultyacculturating to their new environmentsin the U.S., which is exacerbated byexperiences with prejudice and discrimi-nation. Acculturation, the processthrough which immigrants adapt to the

culture and institutional systems of theirnew country, transcends all aspects oftheir lives (e.g., school, work, and com-munity life).

To support their families, immigrantsare often forced to take jobs in manuallabor, even though they may have thetraining and education for professionaljobs. Thus, many immigrants cannot sus-tain their former economic and social sta-tus, which can lead to psychological dis-tress.

Learning and academic success can bechallenging for children and adolescentswhen the curriculum and teaching meth-ods of the U.S. differ from those in theirnative country. Also, many immigrantyouth whose parents are migrant farmlaborers often leave school to join theirparents in the workforce, causing fre-quent disruption in their education andpotential emotional and behavioral prob-lems.

Immigrants may feel torn about whereto draw the line between fitting intoAmerican society and into their own eth-nic community, and preserving theiroriginal way of life. Children and adoles-cents often acculturate more quickly thantheir parents, which can lead to signifi-cant family conflicts and lack of familycohesion. Feelings of isolation oftenemerge with family conflict and thestruggle to develop a tight social net-work.

Exposure to traumatic conditions, cou-pled with difficulties in acculturation,can lead to severe and long-lasting psy-chological and behavioral problems,including depression, anxiety, posttrau-matic stress disorder, and a high risk forsuicide.

Access to quality culturally and linguis-tically appropriate mental health servicesis critical for immigrant populations.

The U.S. Department of Health andHuman Services asserts the need todevelop multiple health and mentalhealth treatment approaches addressingthe needs of diverse, multicultural andmultilingual populations.

Immigrants have less access to, andlower utilization of, mental health servic-es. Immigrants face many barriers toreceiving care, including financial diffi-culties, the lack of culturally—and lin-guistically—appropriate services, andmistrust of mental health providers. Therate of uninsurance for foreign-born chil-dren under the age of 18 is 36.8 percent,more than triple the rates for U.S. citizenchildren.

Medicaid and State Children's HealthInsurance Program (SCHIP) play animportant role in providing health insur-ance coverage for low-income immi-grants. However, federal legislationrestricts many immigrants, particularlyrecent immigrants, from qualifying forcritically important services. Immigrants,

including pregnant women and children,arriving after August 22, 1996, arerestricted from federally-funded healthcare coverage for their first five years inthe U.S.

RecommendationsThe American Psychological Associationstrongly recommends:nComprehensive, coordinated, and con-tinuous health and mental health servicesfor immigrant populations.nDevelopment of culturally and linguis-tically competent programs and servicesfor immigrants.nEnactment of the Immigrant Children'sHealth Improvement Act, which would:Allow states to lift the five-year ban forchildren and pregnant women whoarrived in the U.S. after August 22, 1996;Give states the option of providinghealth coverage to eligible, lawfullypresent, pregnant women underMedicaid and children under eitherMedicaid or the SCHIP.nCultural competence training for serv-ice providers and efforts to increase themembers of ethnic minority mentalhealth professionals and those fluent indiverse language.l

Source: American PsychologicalAssociation. Visit www.apa.org

The Mental Health Needs of Immigrants

Page 19: Immigrant's Journal

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Federal Judge Rules in Favor of ImmigrantMarriage Equality: DOMA Unconstitutional asApplied to Immigrants!

IMMIGRANT CONCERNS 19

Los Angeles, CA: On Friday April19, 2013, Federal Judge ConsueloMarshall in Los Angeles ruled that

United States Immigration andCitizenship Services denied JaneDeLeon, an immigrant in a same sexmarriage with a U.S. citizen, equal pro-tection of the law when it refused to rec-ognize her marriage as a lawful and legit-imate basis to confer immigration bene-fits. “This Court finds that the broad dis-tinction created by DOMA § 3 is notrationally related to Congress’ interest ina uniform federal definition of mar-riage.” The court decided that “State lawtraditionally governs marriage recogni-tion,” and DOMA had disrupted the“long-standing practice of the federalgovernment deferring to each state’sdecisions as to the requirements for avalid marriage.”

In so ruling, the court also ruled that aprecedent case issued by the U.S. Courtof Appeals in the Ninth Circuit in 1982,Adams v. Howerton, which held thatdenying immigration benefits to same-sex couples did not violate equal protec-tion, has been superseded by "interven-ing statutory and policy changes," and istherefore no longer binding precedent.

The court certified the lawsuit as anationwide class action on behalf of "allmembers of lawful same-sex marriageswho have been denied or will be deniedlawful [immigration] status or relatedbenefits" pursuant to § 3 of the Defenseof Marriage Act.

Ms. DeLeon had also applied for a pre-liminary injunction requiring CIS toissue class members interim work per-mits. Judge Marshall, however, declinedto issue a preliminary injunction at thistime, finding that the possibility of classmembers' having deportation deferredpursuant to DHS's "Morton Memo"might protect the class adequately until afinal judgment is issued in the case.

We continue to believe the MortonMemo affords class members inadequateprotection because it does not grant peo-ple work permits and because it does not

stop the clock running on the accrual of"unauthorized presence" triggering 3-and 10-year bars to immigrants' obtaininglawful admission to the United States.

We plan to request summary judgment(final judgment) now that Judge Marshallhas made clear that DOMA § 3 is uncon-stitutional as applied to deny immigrationbenefits. We hope this brings aboutprompt and efficient protections andremedies for immigrants in same sexmarriages.

However, we remain concerned thatimmigrant members of same-sex mar-riages will suffer needlessly in the inter-im. Accordingly, if it comes to our atten-tion that U.S. citizens and immigrants insame sex marriages are now facing need-less hardship because their applicationsand petitions for immigration benefits arenot being approved, we are prepared to

ask the court again to issue a prelimi-nary injunction, and we believe thateffort would stand a reasonable chanceof securing interim work permits andstopping the clock on unauthorized pres-ence towards the 3- and 10-year bars toadmission for immigrant members ofsame-sex marriages.

In order to assist class members, wewould like to receive information on thefollowing:nCases in which CIS, ICE or anImmigration Court denied an immigra-tion application or petition based onDOMA, particularly after October 2012,when, defendants told the court, theystopped issuing denials of same-sexcouples immigration applications.

nCases in which U.S. citizens or immi-grants in same sex marriages with immi-gration petitions or applications pendingare facing clear hardships (lack of workpermit, inability to travel, Governmentrefusal to suspend deportation proceed-ings, etc.).l

Source: Center for Human Rights andConstitutional Law

Page 20: Immigrant's Journal

HEALTH MATTERS

A Mother's Heartfelt Account of Managing High Blood Pressure

20

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High blood pressure (HBP) is aserious condition that can lead tocoronary heart disease, heart fail-

ure, stroke, kidney failure and other healthproblems.

"Blood pressure" is the force of bloodpushing against the walls of the arteries asthe heart pumps blood. If this pressurerises and stays high over time, it can dam-age the body in many ways.

OverviewAbout 1 in 3 adults in the United Stateshas HBP. The condition itself usually hasno signs or symptoms. You can have it foryears without knowing it. During thistime, though, HBP can damage your heart,blood vessels, kidneys, and other parts ofyour body.

Knowing your blood pressure numbersis important, even when you're feelingfine. If your blood pressure is normal, youcan work with your health care team tokeep it that way. If your blood pressure istoo high, treatment may help prevent dam-age to your body's organs.

Blood Pressure NumbersBlood pressure is measured as systolic(sis-TOL-ik) and diastolic (di-ah-STOL-ik) pressures. "Systolic" refers to bloodpressure when the heart beats whilepumping blood. "Diastolic" refers toblood pressure when the heart is at rest

between beats.You most often will see blood pressure

numbers written with the systolic numberabove or before the diastolic number,such as 120/80 mmHg. (The mmHg ismillimeters of mercury—the units used tomeasure blood pressure.)

Blood pressure doesn't stay the same allthe time. It lowers as you sleep and riseswhen you wake up. Blood pressure alsorises when you're excited, nervous, oractive. If your numbers stay above normalmost of the time, you're at risk for healthproblems. The risk grows as blood pres-sure numbers rise. "Prehypertension"means you may end up with HBP, unlessyou take steps to prevent it.

If you're being treated for HBP and haverepeat readings in the normal range, yourblood pressure is under control. However,you still have the condition. You shouldsee your doctor and follow your treatmentplan to keep your blood pressure undercontrol.

A Mother’s Heartfelt AccountWhen Latoya, a writer, administrativeaccounting assistant, wife and mother ofsix, was diagnosed with hypertension, shewas surprised. “I thought high blood pres-sure is something only the elderly get,”reflects Latoya. “I didn’t know hyperten-sion may lead to heart attack and stroke."

Importance of Managing High BloodPressureLatoya is just one of the roughly 67 mil-lion U.S. adults with hypertension, or highblood pressure. High blood pressure —which typically has no symptoms — is achronic medical condition in which bloodpressure is elevated to levels of 140/90mm Hg or greater.

“Blood pressure drops of even modestamounts may reduce the risk of heartattack and stroke,” says Dr. AnaStankovic, MD, FACP, FASN, a boardcertified nephrologist, clinical hyperten-sion specialist and fellow of the AmericanSociety of Nephrology who practicesmedicine in southern New Hampshire.

The good news is that high blood pres-sure can be managed. Lifestyle changes aspart of a treatment plan may help reducehigh blood pressure. Doctors generally

recommend the following to help controlblood pressure:•Eat a diet rich in fruits, vegetables andlowfat dairy products•Reduce salt intake•Engage in regular physical activity•Maintain a healthy body weight•Limit alcohol intake•Avoid tobacco•Take medication as prescribed

The Physician and PatientRelationshipSince she was diagnosed, Latoya’s bloodpressure remained high. Her physicianemphasized the importance of managingher blood pressure, and together theyworked to reach her goal. He suggestedshe make several lifestyle changes,including adjusting her diet, exercisingregularly and taking medication.

Finding a Plan that Works for YouWhile everyone responds differently totreatment and individual results may vary,after one month on medication, Latoya’sblood pressure had dropped. Since then,she has been managing her hypertensionwith the medication prescribed by herdoctor. She continues to monitor her dietand stress level and exercises regularly.

"If you have hypertension, you need tohave an open mind about working withyour doctor to find the right treatmentplan for you,” Latoya says. “I followedmy doctor’s advice. Changing my diet,exercising regularly and taking my med-ication are working for me.”l(BPT)

Page 21: Immigrant's Journal

HEALTH MATTERS 21

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Suppress the Sneeze: Tips to Help Prep Your Home for Allergy SeasonThe season of sneezing has made its

annual return and that can onlymean one thing for homeowners:

preventative cleaning measures.Especially true for allergy and asthmasufferers, there is no better time to get ahead start on prepping your home againstunwanted allergens than the early weeksof spring.

According to the Asthma and AllergyFoundation of America (AAFA), nearly40 million individuals suffer from treepollen allergies in the United Statesalone, the first phase of which occurs inthe month of March. As pollen-potenttrees begin their blossom, it becomesincreasingly more challenging for home-owners to maintain a breathe-easy house-hold atmosphere.

But, in fact, it might get easier.According to a recent study conductedby Airmid Healthgroup, professionaldeep cleaning has been proven to beeffective in removing up to 97 percent ofsurface allergens.

Helping to eliminate allergen hot spotsand triggers is made easier when follow-ing these tips:

Ongoing TLC Dirt and dust can quickly add up if the

proper steps aren't taken. To get the job

done, vacuum heavy traffic areas two tothree times a week and all other carpetsat least once a week.

Keep the outdoor elements where theybelong Keep windows closed and place your airconditioner on recirculate on high-aller-gy days or while doing yard work. Theseactivities may churn up dirt, dust andpollen into the air which can, in turn, endup in the home.

Have a roadmap for cleaning There is a method to the madness of

cleaning. Beware of feather dusters thatsimply push dust off surfaces into the air.Instead, try moist cloths or specialdusters made to capture dust. Also, con-

sider cleaning in this order: begin withair ducts, followed by upholstery anddrapes, and finishing with floors.

Welcome an allergy-free season with awelcome mat A doormat at the entrance to a house is aproven way to reduce the amount of dirtthat enters the home. However, thecleaning can't stop there. Homeownersshould vacuum under indoor welcomemats and area rugs periodically to helpremove any loose dirt that might betrapped.

Go with a deeper clean for spring People should maintain their homes, as

they maintain their teeth — brushingevery day and visiting the dentist at leasttwice a year. The same regular care goesfor carpets. However, for those sufferingfrom asthma and allergies, AirmidHealthgroup recommends regular vacu-uming along with a professional deepcleaning every three to four months.

Let's face it, cleaning is probably the lastthing on your mind when those dreadfulallergy symptoms start to creep up.However, prepping your home againstallergy season can be as welcome as abreath of fresh air. l

The Heart Truth®—a national heartdisease awareness campaign forwomen—is sponsored by the

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Page 22: Immigrant's Journal

CITIZENSHIP

The Pathway to Citizenship and ImmigrantIntegration: What Can We Learn

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VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

As the 113th Congress engages ina historic debate on immigrationreform, past attempts to overhaul

immigration laws provide cautiousreminders of the struggles and opportuni-ties ahead in closing a deal on immigra-tion policy. While the United States’ ownhistory is critical for understanding boththe shortcomings and solutions of vari-ous policy arrangements, the experienceof other receiving countries in dealingwith immigration and immigrant integra-tion also constitute an invaluable sourceof guiding lessons. By learning whateffective policy solutions have been for-mulated in other countries to addressissues such as the regularization of theirundocumented population, the integra-tion of newcomers, and the reception ofasylees, to mention just a few – theUnited States can better and more strate-gically craft immigration policy andanticipate the impact of those policychanges.

This idea inspired the study “Pavingthe Way for Integration: The Pathways toCitizenship in France and the UnitedStates”, which was recently released. Thestudy is part of the Migrant IntegrationPolicy Index (MIPEX), a reference guideto assess, compare and improve integra-

tion policy in 31 countries in Europe andNorth America. Using over 100 policyindicators, MIPEX offers a multi-dimen-sional picture of the opportunities avail-able to migrants to participant in societybased on an assessment of governments’integration policies.

The results presented in the compara-tive report provide some interestinginput for policy inspiration. In fact,France and the United States both have alot to learn from each other’s immigra-tion and integration policies. Among itsconclusions, the report underscores thatany legalization program should includea path to citizenship.

“Becoming citizens changes not onlyhow immigrants participate in society,but also how society sees them.Naturalized immigrants obtain access toequal protection, voting and politicalrights, and the full labor market. InWestern European countries as in theUnited States, immigrants who have nat-uralized tend to be better off in life thanimmigrants who have not. The emergingevidence from both sides of the Atlanticusually finds them to be more oftenemployed and participating in votingand other types of political activities,working in better jobs, living in betterhousing, and enjoying a better financialsituation.”

Based on experience from both coun-tries, the report also recommends thattime-limited legalization programs besupplemented with ongoing legalizationmechanisms that are also needed as safe-ty valves to correct unexpected situations(e.g., the infeasibility of deportation dueto the immigrant’s personal situation orthe situation in her country of origin, orthe existence of strong ties—includingfamily—that link individuals without sta-tus to the host country). Unlike theUnited States, where policymakers haveclosed off most of the ongoing legaliza-tion mechanisms that act as safety valvesfor the legal immigration system, Francehas developed a balanced legalizationpolicy including time-limited programsand ongoing mechanisms on work, fami-ly, and humanitarian grounds over thepast two decades. These may be political-

ly sound instruments to emulate on thisside of the Atlantic.

In order for a legalization program tobe effective, moreover, the studystressed the need for countries to clearlyspecify the steps that lead to legalizationor regularization of status and ensurethat information is widely disseminatedamong immigrants. Evidentiary require-ments should not be overly burdensomeand, where discretion is exercised, itshould not be used to empower officersto deny applicants who meet the statuto-ry requirements. In the absence of theseconditions, policies that instead create along and winding road to long-term res-idence and citizenship may actuallydeprive a country of effective means toimprove integration.l

BY GUILLERMO CANTOR

PLUS learn about Preventing Identity Theft

Page 23: Immigrant's Journal

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Page 24: Immigrant's Journal