The Immigrant’s Journal - Vol. 117

The Immigrant’s Journal Vol. 117

Our leaders who stood for Unity & Justice

FREE

Protecting God’s Children From Distant Lands

www.ijlef.org

April 30, 2020

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

What You Need to Know About Trump’s Latest Ban on Immigration

Trump Doesn't Care if We Die

BY MICHAEL BLAKE

BY AARON REICHLIN-MELNICK

A

t a time when our country is united in the fight against the coronavirus, President Trump is seeking to divide us by turning to a familiar target—immigrants.

The president first threatened a full ban on immigration via a tweet Monday night. On Wednesday, he issued a somewhat narrower ban aimed at those seeking to permanently immigrate to the United States.

And while the ban is narrower than initially anticipated, it is enormously consequential. It could represent a turning point in the battle to fundamentally alter our immigration system and redefine

Michael Blake

D who can be an American.

The new immigration ban is the third ban on legal immigrants that Trump has signed. He signed the first travel ban— also known as the Muslim Ban—on his sixth day in office. Courts have blocked the first two versions of that ban. The

third attempt was upheld by the Supreme Court. That travel ban remains in place and was expanded in January 2020.

In October 2019, Trump attempted to ban all legal immigrants who did not have one of a narrow range of unsubsicontinued on page 2

When to Replace Your Green Card... page 5

Supreme Court Makes It Harder for Green Card Holders to Get Relief From Deportation

BY KRISTIN MACLEOD-BALL

I

n a 5-4 decision on April 23, the U.S. Supreme Court expanded the types of criminal offenses that bar green card holders from seeking a form of relief from deportation.

The case, Barton v. Barr, is about who is eligible to apply for a form of relief from deportation called cancellation of removal. Cancellation allows certain long-time residents to ask an immigration judge to allow them to stay in the United States.

People who do not meet the eligibility

requirements are not allowed to even ask an immigration judge to cancel their deportation. One eligibility requirement is that an immigrant must have lived in the United States continuously for either

seven or 10 years, depending on whether they are a permanent resident with a green card.

But committing certain criminal offenses cut off a person’s ability to have their deportation canceled.

Essentially, certain types of crimes stop the seven and 10-year clocks. The person can no longer accumulate the time needed in the United States to meet the seven- and 10-year requirements.

In Barton, the Supreme Court broadly interpreted what types of offenses trigger this “stop-time” rule. continued on page 6

$20 Million Fund for All Immigrant Workers and Their Families

N

EW YORK: Mayor de Blasio recently announced a partnership with Open Society Foundations to establish the New York City COVID19 Immigrant Emergency Relief program, reaffirming the City’s commitment to ensure all New Yorkers, regardless of immigration status, are included in citywide COVID-19 response and relief efforts. This $20 million donation marks

an essential step to provide emergency monetary relief to immigrant workers and their families, who have largely been excluded from federal COVID-19 relief programs.

“Immigrants are the heart of this City – they are our friends, neighbors and colleagues,” said Mayor Bill de Blasio.

“This crisis has shown it is now more continued on page 4

Mayor Bill de Blasio Editorial credit: Evan El-Amin / Shutterstock.com

onald Trump does not give a damn if we die. Period. Plain and Simple. If that sounds too aggressive, take his words not my own.

Trump is suggesting that people use Lysol and take a malaria drug because he has invested into the parent company.

What the hell is he talking about with these reckless actions?

In times of crisis, people want to be able to turn to their leaders, and look to them for comfort and advice. We are getting neither. Instead, we have a President who is giving advice that can actually kill us.

Trump said, “I see the disinfectant that knocks it out in a minute, one minute.”

“And is there a way we can do something like that by injection inside, or almost a cleaning? Because you see it gets inside the lungs and it does a tremendous number on the lungs, so it would be interesting to check that.”

The makers of disinfectants, like Lysol, actually had to come out and tell America the danger of Trump's reckless words.

This moment isn’t the first time that Individual One has offered his “medical” advice to Americans. Earlier, he suggested that people can take hydroxychloroquine, a medicine frequently used to treat other critical illnesses. A man died from taking this advice.

Making it worse, hospitals aren’t receiving the support or supplies they desperately need to help our sick friends and neighbors. Instead, Trump is encouraging protests, and, the opening of businesses too soon, which will just increase the number of COVID-19 cases and will prolong this crisis.

We need real leaders, during these challenging times and beyond. We need leaders who are ready on Day One to serve and have an understanding of what people are really going through on the ground.

I BELIEVE in us, and I BELIEVE that I can be the leader that is missing from our lives right now.

Don’t just take my word for it. Watch my actions. Trust my words so again...Use Lysol to clean your home, not to clean your lungs!l

Michael Blake is running for the 15th Congressional District in the Bronx.

IMMIGRATION CONCERNS

2

Immigration Ban/from page 1 dized health insurance plans. That ban is currently blocked in court.

Who Is Targeted by Trump’s Latest Immigration Ban? The new ban on immigration is Trump’s most sweeping attack on the legal immigration system yet.

As of 11:59PM on April 23, 2020, the ban blocks the issuance of all new immigrant (permanent) visas to people outside the United States, with some exceptions.

Specifically, the ban covers: •Parents of U.S. citizens.

•Adult children of U.S. citizens.

•Spouses and children (regardless of age) of lawful permanent residents.

•The diversity visa program •All employment-based immigrant visas, except EB-5 investor visas.

•All other immigrant visas, unless specifically exempted.

Who Is Exempted from the Immigration Ban? The ban does not apply to nonimmigrant (temporary) visas, such as students and H-1B high-skilled workers. It exempts any immigrant abroad who already has an immigrant visa or travel document in hand when it goes into effect. It also makes limited exceptions for: •Spouses and minor children of U.S. citizens, as well as active duty troops and their families.

•People seeking EB-5 “investor” visas.

•Iraqi and Afghan translators who helped the U.S. military, as well as their families.

•Any person obtaining an employmentbased immigrant visa as a doctor, nurse, health care worker, medical researcher, or other job that the Department of Homeland Security determines is essential to combating the coronavirus.

Spouse and children of these people are also exempted.

•Anyone whose entry as an immigrant is determined to be in the “national interest” or that “furthers important law enforcement objectives.”

The ban also does not affect anyone seeking to gain a green card from inside the United States through “adjustment of status,” which does not require obtaining a visa from outside the country.

Refugees, asylum seekers, and those currently holding lawful permanent resident status aren’t affected by the ban, but their ability to petition for family members

abroad could be impacted.

How Long Does the Immigration Ban Last?

The ban will supposedly last just 60 days. However, by the 50th day, the secretary of state is required to recommend to the president whether to extend the ban again.

If the supposed “90-day” Muslim Ban provides any history, this new ban will almost certainly get extended through the end of Trump’s first term in office. If the economy continues to struggle, the president will have an excuse to continue to block new immigrants.

In addition, the ban also requires the secretary of homeland security and the secretary of labor to review all nonimmigrant visa programs within 30 days.

This suggests that another ban may be in the works.

What Is the Long-term Effect of This Immigration Ban? Routine visa services at consulates

abroad are already suspended due to the coronavirus, so this ban does not change much in the short-term. However, the effect will likely be significant if the ban continues once those consulates reopen.

According to an analysis of the ban, all legal immigration would be cut by 33%.

While U.S.-citizen spouses are not affected, nearly two thirds of parents of U.S. citizens would get blocked. 93% of other family-based immigrants would as well. However, because a vast majority of those who obtain green cards through employment categories do so from inside the United States, employment-based immigration is largely unaffected.

Why Is the New Immigration Ban the Wrong Approach?

The president is using the economic downturn associated with the coronavirus to justify and normalize fundamental changes to our immigration system. It’s no surprise that the new restrictions look suspiciously like the cuts the president has been seeking in Congress for years.

Despite the president’s claims, immigrants have long been shown to help the American economy, not hurt it. This ban will keep families separated, adding more stress to Americans, not less.

Rather than distract and divide the United States by taking aim at immigrants, the president should be focused on responding to the coronavirus pandemic.l

Creditors’ Harassments!

Lawsuits! Foreclosures!

Get the legal help you need NOW! Call 718-222-3155!

FREE BANKRUPTCY CONSULTATION Documents Required: Save Your: *Home *Business *Car

*Health *Peace of Mind/Health *Marriage/Relationship

*List of debts *Your most recent tax returns *Correspondence from creditors *Lawsuit documents *Social Security and ID *List of assets

Filing a Chapter 7, 11 or 13 bankruptcy may be your only choice!!!

The Law Offices of Figeroux & Associates, 26 Court Street, Suite 701, Brooklyn, NY. Visit www.311bankruptcy.com VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

TIME FOR ACTION

3

ICYMI: “Immigration Advocates Seek Protections for TPS Recipients. Many Work on Front Lines of Pandemic.”

Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Assistant Editor Marilyn Silverman Graphic & Website Designers Praim Samsoondar Anvar Sabirov

VIA AMERICA’S VOICE

I

n a new article for the Miami Herald, reporter Jacqueline Charles covers the experiences of Temporary Protected Status (TPS) holders working on the frontlines of the unprecedented Coronavirus pandemic while also fighting to stay with their families here in the U.S. The Trump administration is continuing their attempt to terminate hundreds of thousands of TPS holders’ immigration status and separate more families, despite their heroic efforts to keep American communities safe.

Charles’ reporting is excerpted below: As thousands of Central American and Haitian immigrants with temporary status in the United States continue to face the threat of deportation amid the coronavirus pandemic, immigration advocates are pressing the Trump administration to automatically extend work authorizations and to support legislation giving them a pathway to citizenship.

There are over 300,000 people currently benefiting from Temporary Protected Status, or TPS, advocates say. Of that number, over 11,000 are working in healthcare, fighting on the front lines of the COVID-19 pandemic, said advocates, quoting a recent study by the Center for American Progress.

“TPS holders shouldn’t have to worry about being kicked out of their homes, especially while they are caring for our communities and putting their lives on the line,” said Pili Tobar, deputy director for America’s Voice, an immigration advocacy group.

Tobar and immigration experts with the Florida Immigrant Coalition and the Family Action Network Movement called on Republican senators Monday to support and pass the American Dream and Promise Act. … “We need a real pathway to citizenship for all TPS beneficiaries,” said Paula Muñoz, campaign manager for Florida Immigrant Coalition. “We need the Senate and Congress to take leadership and search for a permanent solution such

TEAM Publisher I.Q. INC.

Email immjournal@aol.com

Visit www.ijlef.org www.falaw.us www.cawnyc.com www.workersworldtoday.com

Ronyde Christina Ponthieux, 10, cries with her father Rony Ponthieux by her side, as she speaks to the media about the Trump administration’s decision to end TPS for thousands of Haitians, Nov. 21, 2017. CHARLES TRAINOR JR. ctrainor@miamiherald.com as the Promise Act…. Anything less would continue to throw TPS recipients in a cycle of waiting for expiration dates.”

While their work permits were renewed due to federal lawsuits opposing the Trump administration’s decision to terminate TPS status for six countries, including Haiti, El Salvador, Honduras and Nicaragua, beneficiaries of the program still live a life of uncertainty. In the case of Haitians, for example, their documents will expire on January 2, which Miami advocate Marleine Bastien said is right around the corner.

TPS families, she and others say, deserve better, especially considering that thousands are working in essential jobs during the crisis.

Among them is Rony Ponthieux, who has been in the U.S. for 21 years. A nurse since 2006, Ponthieux currently works at Jackson Memorial Hospital in a specialized unit for patients with COVID-19, the respiratory disease caused by the coronavirus.

“I put my life in danger. I put my life on the line to save American lives. All of my family is at risk because of me,” he said.

Ponthieux said the administration and members of Congress should think about fair treatment for TPS recipients by making their status permanent. “It’s not time to play games,” he said.

“We are in a war and the enemy is the virus and the soldiers are not the U.S. Army. They are the healthcare providers, and I can tell you that many, many TPS recipients are on the front lines,” said Ponthieux. “They are the soldiers fighting this virus… and I am one of them.” … “It is too hard for them to be thinking about saving lives and taking care of their families and in addition to that, to have to think about this looming date of early next year where they will probably have to pack their bags,” she said. “How do you ask people to pack 30, 40 years of their lives in suitcases and bags?”

And while she supports any “piece of legislation that will provide relief,” Bastien gave a strong push for the Promise Act, which she said has yet to receive the support of the administration as well as most Senate Republicans, including Florida Senators Rick Scott and Marco Rubio, whom she believes can “take leadership” on the matter.l

Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year.

The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal recognize the enormous contribution of immigrants to this country economically, socially and politically. Since September 11, 2001, however, immigrants have increasingly been discriminated against and Congress has passed legislation curtailing the rights of immigrants here in the U.S., broadly claiming that immigrants are a threat to ''National Security.'' We at the Journal believe that these charges are unfounded, unsubstantiated and exaggerated.

The Immigrant's Journal Volunteer Intern Program was introduced to give our volunteers the opportunity to work in an immigrant friendly environment while developing the necessary skills for college or law school. They assist our staff in resolving immigration and other legal concerns through personal interviews, radio, email and telephone contact. They also assist the public with citizenship applications and in researching whether or not children of naturalized U.S. citizens have derived citizenship from their parents. Some of our volunteers assist our legal staff by engaging in legal research and writing letters on other legal issues. Volunteer interns are also assigned various other jobs in our Youth Programs.

Hours are flexible. Email your cover letter and resume or any questions to immjournal@aol.com Tel: 718-243-9431 Fax: 718-222-3153

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

IMMIGRATION MATTERS

4

Fund for Immigrants/from page 2 important than ever for New Yorkers to look out for each other. I want to thank the Open Society Foundations for partnering with us to ensure that all New Yorkers, regardless of their documentation status, can get the support they need.”

“COVID-19 does not discriminate, but for immigrants, often working on the frontline of this crisis, it is a hardship multiplier for them and their families. We must make sure that everyone in our city, regardless of immigration status, has access to the support they need," said First Lady Chirlane McCray. “Immigrant New Yorkers are our neighbors, loved ones, and community members. We value and depend on them, and we want them to know that their City will not leave them behind.”

"New York City is the epicenter of the COVID-19, with more cases and casualties than most whole countries. This crisis has laid bare just how much we depend on low-wage workers who stock our grocery shelves, harvest and deliver our food, staff society's essential services. These essential workers are also the people with the least access to services and benefits, many of them beyond the reach of the government's stimulus package. The Open Society Foundations is proud to support NYC and its partner organizations, including National Domestic Workers Alliance, to provide

direct relief to these workers, who are literally holding up our society right now, and hope that policymakers going forward will address the structural inequalities they live with every day," said Patrick Gaspard, President of the Open Society Foundations.

The NYC Mayor’s Office of Immigrant Affairs and the Mayor’s Fund to Advance New York City will create a citywide network of community based organizations that will provide direct, one-time emergency relief payments to immigrant families – including undocumented workers – who play a vital role in the City’s workforce and economy.

This initial funding will reach up to 20,000 undocumented workers and their families affected by COVID-19 related job loss and facing financial distress. The citywide network of community based

GREEN CARD SLAVERY?

Don’t put up with ABUSE anymore! Whether married or not, whether your spouse is a U.S. citizen or Green Card Holder, 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!

organizations and worker centers will disseminate one-time emergency relief payments to eligible New Yorkers in the following amounts: •$400/individual •$800 for couple or single parent with children •$1,000 for family with multiple adults and children •And/or where identified increased additional supports.

This network of community partners will also connect and assist individuals with information or enrollment for other forms of relief and resources such as unemployment, SNAP, cash assistance, or emergency food delivery programs they may be eligible for on a case by case basis and more.

New York City is home to 3.1 million immigrants who comprise about 37 percent of the City’s population and 44 percent of its workforce– including approximately 360,000 undocumented workers and 48,000 undocumented business owners. In 2019, foreign-born New Yorkers, including the undocumented population, contributed about $232 billion to the City’s GDP. Among the one million essential workers who are on the frontlines of the COVID-19 pandemic— delivery workers, EMS staff, drivers, health care personnel, and more—half are immigrants.

Undocumented workers and their families—approximately 738,000 New Yorkers, including 218,000 children— remain particularly vulnerable at this time. Over a third of NYC’s undocumented workforce are low income, are ineligible for most safety net assistance, and have been left behind by federal stimulus packages because of their documentation status.

The Open Society Foundations will also provide a $15 million donation to the Fund for Public Schools’ (The Fund) NYC Schools COVID-19 Response Effort to support New York City Department of Education's (DOE) school communities during this challenging time. This is the largest gift The Fund and DOE have received to date in response to COVID-19 and will support emergency childcare and the remote learning of young and school-age children of essential workers on the frontlines, ranging from medical and emergency personnel to transit workers.

"This Administration has always worked to ensure equity and inclusion is at the forefront of everything we do, and

why we will not stand idly by as our immigrant communities continue to be cut out of federal support despite being disproportionally impacted by this pandemic," said J. Phillip Thompson, Deputy Mayor of Strategic Policy Initiatives. "Our partnership with Open Society will do what the federal government has failed to do—acknowledge and support the immigrant New Yorkers who are the backbone of our City."

“Immigrant communities, including undocumented families, have been gravely and disproportionally impacted

by COVID-19, but left out of federal stimulus relief. There can be no serious effort to address this moment and this tremendous gap in equity without connecting our fellow New Yorkers to the care and resources they need, regardless of their immigration status,” said Bitta Mostofi, Commissioner of the Mayor’s Office of Immigrant Affairs. “We are grateful to the Open Society Foundations for this partnership—a critical part of our efforts to support and empower immigrant families who need it most. We hope to build on the Immigrant Emergency Relief Fund Program in New York City and we urge our state and federal counterparts to follow suit and ensure that some of the country’s most essential, and most vulnerable, communities are protected.”

“Throughout this crisis, we’ve spared no effort to ensure our students and families feel safe and supported by their schools and by their city, and we’re so grateful for this generous gift. With the support of the Open Society Foundations and the Fund for Public Schools, we can continue to enhance remote learning efforts for 1.1 million children and provide emergency childcare for essential workers—services New Yorkers need in the difficult months to come,” said Schools Chancellor Richard A. Carranza.

“As the impacts of COVID-19 ripple throughout our city, it is our duty as a community to ensure that no one gets left behind, especially our immigrant neighbors who are an integral piece of the fabric of New York City," said Toya Williford, Executive Director of the Mayor's Fund to Advance New York City. "When philanthropy comes together with local government and community-based organizations, our ability to help the most vulnerable among us is unparalleled. We are deeply grateful for OSF's commitment to New York City's immigrant communities.”

“Our ability to recover and heal as a community from the impacts of COVID19 relies on the strength of our partnerships," said Gabrielle Fialkoff, Senior Advisor to the Mayor for COVID Relief.

“I want to thank the Open Society Foundation for working with us to prioritize the most vulnerable New Yorkers-the members of our immigrant communities—so they have the support they need to provide for themselves and their families. And this work could not be accomplished without the support of New York City’s non-profit community and I want to thank them for putting themselves on the front-line of this crisis.”l

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

5

HOW TO GET A GREEN CARD

When to Replace Your Green Card

A

Green Card identifies its holder as a U.S. permanent resident, with rights to enter, exit, work, and live in the United States for their entire life—and to eventually apply for naturalized U.S. citizenship. Once you become a lawful permanent resident (Green Card holder), you maintain permanent resident status until you: •Apply for and complete the naturalization process; or •Lose or abandon your status.

There are circumstances under which you may need to get your Green Card replaced. According to the U.S. Citizenship and Immigration (USCIS) if you are a lawful permanent resident, you must replace your Green Card if: •Your Green Card is either expired or will expire within the next six months; •Your previous card was lost, stolen, mutilated, or destroyed; •You received your card before you were 14 and you have reached your 14th birthday (unless your card expires before your 16th birthday); •You have been a commuter and are now taking up actual residence in the United States; •You have been a permanent resident residing in the United States and are now taking up commuter status; •Your status has been automatically converted to permanent resident status (this

includes special agricultural worker applicants who are converting to permanent resident status); •You have a previous version of the alien registration card (for example, USCIS Form AR-3, Form AR-103 or Form I151, which are no longer valid to prove your immigration status) and must replace it with a current Green Card; •Your card contains incorrect information; •You have legally changed your name or other biographic information on the card since you last received your card; or •You never received the previous card we issued to you.

Conditional Permanent Residents If you are a conditional permanent resident, you must replace your Green Card if: •Your previous card was lost, stolen, mutilated, or destroyed; •Your card contains incorrect information; •You have legally changed your name or other biographic information on the card since you last received your card; or •You never received the previous card we issued to you.

How to Replace Your Green Card If you are a lawful permanent resident or conditional permanent resident and need

to replace your Green Card based on the reasons above, you may begin the application process for a replacement Green Card by filing Form I-90, Application to Replace Permanent Resident Card, online or by mail.

If you are outside the U.S. when your card expires and you did not apply for a replacement Green Card before departing, or if you have lost your Green Card, contact the nearest U.S. Consulate, USCIS office, or port of entry before filing Form I-90.

If you are outside the United States and your Green Card will expire within six months (but you will return within one year of your departure from the United States and before the card expires), you should file Form I-90 as soon as you return to the United States.

If you are a conditional permanent resident and your Green Card is expiring, you must submit Form I-751, Petition to Remove the Conditions on Residence, to apply to remove the conditions on your permanent resident status.

Because immigration law is so complex, we recommend you consult with an immigration attorney, preferably a member of the American Immigration Lawyers Association (AILA) for assistance. l

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

TAX MATTERS

6

IRS Special Alert for VA, SSI Recipients

W

ASHINGTON: On April 24, the Internal Revenue Service (IRS) issued a special alert for Supplemental Security Income and Department of Veterans Affairs beneficiaries to act by May 5 if they didn’t file a tax return in 2018 or 2019 and have dependents so they can quickly receive the full amount of their Economic Impact Payment.

Their $1,200 payments will be issued soon and, in order to add the $500 per eligible child amount to these payments, the IRS needs the dependent information before the payments are issued.

Otherwise, their payment at this time will be $1,200 and, by law, the additional $500 per eligible child amount will be paid in association with a return filing for tax year 2020.

“We want to ‘Plus $500’ these groups so they can get their maximum Economic Impact Payment of $1,200 and their $500 for each eligible child as quickly as possible,” said IRS Commissioner Chuck Rettig. “They’ll get $1,200 automatically, but they need to act quickly and use the Non-Filers tool on IRS.gov to get the extra $500 per child added to their payment. Everyone

should share this information widely and help others with the Plus $500 Push, so that more Americans get more money as fast as possible.”

Following extensive work by the IRS and partner government agencies, $1,200 automatic payments will be starting soon for those receiving Social Security retirement, survivor or disability benefits (SSDI), Railroad Retirement benefits, Supplemental Security Income (SSI) and VA Compensation and Pension (C&P) beneficiaries who didn’t file a tax return in the last two years. No action is needed

by these groups; they will automatically receive their $1,200 payment.

For VA and SSI recipients who have a qualifying child and didn’t file a 2018 or 2019 tax return, they have a limited window to register to have $500 per eligible child added automatically to their soonto-be-received $1,200 Economic Impact Payment. A quick trip to a special NonFilers tool on IRS.gov by May 5 for these groups may help put all of their eligible Economic Income Payment into a single payment. The Non-Filers tool is available in English and Spanish. l

Deportation/from page 1 The Court was considering the case of Andre Martello Barton, a man who had legally lived in the United States since he was 10 years old. He has four U.S. citizen children and has not returned to Jamaica, his country of origin, in 25 years.

The immigration judge in his case had found that, if he had been permitted to apply for cancellation, Barton would have received it.

However, the Supreme Court upheld a decision finding that he was barred from applying for cancellation due to a criminal conviction. It did so even though that criminal conviction could not have been the basis for a removal order to begin with.

The Supreme Court’s decision was split. The four liberal justices dissented.

They pointed out that, in order to deny Barton and others like him any opportunity to seek this form of relief from deportation, the majority of the Court had to ignore language in the statute that creates the eligibility rules for cancellation.

This decision comes at a time when immigration agencies have already been making it more difficult to obtain relief from removal and legal immigration status. This is the wrong approach.

Continuing to make it harder for those with deep ties to the United States to stay here will only make life more difficult for them, their families, and communities. l

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

7

CORONAVIRUS

FTC Sends COVID-related Warnings to MLM Companies The FTC sent the letters to the companies listed below. The recipients are grouped based on the type of claims made.

BY SEENA GRESSIN , ATTORNEY, DIV. OF CONSUMER & BUSINESS EDUCATION, FTC

A

business opportunity that promises you can work from home, earn lots of money, and enjoy a lavish lifestyle? Sounds tempting, particularly now, when so many people are out of work because of the Coronavirus pandemic. But letters the Federal Trade Commission (FTC) sent to ten multilevel marketing (MLM) companies are a reminder to research an MLM business before investing your money and your time.

The FTC’s letters tell the companies to immediately stop their distributors from telling people that they’re likely to get rich by investing in the business. They also demand the companies immediately stop all claims that their products can treat or prevent COVID-19, as there’s no evidence or scientific testing supporting claims that those products can help prevent or treat the disease.

According to the FTC, the MLMs’ distributors posted their unsupported ads on social media sites. Some took direct aim at the economic stimulus payments and urged people to use the money to invest

Both Health and Earnings Claims: doTERRA International, LLC Pruvit Ventures, Inc. Total Life Changes, LLC Tranont Modere, Inc. Arbonne International, LLC

in their MLMs. The messages included: “Need to make extra money? Find it difficult to pay your bills? Were you laid off/ #fired? Be your own Boss w/doTERRA essential oils. Msg me to achieve financial independence #laidoff #unemployed #cantpaymybills #cantpaymyrent #student #sales #sidehustle #makemoney #stayathomemom.” “…Living in quarantine and where 14 million people applied for unemployment just last week … I’ll stick with the opportunity to change people’s lives … turn a small investment into six figures …. #arbonne … #quarantine #2020” “[E]veryone’s getting stimulus checks

right now… There is no better investment you could do… Take that money that you’re about to get back… figure out a way to make this happen tonight.”

If you’re thinking about joining an MLM company, get the details. Start by searching online for the name of the company and words like review, scam, or complaint. Be skeptical of portrayals of lavish lifestyles made possible by participating in the program. Most people who join legitimate MLMs make little or no money. And, if promoters emphasize recruiting as the real way to make money, head for the exit.l

Earnings Claims: IDLife, LLC It Works Marketing, Inc. (this company was also itself warned to stop making earnings claims) Rodan & Fields, LLC Health Claims: Zurvita, Inc. The letters refer the companies to the agency’s guidance for MLMs, remind them that they are responsible for the claims made by their members and representatives, and advise the recipients that they and their members must immediately cease making all claims that would be false or misleading.

NEW YORKERS:

STAY HOME TO STOP THE SPREAD OF CORONAVIRUS New Yorkers working together and staying home can slow the spread of coronavirus (COVID-19) in New York City. When you go out for essential needs, work or to get fresh air, keep distance between yourself and others and take the following precautions.

PROTECT YOURSELF AND OTHERS • Keep at least 6 feet between yourself and others.

• Wash your hands with soap and water often.

• Cover your nose and mouth with a tissue or sleeve when sneezing or coughing.

• Do not touch your face with unwashed hands.

• Monitor your health more closely than usual for cold or flu symptoms.

IF YOU ARE SICK • Stay home.

• If you have a cough, shortness of breath, fever, sore throat and do not feel better after 3-4 days, consult with your doctor.

• If you need help getting medical care, call 311.

• NYC will provide care regardless of immigration status or ability to pay.

PROTECT THE MOST VULNERABLE • Stay home if you have lung disease, heart disease, diabetes, cancer or a weakened immune system.

• Stay home and call, video chat or text with family or friends who have one of these conditions.

REDUCE OVERCROWDING • Stay home.

• Telecommute if possible.

If you do go out: • Stagger work hours away from peak travel times.

• Walk or bike.

• Do not gather in crowds.

Text COVID to 692-692 for real-time updates or visit nyc.gov/coronavirus.

Call 311 to report harassment or discrimination. Call 888-NYC-WELL, text "WELL" to 65173 or chat online at nyc.gov/nycwell to connect with a counselor. *Messages and data rates may apply. Check your wireless provider plan for details.

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

Bill de Blasio Mayor Oxiris Barbot, MD Commissioner

LEGISLATIVE NEWS

8

DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply

W

ASHINGTON: The Department of Homeland Security, with the support of the U.S. Department of Agriculture (USDA), has announced a temporary final rule to change certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency.

These temporary flexibilities will not weaken or eliminate protections for U.S. workers.

Under this temporary final rule, an H2A petitioner with a valid temporary labor certification who is concerned that workers will be unable to enter the country due to travel restrictions can start employing certain foreign workers who are currently in H-2A status in the United States immediately after United States Citizenship and Immigration Services (USCIS) receives the H-2A petition, but no earlier than the start date of employment listed on the petition. To take advantage of this time-limited change in regulatory requirements, the H-2A worker seeking to change employers must already be in the United States and in

valid H-2A status.

Additionally, USCIS is temporarily amending its regulations to protect the country’s food supply chain by allowing H-2A workers to stay beyond the threeyear maximum allowable period of stay in the United States. These temporary changes will encourage and facilitate the continued lawful employment of foreign temporary and seasonal agricultural workers during the COVID-19 national emergency. Agricultural employers should utilize this streamlined process if they are concerned with their ability to bring in the temporary workers who were previously authorized to work for the employer in H-2A classification. At no point is it acceptable for employers to hire illegal aliens.

“This Administration has determined that continued agricultural employment, currently threatened by the COVID-19 pandemic, is vital to maintaining and securing the country’s critical food supply chain. The temporary changes announced by USCIS provide the needed stability during this unprecedented crisis,” said Acting Secretary of Homeland Security Chad F. Wolf.

“USDA welcomes these additional flexibilities provided by the Department of Homeland Security today,” said Secretary of Agriculture Sonny Perdue.

“Providing flexibility for H-2A employers to utilize H-2A workers that are currently in the United States is critically important as we continue to see travel and border restrictions as a result of

COVID-19. USDA continues to work with the Department of Homeland Security, the Department of Labor and the Department of State to minimize disruption and make sure farmers have access to these critical workers necessary to maintain the integrity in our food supply.”

The temporary final rule is effective immediately upon publication in the Federal Register. If the new petition is approved, the H-2A worker will be able to stay in the United States for a period of time not to exceed the validity period of the Temporary Labor Certification. DHS will issue a new temporary final rule in the Federal Register to amend the termination date of these new procedures in the event DHS determines that circumstances demonstrate a continued need for the temporary changes to the H-2A regulations.

The H-2A nonimmigrant classification applies to alien workers seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States, usually lasting no longer than one year, for which able, willing, and qualified U.S. workers are not available. l

NY WORKERS’ COMPENSATION Are you working? Have you been injured on the job?

Was it a serious injury as defined under NY Workers’ Compensation Law? If yes, then call Figeroux & Associates for a FREE Consultation at 718-222-3155.

Why Should I Hire A Lawyer?

In addition to being eligible for workers' compensation, you may also have a claim against a party other than your employer. That is why it is so important to seek assistance from our experienced team.

Workers who know their rights and speak to a lawyer put themselves in a better position to obtain a recovery.

Find Out What Our Firm Can Do For You The Law Firm of Figeroux & Associates. Call us at 718-222-3155.

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

9

FAMILY MATTERS

Is It Time to Talk With Your Spouse About a Separation?

VIA 311DIVORCE.COM

I

f you and your partner have been struggling to get along, facing impossible obstacles, or simply fighting constantly, you might be thinking about separating from them. The choice to separate can be either temporary or permanent but is often viewed as a way for you to enjoy some time apart from one another and re-evaluate how your relationship will function moving forward. Before you talk with your spouse about separating, however, it’s important to consider how this choice will impact your life. Here’s what you need to think about.

Will this be permanent?

For some couples, the choice to separate is a temporary one. If you simply need a break from your partner but aren’t interested in divorce or permanent separation, make sure you focus on this when you bring up the topic. Let them know that you do not want a permanent separation, but rather, that you need some time to yourself. A temporary separation can be a positive way to decide whether you want to continue living alone or whether your relationship is worth salvaging.

Sometimes having some time apart can give you the clarity you’ve been searching for and can help you make important decisions about your future.

Is counseling an option?

Before you rush off to rent your own apartment, consider whether you and your partner should attend therapy or counseling together. Sometimes communicating in a more effective way can be beneficial. A therapist can help you

accomplish this. If you and your partner constantly struggle to demonstrate your opinions and express your ideas in a healthy way, counseling could give you the skills you need to move forward and could prevent you from separating.

Additionally, if you have children, family therapy can be quite beneficial after periods of stress.

How will your children be impacted?

When there are children involved, it’s

important to consider how the separation will affect them. Whether your kids are five years old or seventeen, they will experience changes when you and your partner separate from one another. You’ll need to decide who your children will live with, how you’ll handle custody arrangements, and whether they’ll continue attending the same school. For some kids, dealing with separation can be emotionally stressful, so you’ll need to be ready to handle that. Open communication is very important for any family but is especially vital when you’re thinking about separating. Your kids will need to be reassured that you and your partner still love them.

No matter what type of situation you’re dealing with, it’s important to consult with an attorney in your state before you choose to separate. There may be legal steps you need to take before you and your partner take a break, so make sure you reach out to an attorney today. Your lawyer can guide you throughout the separation process and will let you know what steps you need to take in order to make your separation a legal one.l Read more at www.311divorce.com

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

BUSINESS & EMPLOYMENT

10

How to Score an Internship During the COVID-19 Pandemic

BY JON SCHLESINGER THE CONVERSATION

E

ven though unemployment has reached a record high due to business closures and social distancing measures brought about by the new coronavirus, you can still snag an internship if you know how to adapt and get creative. Here, are five tips for students who are searching for internships or haven’t yet started internships that they’ve secured.

1. Create your own virtual internships While a poll of 283 employers recruiting on college campuses found that 16% have revoked internship offers, the poll also found that nearly 40% of employers have moved to a virtual internship program.

Although employers moving online means there is no office to go to anymore, this can open up opportunities for you to work virtually. Creating a virtual internship on your own is possible if you were already interviewing, or if you are still networking and making connections.

Be prepared to share how you could help the employer working on a specific project or help them fill a gap during this cri-

sis. Take advantage of this unique situation to try out an industry or work with an employer in a location you otherwise couldn’t get to.

Showing initiative in pitching your own virtual internship is one way to stand out to an employer and demonstrate grit. As more employers adapt to the current crisis, you can also find more virtual internship postings from top employers.

2. Try a micro-internship Micro-internships are short-term projectbased assignments. Think of yourself as an independent contractor working on a

project for a company. You’re in charge of your own time, as long as you complete the assignment. Parker Dewey, a website that connects college students and recent graduates to short-term, paid, professional assignments, is a good place to search for paid micro-internship postings from companies ranging from the Fortune 100 to emerging startups.

3. Focus on who’s hiring With all the unemployment claims and business closings, it’s easy to assume that no one is hiring. However, in every down market there are always some employers who are hiring. Look to large tech companies, health care, financial services, business software and consulting services.

There are many websites with crowdsourced information about who is hiring.

Sites such as ismyinternshipcancelled.com and candor.co both have regularly updated lists.

Handshake, one of the largest platforms connecting students and employers, reached out to its employers to find 500 companies hiring students on the platform right now. No list will be exhaustive. It’s still best to reach out to the individual recruiter or employer to learn about their hiring plans. However, time spent researching employers and networking is more crucial than just sending out resumes.

4. Broaden your prospects As you start to make any type of career plan, it is helpful to be focused yet flexible. The pandemic demonstrates how quickly even the best plans can change.

Expand your thinking and the types of roles or industries you are applying to. If you were focused on a laboratory research position in a university lab that is no longer hiring, consider other places, such as health care, pharmaceuticals or scientific writing and other roles that could be remote.

If you were planning to intern at a consulting firm, you might look to startups, nonprofits or local companies that need help navigating this crisis. The key is to keep brainstorming and expand your thinking. Don’t take anything off the table. Reach out to your network for advice. Get creative and think about past

roles you’ve enjoyed. Even a campus activity or social issue you care about might lead you in a new direction.

5. Build career-ready skills Ultimately, employers will value what skills you can bring to them. So if you are having difficulty finding a formal internship or a part-time job – whether this summer or anytime – use the time to identify and build new skills. The top skills employers seek on resumes, such as verbal and written communication and problem-solving, are skills you can build at home right now. LinkedIn Learning – available through many universities – provides access to expert-led courses great for learning technical and creative skills, such as new computer programming languages or tutorials on image editing and the like. Visit Khan Academy for professional and personal development as well as to learn new academic skills, and check out the personal finance or arts and humanities courses. Massive Open Online Courses, also known as MOOCs, like EdX and Coursera also let you take classes for free with an option for a certificate.

Use this time to create your own projects or independent work: Design an app, write code, create a marketing campaign, solve a business problem, write a research statement or start a blog. To begin, imagine this is a school project, think about a current issue or problem, give yourself a task and come up with your own solution. For example, how would you advise a car company to continue operating during this crisis, or what type of marketing plan would you devise for a fast food company right now?

You can add any of these experiences to a resume, LinkedIn profile, cover letter or during an interview to show employers that you’re ready for the opportunity to take the next step in your future career.l Jon Schlesinger is the Director of the Hiatt Career Center at Brandeis University and also a lecturer Lecturer in the School of Arts and Sciences. He teaches a course designed to get students to think critically about the industry in which they intern.

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

Join the Fastest Growing Industry: Enroll in our Paralegal Certi昀cate Program Why you Should Enroll in this Program: Fastest Growing Industry with Jobs Available Path to Law School Business Purpose: Start up or Expand your Business Advocacy: Labor Rights, Civil Rights and Immigration Fastest Growing Industry Jobs Available

Choose your Certi昀cate Program: Paralegal and Pre Law Legal Marketing Shop Stewards and Union Leaders Faith Based Leaders and Executive Sta昀

For more information and to register, visit: www.freeparelegal.org www.freeparalegal.org

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

HEALTH

12

Compulsive Overeating and How to Stop It ing is a very strong component of the binge eating cycle,” May says. “From that standpoint, it’s counterproductive to label certain foods as negative.”

There’s no doubt that eating can stimulate the release of feel-good chemicals in the brain, Hudnall says. “But that doesn’t make food an addictive substance.

There’s evidence that it’s actually the behavior — the restrict/binge cycle — that causes the signs of dependency, not the food itself,” she says. Some researchers have even stated that the term “eating addiction” is a more accurate term than “food addiction.”

BY JENNIFER RAINEY MARQUEZ WEBMD ARCHIVES

T

hink back to the last time you ate so much you felt absolutely stuffed. Were you tearing into a huge cake to celebrate a friend’s birthday? Loading up on turkey and sweet potatoes at Thanksgiving? Or were you at home alone, maybe at the end of a tough day? How did you feel afterward —simply annoyed that you gave yourself a stomachache? Or were you tormented by guilt or shame?

Eating too much, every once in a while, is normal. So is eating for emotional reasons. “From the moment we’re born, we’re nurtured with food, rewarded with food, and so emotional connections to food are normal,” says Michelle May, MD, author of Eat What You Love, Love What You Eat. People who compulsively overeat, though, may use food as their only way of coping with negative emotions. As a result, they often feel that their eating is out of control. They think about food all the time and feel guilty, ashamed, or depressed after eating. “That’s very different from what someone feels after,

say, eating a big Thanksgiving meal,” May says. “You might feel full, and you might regret having had that last slice of pie, but you’re not consumed with shame.”

Some people who overeat have a clinical disorder called binge eating disorder (BED). People with BED compulsively eat large amounts of food in a short amount of time and feel guilt or shame afterward. And they do so often: at least

once a week over a period of at least 3 months.

Not everyone who overeats is a binger.

You might eat a lot of food throughout the day, rather than all in one sitting. And you might not do it regularly, but only when you’re feeling stressed, lonely, or upset.

How does it start?

In some cases, people simply overeat out of mindless habit, like always sitting down with a bag of chips in front of the TV at night. But oftentimes, it’s the result of underlying emotional problems.

Having a negative body image can play a big role.

For many people, compulsive overeating is part of a cycle that starts with a restrictive diet. May calls it the “eat, repent, repeat” cycle. You might begin a diet because you feel bad about your weight or size but find that it’s too hard to stick to — especially if you use food as a coping tool. Eventually, you hit a breaking point and binge on “forbidden” foods, and then the guilt and shame set in, and the restrictions begin again.

The cycle can be hard to break. “Even people who say they’re not on a diet often have ingrained ideas about ‘good’ or ‘bad’ foods,” says Marsha Hudnall, president of Green Mountain at Fox Run in Vermont, a center for women who struggle with overeating. “But when you have a substance that is naturally appealing and soothing and comforting, and you make it off-limits, it just becomes more attractive.”

Can people be “addicted” to food?

In recent years, food addiction has become a popular idea among some scientists. Those researchers say that certain foods high in fat, sugar, and salt are addictive, causing changes in the brain similar to those made by drugs. Studies in animals have shown that rats that binge on sugar, for example, can develop signs of dependency.

But the idea of food addiction is controversial. For one thing, the standard treatment for addiction is abstinence, and that’s not possible with food. Also, “diet-

How can I control compulsive eating?

Seek help. It can be hard to stop overeating on your own, particularly if there are deep-rooted emotional problems involved, says Robin B. Kanarek, PhD, professor of psychology at Tufts University. Working with a counselor can help you uncover the psychological triggers — like a negative body image — that may be driving your behavior.

Avoid labels. “Understand that you’re not a bad person doing bad things,” May says. “Labeling yourself can become a self-fulfilling prophecy in terms of continuing the cycle.”

The same goes for labeling foods.

“Food is food — it’s not ‘good’ or ‘bad,’” Kanarek says. “It can be hard to get over those deeply held beliefs, but research shows that if you eat what you deem a ‘bad’ food, you’re more likely to overeat afterward.”

Take a pause. When you feel like eating, pause for a moment and ask yourself: Am I hungry? “Sometimes people get so focused on what they want to eat that they don’t stop and ask themselves why they want to eat,” May says. If you use food as a coping tool, you may be out of touch with the cues that signal hunger or fullness, and it’s important to bring your awareness back to your body.

Change your environment. “A habit is very often simply a behavior that’s on autopilot,” Hudnall says. Making a tweak to your environment can return your focus to your behavior and give you a chance to make a more purposeful decision. For example, Hudnall says, “if you always sit in a certain chair to eat, move it to a different place in the room — or sit somewhere else entirely.”

Give into cravings — in moderation.

Banning foods can cause you to overeat them later on. If you’re really craving something —even if you’re not hungry — give yourself permission to have a small amount.

End restrictive diet. “Overeating and restrictive eating are often two sides of the same coin,” May says. “Deprivation can be a trigger for overeating just like stress, anger, or anxiety.” l WebMD Feature Reviewed by Joseph Goldberg, MD

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

KNOW YOUR RIGHTS

13

How to Handle the Death of a Loved One Advice from the office of Catalina Cruz, New York State Assemblywoman, 39th District representing in Corona, Elmhurst and Jackson Heights.

Cruz is the first former DREAMer in the Assembly.

W

hile the death of a loved one is a sad and difficult matter to discuss, the nature of this disease has left many in our community without knowing the steps they must take once a family member has passed away. Here is some advice: 1. Choose a Licensed Funeral Director The family is responsible for choosing a funeral director. Many nursing homes and hospitals have limited space to hold the body, so this process must begin immediately after your loved one passes.

The funeral director will make arrangements to transport the deceased.

Directors can be found online or may be recommended by friends and family.

Once you make arrangements with the funeral director, they will walk you through the process and next steps.

2. Make the Decision Whether to Cremate or Bury Two factors are considered when making the decision of whether to cremate or bury: cost and religious burial rights.

•Cremations are a low-cost option for those who do not have the funds for a burial.

•Some religions have specific burial rights that require individuals to be buried or cremated after they pass away.

Additional religious rites may also be required.

Due to the current crisis, the process for cremations and burials have a longer timeline than normal and may take several weeks.

3. Call Local Cemeteries to Arrange Purchase of a Plot if You Choose a Burial The family making the arrangements is responsible for purchasing either a

ground plot or crypt. Most cemeteries can be found by conducting a simple search on the internet, prices may vary.

Due to the high volume of deaths due to COVID-19, cemeteries are working at limited capacity and you may need to call several in order to find available space.

4. Research Resources Available to Cover the Cost of Funeral Expenses for Low-Income Individuals HRA Burial Assistance: Low-income New York City family members may be eligible for up to $900 in financial assistance to meet the costs of funeral expenses for a deceased low-income New York City resident- https://www1.nyc.gov FEMA Disaster Funeral Assistance: FEMA Funeral Assistance is provided to help with the cost of unexpected expenses associated with the death of an immediate family member attributed to an event declared a major disaster or emergency- https://www.fema.gov/ 5. Contact Your Local Consulate if the Body Needs to Be Repatriated Outside the U.S. If the person is an immigrant and had indicated that he or she would like to be repatriated outside of the U.S. for burial,

contact the consulate of the person's country of origin. Each country has its own requirements and steps you need to take before transporting the body. The consulate will guide you through necessary paperwork and documents needed in order to make the process as smooth as possible.

COVID-19 Specific Considerations •Please have patience: the overwhelming volume funeral homes and cemeteries are now facing due to the crisis have extended timelines significantly.

•Depending on where your loved one passed, the time to claim the body is up to 30 days. You should claim the body as soon as your loved one passes. You can contact our office for additional guidance.

•Current state regulations limit viewings to immediate family only and social distancing protocols must be adhered to.

•If a cemetery does not have capacity in your borough, you may need to expand your search to upstate locations.l

Questions?

Call 718-722-9217 for assistance.

Wills, Trusts & Nursing Home Asset Protection Learn how to Protect your Assets and Provide for your Loved ones

Get Answers to Start Your Estate Plan

At this consultation, we will discuss issues that include: Nursing home costs- the myth of the 昀ve year look back The advantages of Wills, Living Trusts & Probate How to maintain your privacy and protect your estate if you become disabled (Hint: Not all Powers of Attorney are valid) Why putting property in children’s names may be a mistake Protect one’s spouse when the other needs nursing home care Preserve your estate for your kids if your surviving spouse gets married How Probate works and more importantly, how to avoid probate How you can qualify and use Medi-Cal to pay for nursing home expenses Provide for special needs (disabled) children and grandchildren How you may be able to minimize federal and state taxes

Get your FREE CONSULTATION 855-768-8845

www.falaw.us

26 Court Street, Suite 701, Brooklyn, NY 11201

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

AMERICAN DREAM

14

Congress Passes Bill Ensuring U.S. Citizenship for Children of Military Members

BY KATY MURDZA

A

bill that would ensure automatic U.S. citizenship for the children of U.S. military service members will soon hit the president’s desk.

The Citizenship for Children of Military Members & Civil Servants Act passed the House and Senate with bipartisan support recently.

Until recently, children born abroad to U.S. service members and federal employees were generally considered to have residence in the United States, which meant that they had access to an easy process to have their children recognized as U.S. citizens.

This was no longer the case when the Trump administration announced changes to the definition of U.S. “residency” for military service members stationed abroad in August 2019.

Although the changes were largely technical, they sparked widespread confusion when first announced. The impact of this policy change on military personnel created an unusual moment of bipartisan agreement, and Congress decided to create a legislative fix.

A child born outside of the U.S. can still obtain citizenship at birth if one or

both of their parents is a U.S. citizen who meet certain residency requirements. In most cases, the parent needs to have lived in the United States for five years, two of which must have occurred after the age of 14. Special rules were in place for military service members who had children while stationed abroad.

The changes revealed in August stated, however, that U.S. service members and federal employees and their families would no longer be considered to be maintaining their U.S. residency while stationed abroad. This new policy didn’t

end birthright citizenship for children born overseas, but for a small group of children it did change the process.

The change limited automatic citizenship at birth for children who depended on U.S. residency, and also required that children adopted by service members had to go through a different path to obtain citizenship in some cases.

Affected parents were until recently required to apply for their child’s citizenship with U.S. Citizenship and Immigration Services at a cost of $1,170.

While the Trump administration stated

that the policy would only affect the children of noncitizens the policy’s text was ambiguous. This led to concerns that children born abroad to U.S. citizens could also lose automatic citizenship at birth in certain cases.

The American Foreign Service Association criticized the policy, saying: “Forcing service members to go though bureaucratic hurdles for no apparent reason, just to get their children naturalized as American citizens, does a great disservice to people who have dedicated their lives to serving their country.”

The Citizenship for Children of Military Members & Civil Servants Act works to fix the technical issues which led to the policy change. It would ensure citizenship for all children living with their U.S. citizen service member or federal employee parent stationed abroad, including stepchildren and adopted children as well. It would not, however, provide citizenship to children born abroad to noncitizen parents.

There has been bipartisan support behind the bill since the policy was implemented in October 2019. President Trump is expected to sign it in the coming days. l

IN TROUBLE WITH THE LAW?

Are you under investigation or accused of a felony or misdemeanor?

Get legal advice from the law firm you can trust: Figeroux & Associates.

We handle: nDUI (Driving Under the Influence) nCourt Order Violations nPossession of Drugs (with or without Intent to Distribute) nCrimes with Impact for Deportation with Non-Citizens nFraud nCrimes of Economics

PUT YOUR FUTURE IN OUR HANDS. WE CAN HELP. CALL NOW. 718-222-3155.

Remember: The lawyer you hire, does make a difference!

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

This FREE Citizenship Program does not apply to anyone who has ever been arrested since getting their Green Card.

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

The lawyer you hire, does make a difference!

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