The Immigrant’s Journal - Vol. 190

The Immigrant’s Journal Vol. 190

A Journey for a Better Life & Justice Protecting God’s Children From Distant Lands

www.theimmigrantsjournal.com

FREE The End of Title 42 Might Be Chaotic, But It Doesn’t Have to Be Confusing.

Here’s What You Should Know 26 Court Street, Suite 701, Brooklyn, NY 11242

Tel: 718-243-9431

May 4-15, 2023

Email: immjournal @aol.com

BY DARA LIND IMMIGRATION IMPACT

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n March 2020, the world came to an unfamiliar halt. The COVID-19 pandemic was no longer a looming and distant concern. Events rapidly fell off calendars, schools shuttered, and those who could sheltered in place. Our hopes that the impact of the pandemic would be short lived were shattered with each passing month.

Title 42 – a policy that has allowed the U.S. government to expel bordercrossers without giving them a chance to seek asylum – is expected to officially

Fighting to Protect Caribbean LGBTQ+ Asylum Seekers in NYC ....8

Members of Rise and Resist movement rally at Grand Central Terminal in New York against Title 42 used to deprive asylum seekers of their rights on March 9, 2023.

Editorial credit: lev radin / Shutterstock.com

sunset next week. Federal courts prevented the Biden administration from lifting the “public health” order until it

lifted the nationwide state of public health emergency. It’s doing so on May continued on page 7

H-1B to Green Card Process in 4 Steps ....10

Keeping Up with Manuel Castro, Commissioner of the Mayor's Office of Immigrant Affairs

BY LINDA NWOKE JOURNAL EXCLUSIVE

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ew York City is celebrated for its diverse and vibrant immigrant communities. As of 2021, New York City remained home to over 3.1 million immigrants, constituting about 37% of the City's population.

According to the Mayor's Office of Immigrant Affairs, there are over 200 distinct immigrant communities in New York City, ranging from large gatherings such as the Dominican Republic, Mexico, and China, to small-

Commissioner Manuel Castro. Photo credit: MOIA

er communities like Mali and Ukrainians.

These communities contribute significantly to the City's diversity, economy, and culture, shaping the City's image.

Thus, with the recent influx of immigrants from the southern border, the Mayor's Office, through the Department of Immigrant Affairs, has been working tirelessly to support and protect these communities by providing crucial resources and services to help them thrive.

They have been at the forefront of efforts to empower immigrant New continued on page 15

How to Get Mental Health Help in NYC Public Schools ....4

Estate Planning Guide: Can You Make Your Own Estate Plan, Or Do You Need a Lawyer? ....11

Marriage Fraud Consequences, the Stokes Interview & Legal Advice ....20

NYIC’s Senior Strategist, Asher Ross Talks NYC Politics ....22

The Immigrant’s Journal - May 4-15, 2023

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TIME FOR ACTION

Today’s Immigration Drama Stems from the Same-old Politics

BY MARIBEL HASTINGS AND DAVID TORRES, AMERICA’S VOICE

Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Senior Writer Linda Nwoke

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hile a human drama continues to play out at the border — with political ramifications— it’s impossible not to recognize that everyone bears some guilt in this situation. Republicans, for having become the primary obstacle to a legislative solution that reforms all the components of an anachronistic and insufficient immigration system; and the Democrats, for having wasted various opportunities to act when they controlled both chambers of Congress and the White House.

In addition, all the political protagonists in this migration drama know exactly what they have to do at the legislative level. However, not only is the will to do it scarce, but there is an abundance of cowardliness and personal and partisan expediency standing in the way.

Meanwhile, far from the preliminary U.S. elections political chess match, thousands of migrants continue on their way, traversing geographic regions full of dangers, with no other objective in mind than to arrive to the U.S./Mexico border, as the only solution at hand for them at this moment in human history.

They keep alive the mental image of a “beacon of hope,” a light at the end of the tunnel that has been dimming without expectations of re-illuminating—at least in the short term—beginning some time ago and continuing to this very day.

It’s true that the Biden administration announced programs for family reunification and the opening of processing centers in countries that send migrants, or who are along the path north. That is without counting on the CBP One application to make appointments for their cases if they are not in the United States, a technology that has not worked out due to its constant glitches, as the migrants traveling have reported. But none of that seems to pause the thousands of human beings who want to come here.

Agencia EFE reported on Tuesday that the Border Patrol detained 22,220 migrants in a timespan of 72 hours.

Moreover, border cities began to declare states of emergencies because their shelters are full and migrants continue to come.

TEAM

Contributing Writers JR Holguin Janet Howard Chris Tobias Mary Campbell Graphic & Website Designers Praim Samsoondar Kendrick Williams

Editorial credit: revers / Shutterstock.com

As if that were not enough, the Biden administration announced it is sending 1,500 additional troops to the border to provide support and administrative services, but not detain migrants.

Some weeks ago, in this same space, we published a column where we stated that this measure, Title 42, was put into place in March 2020 by the Donald Trump administration, and therefore the current U.S. government has had time to plan its response to the anticipated increase in migrants once they were allowed to apply again. But for politicians, the issue of immigration is like a pebble in your shoe that you want to remove and continue on your way, so their solutions are usually inadequate and ill-timed.

And that is where the consequences lie: lives cut short for people who once believed in the rhetoric of safety and welcome, but now face a legislative and ideological wall that might have always been there, but which reality has completely exposed and shown the United States to be a smaller-minded nation than what was once believed. Essentially, the timeline for immigrants doesn’t run parallel to that of those who are supposed to do their job and legislate on the immigration issue. In fact, they are experiencing a noble and admirable migration that they may not deserve.

Sending troops to the border also does not offer a compassionate face to thousands of people who have crossed through jungles and deserts, running from misery, violence, abuse, and corruption. If it is to dissuade them, we don’t think it will be very effective.

Because no matter what happens postTitle 42, migration flows will always be a constant at the southern border. The

challenge that politicians have not known how to face is to put forward laws that make this flow something regular and normal, and when there are increases, the situation does not become a crisis.

Moreover, that visas exist for those who want to come and offer their very much needed labor; that the millions of undocumented immigrants who have been here for decades get legalized; that citizens and residents can apply for relatives to immigrate without having to wait decades to reunite; that asylum laws are strengthened so that everyone who needs it can apply for it and their cases are not decided without a true review of the reasons that brought them to seek asylum.

These are all the components of the broad immigration reform that, over decades, has been the victim of politicking, with terrible repercussions for millions of human lives and our economy.

To say that the Biden administration distinguishes itself from Trump’s because it is tackling the issues in a more humane fashion doesn’t mean anything, if the measures they implement are so similar, like when the Republican sent troops to the border before the arrival of migrant caravans.

As the Democratic Senator from New Jersey, Bob Menéndez, said on Tuesday: “The Administration has had over two years to plan for the eventual end of this Trump-era policy in a way that does not compromise our values as a country. I have offered them a strategic and comprehensive plan, which they have largely ignored. Trying to score political points or intimidate migrants by sending the military to the border caters to the Republican Party’s xenophobic attacks on our asylum system.”l

Email immjournal@aol.com Visit www.ijlef.org 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

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FAMILY MATTERS

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How to Get Mental Health Help in NYC Public Schools

BY AMY ZIMMER, CHALKBEAT

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s the pandemic upended our understanding of education’s role in society, one point became remarkably clear: schools are the first line of defense for student mental health support.

But what isn’t always apparent is what help is available to the city’s nearly 900,000 public school students — and how outcomes can vary depending on the resources schools provide.

Chalkbeat and THE CITY, along with ProPublica, have been examining how public schools are a de facto mental health system for many families. To help explain what services are available school-by-school, we tracked dozens of data points related to mental health resources, and talked to families, educators, and experts about navigating the system.

All of New York City’s roughly 1,600 public schools, at a minimum, have access to a social worker or school-based mental health clinic, officials say, and the city will soon offer teletherapy for high school students.

But many families say getting services can be a battle, especially as mental

health needs mount. One in five New York City children ages 3 to 13 had one or more mental, emotional, developmental or behavioral problems in 2021, according to unpublished data from a city health department survey.

“It’s a crisis,” said Brittany Kaiser, an art teacher at Manhattan’s Earth School, who says she and her colleagues need more support as they’ve noticed their pre-K through fifth-graders’ behavioral issues worsening.

That picture seems consistent throughout New York City. More than 1 in 200 New York City children lost a caregiver to COVID, an analysis from the COVID Collaborative found. Many young people are still reeling from prolonged isolation and lost schooling. The threat of gun violence, climate change, racism, and poverty weigh heavily on many kids. On top of that, thousands of children from asylumseeking families are arriving at city schools with significant needs.

These challenges affect what happens in the classroom — and whether kids show up at all. Chronic absenteeism, when students miss at least 10% of school, remains much higher than prepandemic levels. Crippling anxiety leading to school refusal — when kids have

/nycschools

Many young people are still reeling from prolonged isolation and lost schooling. The threat of gun violence, climate change, racism, and poverty weigh heavily on many kids.

On top of that, thousands of children from asylum-seeking families are arriving at city schools with significant needs.

an extreme aversion to attending class — seems to be on the upswing, parents say.

“We’re really looking for resources and support,” said Rasheedah Brown-Harris, a leader with the Bronx’s New Settlement Apartments Parent Action Committee whose Healing-Centered Schools Working Group is pushing for school-wide trauma-informed approaches. “We’re all trying to figure it out.”

If you’re looking for school-based counseling, where do you begin?

Start with the people who know your child best, whether that’s a classroom teacher or other trusted adult in the school. Parents can also reach out to a counselor or social worker at the school, an assistant principal or principal, or the parent coordinator. Every school has a counseling plan with contact information on its education department homepage under the “reports” tab.

School staff may also flag children with significant emotional needs — just as when children have academic needs — but it can take time. In such cases, a school might deem a child “at risk” and provide short-term counseling as part of a process called “response to intervention,” or RTI. Schools, though, don’t get extra funding for at-risk students, and they triage based on need. So getting services can feel like an uphill battle, parents say.

“The process can look very different for different students, and can require significant time, individual attention, and resources, and the fair student funding formula doesn’t take this into account,” said Kaiser.

Often it can come down to whether a counselor or social worker has openings — and many have been working through their lunch periods to meet the increased demand, educators said.

Fourth grade teacher Miriam Sicherman, at the Manhattan’s Children’s Workshop School, was able to get counseling earlier this school year for one of her students who witnessed neighborhood violence. But Sicherman isn’t sure the process would have been as easy a few months later, after her school received nearly 60 children, largely from asylum-seeking families who experienced some form of trauma.

What if a student needs ongoing support?

Receiving temporary, at-risk services could be a first step while a family begins the evaluation process for an Individualized Education Program, or IEP, mandating services, such as counseling.

Children with anxiety, depression, or other mental health challenges could be eligible for an IEP under the “emotional disability” classification. The state recently changed the label of that classification from “emotional disturbance” to reduce the stigma of the classification, which overwhelmingly is assigned to boys of color. Three-quarters of those with the label were boys; nearly half (47%) were Black even though Black students make up less than a quarter of students citywide, according to city data from November 2022.

Anxiety or other mental health issues might also qualify a student for a 504 plan, which under the Americans with Disabilities Act provides accommodations for children with disabilities or impairments that substantially limits a major life activity.

For example, a child with major depression who has trouble getting out of bed might not need an IEP for a special education teacher, but could benefit from a 504 plan with accommodations such as counseling, partial credit, reduced workloads, or movement breaks, explained civil rights attorney Miriam Nunberg.

However, schools don’t get extra funding for students with 504 plans, so they might make families jump through hoops to get them. They often put the onus on families to get outside evaluations to qualify rather than do school-based ones, and they often make families renew 504 plans on an annual basis.

“That’s not supposed to happen,” Nunberg said.

What’s the difference between a guidance counselor and a social worker?

Social workers are trained to provide more intensive student support from a clinical perspective in terms of prevention and treatment than counselors. But at some schools, social workers don’t work directly with children, and instead continued on page 5

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FAMILY MATTERS

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Mental Health Help/ continued from page 4 work on initial IEP evaluations by conducting social histories and classroom observations.

Some guidance counselors support atrisk and students with IEPs in one-onone or small groups, but they also focus on students’ academic progress, including helping on applications for middle school, high school and college.

“Their objective, fairly universally, is to see that a child progresses through the school,” said Kevin Dahill-Fuchel, executive director of Counseling in Schools, which provides counseling services at roughly 70 schools across the city.

National guidance recommends one counselor and one social worker for every 250 students in a school. When students have more intensive needs, the preferred ratio is 1 to 50.

Systemwide, there are roughly 5,000 social workers and guidance counselors, an increase of 1,000 since 2014, education department officials said. Still, the citywide average is 277 students to one counselor and 456 students to one social worker, according to an analysis of public data.

The role of counselors and social workers can look different school to school, and some of these staffers are part-time, traveling to different schools. That means they might not be around on the day a child has a crisis.

School staff may also flag children with significant emotional needs — just as when children have academic needs — but it can take time.

In such cases, a school might deem a child “at risk” and provide short-term counseling as part of a process called “response to intervention,” or RTI.

Some social workers say their schools pull them away from counseling.

“I am ordered to fill in the gaps, from wake-up calls to data entry to disciplining students for dress code violations,” one social worker wrote in a Chalkbeat essay. “I’ve had to cancel counseling sessions to stand by metal detectors that children are required to go through, to monitor the hallways, or to ‘watch’ a group of suspended students.”

Are there other school-based resources for mental health services?

Nearly 390 schools have on-site health clinics that often include mental health services that are more robust than schools typically provide.

Another 330 schools have on-site mental health clinics, and the city is developing a $9 million telehealth program for high school students, a model becoming more common across the nation. (The school-based mental health clinics charge fees, but they take health insurance,

Medicaid or offer a sliding scale for billing.)

There are also 421 “community schools” that partner with communitybased organizations that often offer free counseling or connect students to services. (These counselors don’t factor into the student-to-counselor ratios.)

Very few schools, however, are able to provide long-term therapy, said Dr. Kelly Fradin, a pediatrician who worked in school health in the South Bronx and author of “Advanced Parenting: Advice for Helping Kids Through Diagnoses, Differences, and Mental Health Challenges.”

What the schools are able to, or what I’d like them to be able to reliably provide, is to triage and bridge children to support…. To help families as partners, and say to the parents, ‘Is your child struggling with their mental health?

Would they benefit from more resources?’”

School counselors play crucial roles

responding to children in crisis, but also connect them to the right people outside of school, especially if a child is feeling suicidal, having restricted eating or possible anorexia, or experienced a trauma such as the loss of a parent.

But quickly getting outside services is not always feasible, as parents report long waitlists for therapists.

What else should you look for when figuring out whether a school might support student mental health and emotional wellbeing?

Other data points that could indicate how supportive a school environment might include “child in crisis” incidents (when schools call on police officers and EMTs to respond to students in emotional distress), as well as suspensions, which can be found in annual education department reports. In both of these cases, Black students and children with disabilities are disproportionately affected.

Changes to the discipline code during the de Blasio administration have curtailed the use of suspensions. But some educators say they need more training in alternative approaches, like restorative justice, which gives students space to talk through conflicts instead of more punitive discipline.

Some schools have restorative justice coordinators to help shift their culture toward this model. More recently, the continued on page 6

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FAMILY MATTERS

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USCIS Providing Documents After Notice of Immigration Judge and BIA Decisions About Immigration Status

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e now are affirmatively creating and providing documented evidence of their status to certain new asylees and lawful permanent residents upon our receiving notification that an immigration judge or the Board of Immigration Appeals (BIA) has granted status. Individuals granted asylum and lawful permanent resident status are still instructed and encouraged to contact the USCIS Contact Center to request their proof of status because USCIS may not be notified in every case.

Our field offices may now be able to provide this documentation by mail instead of having asylees and lawful permanent residents schedule an in-person appointment, eliminating an unnecessary burden to an individual who has been granted their status by an immigration judge or the BIA. USCIS began this effort in August 2022 by mailing Form I94, Arrival/Departure Record, with asylee stamps to certain individuals who have been granted asylum by an immigration judge or the BIA. We also have been issuing Permanent Resident Cards,

also known as Green Cards, to some lawful permanent residents when we are notified that the immigration judge or BIA has granted adjustment of status.

By providing this evidence, we can help ensure that new asylees and lawful permanent residents may seek employment, travel, and obtain other benefits

Mental Health Help/ continued from page 5 city has looked to partnering schools with violence interrupters and mentors through its “project pivot” initiative.

Other factors can affect kids’ emotional wellbeing, like class size, school start times, access to outdoor space and gym, and whether a child is in an appropriate classroom setting, experts say.

“We know that when a child is not in the right learning environment, whether they’re too gifted for the class or struggling to keep up, they have more problems with self regulation and emotional regulation,” said Fradin.

What if you’re not getting the support your child needs?

If a school is refusing to give services mandated on an IEP or making it difficult to get or implement a 504 plan, parents can file a complaint with the U.S. Department of Education’s Office of Civil Rights, Nunberg said. Though, she acknowledged that can be a slow process.

Parents can call their district superintendent’s office for help and speak with a student services manager, advised Jenn Choi, who channeled her parent advocacy into Special Support Services, a consulting firm for families of students with disabilities. These staffers help with student registration and transfers as well as act as liaisons between schools and stu-

dents in hospital, homeschool, or other special situations, among other duties.

Some families have transferred out of schools to find more supportive environments, but the Office of Enrollment does not necessarily make it easy to do that, Choi said.

The education department lists something called a “guidance transfer” for families with concerns that their children are not “progressing or achieving academically or socially.” Parents have to contact the Family Welcome Center for such requests.

Families can also apply to new schools during the regular application season. For example, there might be openings for rising 10th graders at certain high schools as enrollment is often in flux.

Additionally, the city runs nearly 60 alternative high schools, known as transfer schools, which focus on students who struggled to succeed at traditional high schools and are at risk of dropping out.

They often offer individual support, small classes, and wraparound services to push students to graduation. l This story was published on May 4, 2023

by THE CITY.

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AMERICAN DREAM

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The End of Title 42 continued from page 1 Mexico border is rising rapidly even before Title 42 ends, with over 20,000 people in Customs and Border Protection custody at the end of April. The government expects that even more people will come once Title 42 is over. While the administration has worked to create alternative legal ways for people in the Western Hemisphere to come and work in the United States – and has just launched some new initiatives as well – communities on the Mexican side of the border are already seeing tens of thousands of desperate people who have waited months or years to enter the U.S. The answer to “what comes after Title 42” is still taking shape. But the broad contours are in place: a return to stricter federal enforcement penalties, coupled with efforts to shove as many asylum seekers as possible through an abbreviated and likely restricted asylum process, and temporarily expanded processing capacity that may not be enough to prevent the government from having to release large numbers of asylum seekers without support.

Here’s the rundown of what you should expect to happen after Title 42 ends.

Migrants entering the U.S. without papers will be presumed eligible for rapid deportation.

Under federal immigration law, unauthorized migrants entering the U.S. are subject to “expedited removal” – deportation without a hearing before an immigration judge. Unlike expulsion under Title 42 – which just meant getting physically sent off U.S. soil – deportation carries both escalating criminal penalties for repeat attempts to enter and consequences for future efforts to obtain legal status in the U.S. The stiffer penalties for expedited removal raise due process concerns.

However, while the government didn’t allow people subjected to Title 42 to ask for asylum, people subject to expedited removal have the legal right to do so; the question is whether they will receive a meaningful opportunity to make their case to the government.

1000 appointments a day will be available for asylum seekers at ports of entry via the CBP One app.

CBP One is currently used to seek appointments for exemptions from Title 42. The demand is much greater than the actual number of slots available – resulting in “asylum Ticketmaster” for asylum seekers along the border, who have had to resort to repeat-clicker apps or even separating some family members from each other to get the quickly-booked-up appointments. With Title 42 ending, CBP One appointments, which are available 14 days in advance, will become the main way to seek asylum at ports of entry. (The U.S. government has maintained that it won’t be the only way for an asylum seeker to present themselves at a port but hasn’t clarified any alternatives.)

The Biden administration has promised to increase the number of appointments available via CBP One to 1,000/day along the border – which is still far less than the number of people who will be seeking the chance to ask for asylum.

El Paso,TX USA April 26, 2023 With two weeks away from the end of Title 42, Migrants are on the street outside Sacred Heart Church in El Paso, TX. Editorial credit: Ruben2533 / Shutterstock.com

Hundreds of additional DHS employees have been deployed just to conduct screening interviews of asylum seekers.

DHS confirmed last week that in addition to the asylum officers who are normally tasked with conducting screening interviews (known as “credible fear interviews”) for asylum seekers, it has drafted an additional 500 other DHS employees for the job. These additional employees were previously trained on asylum screening, but were working on affirmative asylum applications, refugee screening, or other jobs elsewhere in DHS. It’s not clear how long DHS expects to keep the extra 500 detailed to border screenings, but the longer that it does, the more other immigration priorities (like resettling refugees and fixing the years-long backlog for USCIS asylum applications) are likely to suffer.

Single adults – but not families – will be held in Border Patrol custody and subjected to phone-booth asylum interviews.

The government has confirmed that it is returning to a Trump-administration practice of putting some asylum seekers through screening interviews while still in Border Patrol custody, instead of turning them over to U.S. Immigration and Customs Enforcement (ICE). Those asylum seekers will be held in CBP facilities for longer than they otherwise would be, while having less time to prepare for their interviews (and little if any access to legal assistance). Only some asylum seekers – and only single adults – will be subjected to phone-booth asylum screenings.

Who is held overtime in CBP custody to wait for a phone-booth interview and who is transferred to ICE will depend on the government’s prioritiesand matters of logistics (for example, asylum-seekers were subjected to the Trump-era equivalent of the program based on whether they spoke Spanish or, later, Portuguese, thanks to ease of finding interpreters), rather than the immediate needs of the asylum seekers or the merits of their claims.

Asylum seekers apprehended by Border Patrol will probably be subjected to a new regulation that will make it nearly impossible for many to qualify.

The Biden administration continues to claim that it will release a final version of the asylum regulation it proposed in

March in time for the end of Title 42. The regulation would bar asylum to nearly everyone who enters the U.S. without papers between ports of entry, as long as they traveled through another country without seeking (and being denied) asylum there first. Essentially, this means that nearly everyone who doesn’t get a CBP One appointment – or keep trying indefinitely to get one – will risk being barred from asylum entirely.

It’s possible that the final text will look different from what the government initially published, in response to the thousands of comments the proposal received. But not having the final text yet means that the public, attorneys, and asylum seekers themselves don’t know what law they’ll be subject to when they can finally ask for asylum. Likewise, the government officials responsible for determining who is subject to the new bar will have little, if any, opportunity for training and preparation before they make decisions that could have life-or-death stakes.

Capacity will be augmented by 1,500 military personnel, but it will remain finite, and people – especially families – may be released without screening or court dates.

The U.S. government has worked to expand temporary holding capacity for arriving migrants. Additionally, in addition to the 500 DHS employees detailed to asylum screening, the Department of Defense announced Tuesday that 1,500 active-duty military personnel will be sent to the border to assist with administrative tasks like data entry until CBP can find contractors to fill those roles.

However, it is still entirely possible that more people will be apprehended than CBP has physical space to hold or personnel to process. This is especially plausible for families, since the Biden administration has promised it will not reopen large-scale family detention facilities – at least for now. If that happens, the government will likely continue to release asylum seekers, with a notice to appear in court or under Alternatives to Detention (ATD) programs and by asking them to check in with ICE when they reach their final destination.

These releases can strain border communities, especially if the federal government isn’t coordinating with local governments and nonprofits to ensure that people have support. They can also leave people in limbo, with no court date to make their asylum case.

Some migrants from Cuba, Venezuela, Nicaragua, and Haiti will be deported to Mexico instead of their home countries.

For the last several months, Mexico has allowed the U.S. to expel several thousand people a month from Cuba, Haiti, Nicaragua and Venezuela to Mexico under Title 42, in addition to Mexicans and people from the “Northern Triangle” (Guatemala, Honduras, and El Salvador).

Last week, DHS confirmed that Mexico would continue taking some of these migrants back as deportees. It’s not clear whether Guatemalans, Hondurans, and Salvadorans will be subject to thirdcountry deportation – and whether the number of deportees Mexico will accept is different from the number of Title 42 expulsions.

Bear in mind that some of these things – such as releases of large groups of asylum-seekers – will be easily captured by media and highly visible to the American public. But others – such as the phonebooth interviews in CBP facilities, which are famously closed not only to the public but even to immigrants’ lawyers – will be much harder to monitor. It’s likely that the days after Title 42 ends will feature a lot of confusion and contradictory information as people on both sides of the border try to figure out what policies are in place and where. But as we’ve seen from prior border crackdowns, from family detention in 2014 to the Remain in Mexico policy in 2019 (and the beginning of Title 42 itself), even a quiet border isn’t necessarily a working border – it can mean that abuses of migrants’ rights have just been shoved out of sight. l

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IN THE COMMUNITY

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Fighting to Protect Caribbean LGBTQ+ Asylum Seekers in NYC

BY XOË SAZZLE AND MOHAMED Q. AMIN

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ince its inception in 2015, Caribbean Equality Project has remained steadfastly committed to its core values and mission of serving and advocating for Caribbean LGBTQ+ voices in NYC! This mission is perfectly exemplified by one of their flagship programs — Unchained.

Unchained, the first of its kind in New York City, is the Caribbean Equality Project's peer-to-peer immigrant support group that anchors the organization's Healing Justice work. The historic program creates an empowering space to affirm the unique cultural experiences and identities of Caribbean LGBTQ+ immigrants, those who are HIV-impacted, survivors of family rejection, discrimination, intimate partner violence, and sexual assault, to heal and build community in New York City.

New York City is home to the largest Caribbean diasporic population in the US, many of whom reside in Little Guyana in Richmond Hill, Queens, and Little Caribbean in Brooklyn. These Caribbean-centric neighborhoods are also home to a growing LGBTQ+ community, who often experience street harassment, homophobia, transphobia, cultural hate speech, and physical violence. As noted, Unchained was created out of necessity for a culturally competent healing space for Caribbean LGBTQ+ immigrants and those experiencing isolation and family rejection. For over eight years, the Unchained: Caribbean LGBTQ+ support group has reimagined safe spaces, specifically for Caribbean LGBTQ immigrants, through community building, education, empowerment, and peer-to-peer socializing. The group members comprise of asylum seekers from Guyana, Jamaica, and Trinidad and Tobago, Haiti, to name a few countries, who can safely explore their identities while receiving the much-needed services they require to thrive in New York City. These services include oneon-one counseling, housing, healthcare referrals, legal immigration services, affirming ID documentation resources, food security, and more.

Since its formation, Unchained has also been rooted in an educational component, navigated through discussions around building healthy relationships, gender identity, HIV care, mental health, intimate partner violence, and sexual assault in our communities. The topics are also centered on LGBTQ+ history and knowledge pertaining to social and racial justice movements. Many community members who attend embody these intersectional identities but may need to become more familiar with the activism-based terminologies and broader community histories that affect their day-to-day life experiences, especially in NYC. When the COVID-19 pandemic struck, and the need to transform the program

Unchained members and CEP leadership with NYC Council Member Rita Joseph.

Photo courtesy of Caribbean Equality Project.

into the virtual sphere was imminent, questions about whether it would work or serve as a viable replacement arose, especially in the long term. Over time, CEP saw that this opened up a new kind of Unchained experience as the virtual meeting became more accessible to people who might not have been able to attend in person. There were new attendees from all over the Caribbean, Canada, and the United States who, otherwise, would have never been able to access the in-person program in NYC. For the past three years, amid the evolving COVID-19 pandemic, Caribbean Equality Project's Unchained groups created a virtual space to connect locally, nationally, and globally with the Caribbean rainbow family during this era of physical distancing and spaciousness, self-isolation, and staying home to stop the spread of the coronavirus. Their two experienced group facilitators —CEP's Trans Justice Unit Organizer, Sai Ali, and Mental Health Outreach Specialist, Diahann Browne — have been holding in-person and virtual spaces for participants to release anxiety, combat loneliness, gain tools for managing stress, and be resilient. Initially, in response to the pandemic, the sessions were centered on health literacy — a vital platform to share the latest, most accurate information, encourage flattening the curve, and provide access to health resources. After that, the sessions took more of a mental health focus — especially coinciding with the murder of George Floyd, Breonna Taylor, and Tony McDade, a 38-year-old transgender man — who was shot and killed by a police officer in Tallahassee, Florida, in 2020. These catastrophic incidents within colliding pandemics opened up further opportunities within the Black Lives Matter movement to educate and influence impactful conversations and calls-to-action (focused on the history of police brutality, while grappling with the meaning of these acts of violence for people of African descent — specifically Afro-Caribbean, Queer and Trans people in America today). One of the most notable achievements of Unchained during this time was facilitating a virtual community vaccine information session

with Dr. Julian Watkins of the NYC Department of Health and Mental Hygiene.

When reflecting on the program, Sai (she/her), who facilitates the Queens Unchained, expressed that she never imagined a program like Unchained would thrive in Richmond Hill. She yearned for a community space where the intersections of all her identities - trans, Indo-Caribbean, lesbian - would not find her in the minority. Being born to and raised by Indo-Guyanese parents, this was such a gift to find a community with LGBTQ+ people, who also shared her culture and indentured history. "I was at a point in my life's journey where it was either transition or die, and when you live like that [in survival mode], it's hard to imagine a future. So to find a place where I can imagine a future for myself as a facilitator and leader, and bring all my identities with me is truly something special," said Sai. Based on her facilitator experience, Sai has recently decided to pursue a Bachelor's degree in Social Work at Hunter College.

The second member of the facilitating pair, Brooklyn Unchained facilitator Diahann Browne (she/her), commented that this program helped her connect with her Caribbean culture and ethnicity.

Diahann, a Black trans woman with Antiguan and African-American parents, never fully felt "Caribbean" compared to her contemporaries (who are Caribbean immigrants or who were born to Caribbean parents). It wasn't until CEP came along, and created spaces teeming with cultural identities and practices, that allowed Diahann to get more in touch with her Caribbean roots, culture, and heritage. Diahann expressed that she was someone else living up to a name given to her when she first started her work with CEP, and her connection to the organization and Caribbean community allowed her to fully accept her womanhood. It nurtured her belonging and fostered acceptance of the fullness of her trans identity. Diahann remarks, “I'm so grateful to Unchained for coming into my life at that time and in the way it did."

In 2022, Caribbean Equality Project hosted a community brunch to celebrate

the 7th Anniversary of Unchained. The event launched the in-person Brooklyn iteration of the program, a partnership with the Brooklyn Community Pride Center in Little Caribbean, NYC. The brunch-style community event featured inspirational testimonials from Unchained members, cultural performances, and delicious Caribbean food!

New York Council Members Rita Joseph and Crystal Hudson attended the event.

In planning this event, the CEP team wanted members from the Unchained groups, who were regular attendees, to share how the program impacted their lives as asylum seekers and undocumented immigrants and their own intersectional identities. Three community members were highlighted - Isabella Fernandes (she/her), Olivia Valwaa (she/her), and Erobos Lamashtu (he/him)- boldly sharing their stories of resilience and survival, avidly empowered by the Unchained program.

Lamashtu and Valwaa echoed how the program facilitated opportunities to join the organization's Community Action Team, a network of core volunteers who supported the Caribbean Equality Project's 3-year running Food Justice program in Richmond Hill, Queens, Flatbush, Brooklyn, and Soundview in The Bronx.

Fernandes poignantly recalls the sadness she felt leaving Guyana, but underscores how the Unchained group became her new "home." Leveraging her 15+ years of organizing experience from Guyana with the trans advocacy group, Guyana Trans United, she became an integral member of CEP’s Community Action Team, exhibiting immeasurable talent. Isabella expressed gratitude for the connections she has gained to muchneeded immigration services, experiencing her first Pride celebration in NYC, and becoming civically activated through “Mash-Up De Vote," the organization’s culturally-responsive non-partisan voter education political power-building campaign. In 2022, she conducted street outreach to register eligible Caribbean immigrant voters and made hundreds of COVID-19 and MPOX (formerly "monkeypox") vaccine appointments.

Fernandes joined Mohamed Q. Amin in Albany to advocate for the Lorena Borjas Transgender Wellness and Equity Fund, which aims to build equity for the transgender community in New York State.

The legislation was passed and signed into law by Governor Kathy Hochul, establishing the historic fund in support of organizations like Caribbean Equality Project and others that provide life-saving services for the transgender, gender non-conforming, and non-binary communities On December 29, 2022, the US Supreme Court ruled that Title 42, a pandemic-era public health emergency order used to expel asylum-seeking migrants continued on page 9

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BE EQUITY SMART

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Four Ways a Real Estate Agent Can Help Ensure Your Home Sells for More Than Your Asking Price is the time that homebuyers like to hit the market and this means that you may have a lot more interested parties to choose from. Instead of waiting for buyers to come to you, put your home on the market when there will be a lot of people ready to invest.

BY EQUITY SMART REALTY INC

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ost home sellers are thrilled to get the asking price they're looking for when putting their home up for sale, but many have not thought about the possibility of getting even more! If you're wondering what tricks of the trade your agent can use when it comes to getting a higher offer, you may want to have them test out some of the following tips.

Price It a Little Lower It's generally said that you should price your home at market value so it will not linger on the market, but by having your real estate agent price it slightly lower you may be able to get a lot more people through the door. Instead of lowering the price of your home, this can work to stimulate a bidding war for those who see the value in your home and are willing to pay more.

Hold Off for the Right Offer The benefit of using a real estate agent is that they know the market and will be able to determine what amount the offer

Make It Unique Whether you've recently made some renovations, or your home has several unique features, ensure that these details are being properly promoted in your marketing material and at your open house.

Not only can these features add a lot of value to your home, but they can also make potential homebuyers remember it so they'll be willing to negotiate. on your home should be, so make sure you consult with them before saying yes.

It's easy to be tempted by the first good offer that's close to your asking price, but it's often worth it to hold out for the amount you really want.

Sell In the Springtime It's possible to get a good price for your home at any time of the year, but Spring

Guidance Most home sellers put their home on the market with the hope of getting a certain amount, but by highlighting unique features and holding out for a better offer you can get more than you asked for. If you're currently on the market for a home, you may want to contact one of our real estate professionals at Equity Smart Realty Inc. Call 888-670-6791.l

LGBTQ+ Asylum Seekers/ continued from page 8 from the US, will remain in effect. This ruling impacts Unchained members, who fear deportation- many of whom fled persecution, discrimination, and hate violence in the Caribbean. In 2023, Caribbean Equality Project will continue to demand that the Biden administration appeal the decision to reaffirm its commitment to protecting LGBTQ+, Black, Indigenous, and other vulnerable asylumseekers. As a member of the New York Immigration Coalition, the organization’s 2023 legislative priorities includes the New York for All Act, which broadly prohibits state and local officers from enforcing federal immigration laws, funneling people into U.S. Immigration and Customs Enforcement (ICE) custody, and sharing sensitive information with ICE. Through Unchained, members are educated on how to advocate for their rights and how to join the fight for a humane approach to immigration reform.

The Queens Unchained group meets on the second Monday of every month, and the Brooklyn Unchained iteration meets on the last Monday of every month. To learn more about the Caribbean Equality Project work and its programming, visit https://www.caribbeanequalityproject.or g, or connect with CEP on Facebook, Instagram, and YouTube at @CaribbeanEqualityProject and Twitter at @CaribEquality.l

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WELCOME TO AMERICA

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H-1B to Green Card Process in 4 Steps Certification is approved, they must submit a Form I-140 (Immigrant Petition for Alien Worker) which is the petition for you to work in the United States. This form must be submitted with the approved PERM labor certification. If your petition is approved, the USCIS will send you an approval notice indicating that you can move to the next stage of your Green Card application process. As soon as the USCIS receives your petition, that date is your priority date which is essentially your spot in the queue to obtain a Green Card.

BY CHRIS TOBIAS

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any foreign workers come to the United States each year, obtaining permanent and temporary statuses to reach their immigration goals. Most of these individuals want to eventually make the US their permanent home but come for a brief stay first to either test it out or because they didn’t qualify for a US Green Card.

Luckily some work visas, like the H-1B Visa, are considered “dual intent,” which means it was created to build pathways to permanent residency for foreign workers.

When Should I Apply for a Green Card?

A common question is when the best time to apply for a Green Card as an H1B visa holder is, and the answer is when your US employer is ready to sponsor you. Usually, this is after a couple of years of having your H-1B visa, or else your employer would’ve just sponsored you for a Green Card! This process, from start to finish, can take anywhere from 6 to 18 months, so it’s better to start sooner than later and never close to your H-1B visa expiry date.

Here are the four significant steps within this H-1B to get a Green Card:

Step 1: Find a Qualified US employer to Sponsor You When transitioning from H-1B to Green Card, workers are either currently employed by a qualified US employer or are seeking a job with a suitable employer to petition them for a Green Card. In most cases, this process is most straightforward when you’ve worked in the US for a few years for an employer you know is qualified but is now ready to sponsor you for a more permanent role.

Step 2: Employer Must Obtain a PERM Labor Certification Receiving a PERM Labor Certification is a super important step to your H-1B to

Green Card process, and it’s something your employer needs to do themselves! A PERM Labor Certification, which stands for Program Electronic Review Management, is a test that needs to be submitted to the US Department of Labor to ensure there aren’t any jobless US residents willing, qualified, or available to do the job. They check that no one’s wages are being affected by you taking the job. Employers must only pay associated fees when submitting Form I-140 to the USCIS, which goes to Step 3.

Step 3: Employer submits a Form I140 After your employer’s PERM Labor

Step 4: Submit a Form I-485 Once you have reached your priority date, you must submit Form I-485, your permanent residency/adjustment of status petition. If it is approved, then you will receive your Green Card. Good luck!

Do You Want to Adjust Your H-1B to a Green Card?

Ready for the next step? Contact the Law Firm of Figeroux & Associates today.

Your case will be handled by competent and experienced immigration attorneys and professionals with over 25 years of experience. Call 855-768-8845 or schedule an appointment at www.askthelawyer.us.l

Orientation is Tuesday, May 30, 2023

Join us via Zoom at 6pm

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www.willsandestates.nyc

May 2023

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SPONSORED INSERT: Estate Planning

Estate Planning Guide Can You Make Your Own Estate Plan, Or Do You Need a Lawyer?

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o you anticipate family conflict over your property when you die? Do you live outside of the U.S. or own property outside the U.S.?

How much do you expect your estate will be worth when you die? Are you interested in avoiding probate for your estate?

Probate is a court-supervised process that can cost your loved ones time and money. Do you plan to leave property directly to your loved ones, and are your plans straightforward? Or are you hoping to make more complex gifts?

You may want to name the age at which your children or other minors receive their inheritances. Or you only want to make a gift if someone satisfies a specific requirement. (Example: You want your niece to get an inheritance only if she goes to college.) Do you want to make a gift for someone's lifetime but then pass it to someone else? (Example: You want your spouse to be able to use your home while they are alive, but after their death, you want the house to pass to your children from a previous marriage.)

Do you want to make a gift to someone with special needs? Do you want to gift someone who can't manage their finances, even in adulthood or with significant debt? (Example: You want to leave money to your son with a gambling addiction.)

Whenever you leave money or other forms of property to minors, you need to name someone to manage it, at least until they become adults. However, you don't need a lawyer to make this arrangement; there are many ways to do this, simply in

should use the forms that are familiar to the medical professionals where you're currently living. This might mean consulting a lawyer in that country or using a standard form if one is available. Since a medical emergency can happen at anytime, you want your healthcare directive to be legally valid immediately in your country or region.

If you live in the U.S. but own a property abroad, you'll also want to consult a lawyer familiar with the country's laws to make plans for that property after your death. a living trust or will.

Many lawyers recommend refraining from making conditional gifts (gifts that require the recipient to fulfill a requirement). These gifts create confusion and, at worst, can make your will unenforceable. But you'll need to see a lawyer if you still want to make a conditional gift.

In other situations, you should get advice from an experienced estate planning attorney.

1. You Anticipate Family Conflict While most families won't end up fighting over a will in court, some certainly do. If you're worried about disputes—for example, you have children from a previous marriage who you expect will clash with your spouse—consider consulting a lawyer. An estate planning attorney can help you anticipate future problems and identify and express your exact wishes for what you want to happen to your property.

2. You Live Abroad or Own Property in Another Country Simply living abroad doesn't automatically disqualify you from using U.S.based online wills and estate planning software. If you're temporarily working, studying abroad, or on active duty for the military, you probably still have ties to a U.S. state. For estate planning purposes, you can make a will or living trust using a reputable DIY product based on U.S. laws. But if you've permanently relocated to another country, you should use a lawyer well-versed in the laws of your country or region.

If you've moved abroad but own property in the U.S., you can still use a DIY product or form to make a financial power of attorney (POA). This document names someone you trust to manage that U.S. property on your behalf.

If you want to create a health care directive (also known as a "living will" and "medical power of attorney"), you

3. You Might Owe Estate Taxes Hardly anyone owns enough assets to trigger federal estate taxes when they die.

Currently, for deaths in 2023, estates don't need to pay federal estate tax unless there's more than $12.92 million worth of property. This threshold amount is subject to change with the political climate, but even so, most people simply won't need to worry about it.

About a quarter of the U.S. states impose their state estate tax. While most of these states impose estate tax at a lower threshold than the federal estate tax—so that your estate may owe state estate tax but not federal estate tax—the tax rate for state estate tax is also lower.

If you own property valued in the millions and would like to explore ways to protect your assets from estate tax, consult an estate planning attorney specializing in transferring wealth. continued on page 2

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May 2023

www.willsandestates.nyc

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SPONSORED INSERT: Estate Planning

Organ Donor

Your Own Estate Plan/ continued from page 1

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4. You Have a Complex Goal for Your Estate Plan You should also talk to a lawyer if you have complex conditions or plans for the inheritance you leave.

Conditional Gifts Some people want to place conditions on gifts to their loved ones—for example, you want to leave money to a grandchild only if they graduate from college. While you might have good reasons for this restriction, conditional gifts can create confusion and lead to disputes over whether the condition has been fulfilled.

We don't recommend making conditional gifts in your will or living trust, but if your heart is set on it, find an attorney to help.

Life Estates Perhaps you want to leave property to one person (such as your spouse) for use during their lifetime but then have it pass to a different person (such as your child from a former marriage) upon the first person's death. If you want to arrange this (called a "life estate"), you'll need a lawyer to help you set it up.

Spendthrift Trusts If you want to leave money to a loved

one who has significant debt or is irresponsible with money, you might be concerned about how that inheritance will be spent. One solution is a spendthrift trust, in which you name a trusted person or institution to dole out the money to your loved one a little at the time. Or you could earmark the money to pay certain expenses, such as rent, directly. The property in the trust is also protected from most creditors. If this sounds like something you want in your estate plan, find a good estate planning lawyer.

5. You Want to Leave Property to Someone With Special Needs If your loved one has special needs or a disability, be cautious about how you leave money or property to them. If your loved one receives government benefits, an increase in their assets can easily jeopardize their eligibility.

If your loved one already has a special needs trust set up on their behalf, you can

make a simple will that leaves money for that special needs trust. But if your loved one doesn't have such an arrangement, see a lawyer who can also help you thoroughly explore your options for leaving gifts to someone with special needs.

6. You Own a Business If you haven't yet made arrangements (for example, in an operating agreement or partnership agreement) for what will happen to your business before you become incapacitated or die, you should get a lawyer's help to make a plan.

Legal Help Estate planning is a necessity, not a luxury! Consult with the Law Firm of Figeroux & Associates. With over two decades of experience, you are in the right hands. Experience matters! Call 855-768-8845 or schedule an appointment at www.askthelawyer.usp

hen you make a commitment to donate healthy organs or tissue at the time of your death, you positively impact the lives of numerous others. When planning your legacy, it’s easy to have your loved ones at the forefront of your mind, but a simple registration could influence the health of a stranger.

According to the United States Department of Health & Human Services, there are two ways to sign up to be an organ donor. From the comfort of your home, visit their website and fill out a simple form. If you would rather complete the process with a representative, the experts at the local Department of Motor Vehicles can help.

How You Can Help Adults who are legal citizens of the United States are eligible to donate organs at the time of death, and, in some cases, during their lifetime. Of course, certain diseases may inhibit you from becoming a donor; be honest about your health conditions during registration.

Make sure to discuss your wishes with your family. Conversations regarding death are never easy. You should approach the subject with sensitivity by discussing the benefits that registration offers to others.p

Compensation for Victims & Families of Nursing Home Abuse and Neglect

If your loved one was neglected or abused in a Nursing Home or assisted living facility, financial compensation may be available.

Call 855-768-8845 for a consultation One in six residents in nursing homes and community facilties were neglected last year resulting in thousands of families experiencing trauma, mental illness, medical emergencies, and even death. Nursing home abuse and neglect is real.

Has your loved one experienced any of these or other types of abuse?

•Bedsores •Improper Treatment/Medication •Choking/Death •Malnutrition/Dehydration •Falls •Respiratory Illness •Fractured Bones •Sexual Abuse •Infections •Sexual Assault

Experience matters. The lawyer you hire does make a difference.

Schedule a consultation now.

Get compensation for your loved one’s suffering.

Call 855-768-8845 or visit www.askthelawyer.us VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

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May 2023

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SPONSORED INSERT: Estate Planning

What Happens If You Die Without a Will?

BY MARY CAMPBELL

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eloved actor Chadwick Boseman, star of Marvel’s iconic Black Panther, died in 2020 at 43 from colon cancer. Although he knew for some time that he was dying, he did not make a will. His estate was split evenly between his widow and his parents, following a legal process called “intestacy” – the rules governing someone’s estate if they don’t have a will.

Boseman was one of around 66% of Americans who didn’t make a will before he died.

You know you should make a will, but you never seem to be able to drum up much enthusiasm for the idea. It seems like a big, complicated pain-in-the-butt undertaking and you’re not planning on dying anytime soon anyway. You know that lawyers cost a fortune, and who knows if you really can legally use one of those online will kits? Differing opinions abound. So, you wonder, what does happen if you don’t make a will? Can the government really take all your possessions that the bank doesn’t already own most of?

The short answer is probably not.

Unless you are truly completely alone in

Bob Marley died intestate even though he knew he had cancer and lingered for nearly eight months. His estate, worth a reported $30 million, had dozens of claimants.

Editorial credit: Gabriela Beres / Shutterstock.com

the world with no blood ties whatsoever, there is likely a relative somewhere that is eligible to inherit, if they can be found.

In fact, British television has aired a program called Heir Hunters, which is described as “a series following the work of heir hunters, probate detectives looking for distant relatives of people who have died without making a will”. In the U.S., private investigation firms will attempt to find a potential heir, but someone presumably must hire them before they will begin to look. Of course, if the estate is large, anyone may undertake to find lost relatives in hopes of receiving a

commission for the information from a grateful heir. In the end though, it is possible that if an heir cannot be found after a reasonable length of time has passed, then yes, eventually your estate will escheat (pass) to the appropriate governing body.

However, for an average individual with no shortage of relatives in line to legally inherit your worldly goods, the application of the relevant inheritance laws certainly doesn’t mean that your estate will be distributed in a manner that you would approve of. Intestacy (the legal term for dying without a will) laws

vary widely, depending on where you live. Your spouse, for instance, may find that the laws of your state are not altogether favourable to him or her when you have children involved, perhaps from a previous marriage. Common law and same sex partners may or may not be recognized as eligible to inherit. A close relative you cannot stand the sight of may be first in line if you have no spouse or children. Read our informative website at www.willsandestates.nyc Finally, it is important to note that in addition to the disposition of your estate, regardless of the value, your will also functions as the vehicle through which you will make your final wishes known.

You will appoint a trusted executor/executrix to a position of authority to administer your final wishes, which may include instructions for your desired funeral arrangements and interment, the distribution of personal items of great sentimental but minimal monetary value, or your choice of a guardian for your young children.

Without a doubt, dying without a will robs you of your right to have a say in the settling of your affairs and creates unneccontinued on page 4

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www.willsandestates.nyc

May 2023

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SPONSORED INSERT: Estate Planning

Planning for a Disabled Child

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state pre-planning should be an important part of everyone’s financial regimen, but this process becomes even more important when you have a child with disabilities.

A lot of factors go into creating a uniquely designed plan, depending on their unique personal challenges and whether they are a minor or adult. The goal is to help your special-needs child continue to lead an enriching, happy life even in your absence.

A Lifetime of Care The larger goal of special-needs planning is to preserve public aid while also supplementing your child’s care. There are additional benefits to taking care of this right away: If plans are put in place while you’re still alive, the estate avoids probate. Others interested parties, like their grandparents, can contribute to a trust.

Named co-trustees can also get hands-on experience in helping with childcare and administering the guardianship.

Depending on the child’s capability, this money-management program may be critically important since it will be the only future path to protecting eligibility for benefits. It will provide additional funds for a broader scope of care and create a financial resource should benefits

Without a Will/continued from page 3

child. Many public-aid options are designed to be resource dependent, meaning recipients aren’t eligible if they have access to a certain amount of money. These trusts allow for an inheritance without endangering aid provided by Medicaid, SSI or other government programs because assets held in trust are not directly available to the child. Funds from life-insurance policies, IRAs and retirement plans can also be directed to the trust, and the child still has access to other programs.

become restricted or end all together.

Special-Needs Trust Children are at particular risk if they are unable to live independently after the death of a parent of guardian. A specialneeds trust can ensure that they are provided with needed resources and care over the course of their lifetime. Parents or guardians should name the trust as a beneficiary in their will, according to the American Bar Association, instead of the

Designating a Caretaker Beyond the obvious financial considerations, parents and guardians must select a designated caretaker to look after their special-needs child — or to manage their care, if the child is in an assisted-living environment. Work with an attorney who specializes in estate planning in order to create both a trust and this succession plan, since states have differing regulations and laws regarding who may serve as a legal guardian.p

essary hardship for those closest to you, as they are left to deal with the legal technicalities on their own.

Changes in Tax Laws It can be hard to stay up-to-date on constantly changing tax laws, but it’s necessary to keep your final document in good legal standing. Especially if your will takes actions to address estate tax issues, it’s a good idea to receive periodic reviews by an attorney.

Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish.

Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament.

Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

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Lawsuits! Foreclosures!

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

GET YOUR 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!!!

Call 855-768-8845 for a consultation today!

The Law Offices of Figeroux & Associates, 26 Court Street, Suite 701, Brooklyn, NY. Visit www.askthelawyer.us VISIT OUR WEBSITE WWW.THEIMMIGRANTSJOURNAL.COM FOR MORE IMMIGRATION NEWS & UPDATES

IMMIGRANTS’ MATTERS MOIA Commissioner Castro/ continued from page 1 Yorkers and uphold their rights. In a recent interview with our Editor-inChief, Pearl Phillip, Commissioner Manuel Castro of the Mayor's Office of Immigrant Affairs in New York spoke about the challenges and opportunities facing immigrant communities in the City.

With years of experience advocating for immigrants' rights, Commissioner Castro discussed the initiatives and policies the Mayor's Office has implemented to better support and protect immigrant communities. From language access programs to fighting against anti-immigrant policies at the federal level, Commissioner Castro's insights shed light on the crucial work being done to empower and uplift immigrant New Yorkers.

Reaction to the Influx of Immigrants in New York City Since 2022, the Governor of Texas has bussed immigrants from the US-Mexico border without much notice, resulting in coordination problems for the City's administration. Since then, the department has opened over 120 new shelters with various colleagues and other city agencies. Commissioner Castro said, "We lease hotels throughout New York City, turned them into shelters practically overnight to be able to house and provide services to asylum seekers."

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Commissioner Castro addressing the press at NYC Port Authority.

Photo credit: MOIA

This arrangement was with the support of other city departments like Health and Human Services under the leadership of Deputy Mayor Anne Williams-Isom.

Yet, with recent threats and possible challenges of having a new immigrant influx as envisaged from the lifting of Title 42 by May 11th, which has hitherto, stemmed the influx of migrants based on COVID-19 restrictions, and the transition to the enforcement of Title 8 Act, there is a possibility of more immigrants bussed to New York by Governor Abbott of Texas. The situation remains a significant consideration that the Commissioner said the City's administration is poised to manage, despite the high cost of providing support services which have run into billions, with a minor bailout from the federal government, as experienced over the past months.

"We will work through it. We will continue to reach out and work with our federal and state partners. But in the mean-

time, my role is to support immigrants as they arrive, welcome them, especially children and families, because it's a very fearful time."

The Commissioner says that despite the political games, immigrants are safe and supported by the City of New York. He also reacted to President Biden's proposal to create an emergency work authorization pathway for asylum seekers. In the Commissioner's view, it is legally possible for the President to accomplish the intention through an executive order or the redesignation of Temporary Protective Status to go beyond the humanitarian situation.

Labor Force Immigrants continue to support the City's labor force in various capacities; thus, celebrating May Day, the Commissioner recognized their contribution towards building New York City's Infrastructure.

He says, "I think the City and our society

really depend on each other and the labor force of our communities. We want to celebrate that but also remind people that safety comes first. So I want to work with my colleagues at the Department of Buildings, the Department of Consumer Affairs, and Worker Protection to ensure everyone knows that safety comes first.

And if you've been a victim of workplace violence, please get in touch with the City so we can support you."

Complaints can be made through a hotline called 'Ask MOIA' - Mayor's Office of Immigrant Affairs; call (212) 7887654 or send an email to AskMoia@CityHallnyc.gov.

He encouraged immigrants to call and ask questions about their workplace rights, worker safety issues, and other rights they are entitled to in the United States and promised they would receive support.

Celebrating Immigrant Heritage Week Reacting to the City's 'We Love Immigrant NYC' Campaign theme for the 2023 Immigrant Heritage Week, which the Commissioner, Manuel Castro, launched, he explained that it is important to celebrate immigrants and their heritage in New York City. "We celebrate that moment when many immigrants came to New York and the United States.

And we want to remind everyone that they were probably immigrants or had continued on page 16

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LEGISLATIVE UPDATES

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Filing Tips for Supporters and Beneficiaries of Uniting for Ukraine and the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans

U

.S. Citizenship and Immigration Services (USCIS) is receiving many duplicate filings of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, and related inquiries to our Contact Center. These tips will help you properly submit Form I-134A as well as correct any errors you discover after you submit it.

Duplicate Filings of Form I-134A Some potential supporters are filing multiple Forms I-134A for the same beneficiary. This adds to our workload, which delays processing. Please do not file more than one Form I-134A for the same beneficiary as this may delay processing of the beneficiary you are agreeing to support. Please understand that it may take some time to process your request.

If you have not received a decision on a

Form I-134A you filed on behalf of a beneficiary, the best way that you can check your case status is through your USCIS online account. Do not file another Form I-134A for that beneficiary until you receive a decision on the first Form I-134A filed.

Potential supporters who wish to support more than one beneficiary must file one Form I-134A for each beneficiary.

Do not submit duplicate Forms I-134A for the same beneficiary.

How to Check Case Status After you file Form I-134A with USCIS, we will send you a receipt notice to indicate that we received your request.

Please remember that processing of your Form I-134A may take some time, however, we are working on your request as quickly as we can. To get up-to-date information about a case, enter the

receipt number (which begins with IOE) into Case Status Online at uscis.gov/casestatus. As mentioned above, you can also get case status in your USCIS online account.

Which Form to Use As of Jan. 6, 2023, potential supporters must use the new Form I-134A, instead of Form I-134, Declaration of Financial Support. If you submitted Form I-134 online before Jan. 6, 2023, we will continue to process your case; you do not need to file a new form.

Do not call the USCIS Contact Center to correct an error on a Form I-134A you filed unless you are unable to correct the error through your online account.

For more information about the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, visit uscis.gov/chnv.l

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MOIA Commissioner Castro/ continued from page 15

Commissioner Castro NYC Port Authority welcoming immigrants.

Photo credit: MOIA

family members who immigrated."

Commissioner Manuel Castro revealed that he believes in celebrating immigrants always and noted that there would be a continuous celebration of immigrant neighborhoods and enclaves. in the City." New York City has many different immigrant communities; we have over 100 other immigrant areas."

Sadly, only a few of the numerous communities have been celebrated over the years. However, there is promise of a change moving forward. In fact, other heritages like the celebration of immigrant communities like Little Dominican Republic in Washington Heights, Inwood, and the proposal to celebrate other immigrant communities like Little Mexico in Port Richmond, Staten Island, and Little Haiti in Flatbush are underway.

As a Commissioner of Immigrant Affairs, who is also an immigrant, he recalls his experience living in the City as an undocumented immigrant. His feelings of not belonging and being excluded from certain benefits resulted from his immigration status. He explained that this experience helps him empathize and connect with other immigrants undergoing the process of integration into society.

"But there's a lot of people who are still facing the same challenges. I'm able to connect with them. They must know that people with similar experiences are on this side and ready to support and welcome them."

The Commissioner explained that people could reach his office to seek additional information about the immigrant heritage celebrations. Furthermore, new immigrants can find help navigating the city service by dialing 311, which supports their ability to track incoming calls and requests and helps them review occurring issues, including figuring out necessary languages for effective communication. There are specialized services for people that prefer to use other languages to communicate as an alternative.

For those experiencing trouble from dialing 311, a direct call to the office will grant them access to help.l

Listen to the interview with Commissioner Castro at YouTube.com/@InceptionFmRadio

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IMMIGRANTS’ CONCERNS

17

AFL-CIO Report Data Shows Latino and Black Workers Dying on the Job at Highest Rate in Over a Decade

O

n Wednesday, April 26 the AFLCIO released its 32nd annual report, Death on the Job: The Toll of Neglect, a national and state-bystate profile of worker safety and health.

Key findings from the report point to a troubling rise in worker deaths, particularly among Black and Latino workers, and illustrate the urgency of funding and support needed for critical job safety oversight and enforcement.

Over the last 50 years, there has been significant progress toward improving working conditions and protecting workers from job injuries, illnesses and deaths. Federal job safety agencies have issued many important regulations on safety hazards and health hazards like silica and coal dust, strengthened enforcement and expanded worker rights. These initiatives have undoubtedly made workplaces safer and saved lives. But much more progress is needed.

Over the years, the progress has become more challenging as employers’ opposition to workers’ rights and protections has grown, and attacks on unions

have intensified. Big corporations and many Republicans have launched an aggressive assault on worker protections.

They are attempting to shift the responsibility to provide safe jobs from employers to individual workers and undermine the core duties of workplace safety agencies.

The nation must remain committed to protecting workers from job injury, disease and death. Preventing injury, illness and death at work to restore dignity, save

lives, improve livelihoods, and reduce burdens on families and communities must be a high priority. Employers must meet their responsibilities to protect workers and be held accountable if they put workers in danger. Only then can the promise of safe jobs for all of America’s workers be fulfilled. There is much more work to be done to ensure the fundamental right to a safe job is a reality for all.

The report shows the fatality rate for Black workers grew from 3.5 to 4.0 per

100,000 workers and more than 650 died on the job, the highest number in nearly two decades. Latino workers have the greatest risk of dying on the job, with a fatality rate at 4.5 per 100,000 workers that has grown by 13% over the past decade. There was also a slight uptick in deaths for Latino workers in 2021, and the overwhelming majority who died were immigrants.

“Every American should be alarmed and outraged by the tragic data unearthed in this report,” said AFL-CIO President Liz Shuler. “It is unconscionable that in the wealthiest nation in the world, Black and Latino workers are facing the highest on-the-job fatality rates in nearly two decades. This report is more than a wakeup call, it is a call to action. No one should have to risk their lives for their livelihoods. There is no corporate costbenefit analysis that should put human life and worker safety on the wrong side of the ledger." l

Read the report at www.theimmigrantsjournal.com

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HEALTH

18

COVID Is Officially No Longer a Global Health Emergency – Here’s What That Means (And What We’ve Learned Along the Way)

BY SIMON NICHOLAS WILLIAMS THE CONVERSATION

W

orld Health Organization (WHO) experts have officially declared that COVID no longer constitutes a public health emergency of international concern (Pheic).

This coincides with the WHO’s new strategy to transition from an emergency response to longer-term sustained COVID disease management.

World Health Organization (WHO) experts have officially declared that COVID no longer constitutes a public health emergency of international concern (Pheic). This coincides with the WHO’s new strategy to transition from an emergency response to longer-term sustained COVID disease management.

This may not change too much practically. COVID will still have pandemic status, and countries will continue to have their own authority as to whether to treat COVID as an emergency within their territories (some countries, including the US, have already declared an end to the national emergency).

And of course, we must consider that for some, especially those who are clinically vulnerable, the emergency is not yet over, and may never be.

For the global public health community, however, this is an event of monumental importance, drawing to a close the emergency response period which commenced on January 30 2020.

At the same time, for a large portion of the general public, it may well pass by relatively unnoticed. For many people, it’s been a long time since they viewed COVID as an emergency. In the UK for example, COVID no longer features in the regular Office for National Statistics

public opinion survey that asks people what they think the key issues facing the country are. Even a year ago, only two in five Britons were very or somewhat worried about COVID, according to the survey.

Along with other behavioral scientists, I have been following public experiences of the pandemic for the past three years.

The results have yet to be peer reviewed but by summer 2022, many participants in our research described the pandemic as being like “a distant memory” or like it “never happened”.

As we move into this next phase, it’s time to consider what we’ve learned about human behavior during the pandemic, and what happens next.

Old habits die hard In the early days of the pandemic, many behavioural scientists, myself included, wondered whether some of our pandemic habits were here to stay. Would face masks become a regular wardrobe staple?

Would people stop “soldiering on” and going into work when unwell?

It turned out that for most people, the pandemic hasn’t permanently changed our behavior and habits or created a “new normal”. Looking again at the UK, face mask use has consistently declined, with figures from last month suggesting that fewer than one in six adults had worn a face mask recently. Regular use is likely much less common.

Social distancing has long since disappeared, except for a relatively small proportion of the public, in particular those most vulnerable to COVID. The COVID pandemic has taught us how adaptive behavior can be, in particular how much people were willing to change their behavior to keep themselves and others safe. Most people followed the rules during the height of the pandemic, no matter how difficult. COVID has reminded us how resilient we humans can be.

These pandemic adaptions, and the fact that our pre-pandemic behaviour bounced back so quickly, shows how important social cues and social norms are to behavior. Putting on a mask or keeping our distance from others were

habits – actions triggered automatically in response to contextual cues, such as seeing signs with pictures of people socially distancing.

Social norms – what we think others are doing – were key to vaccine uptake and to our uptake of preventative measures in general. As these contextual cues disappeared and the social norms started to change, and as vaccine coverage increased and the risk to the majority decreased, our behavior changed.

The pandemic has also demonstrated how important social connections and social, especially physical, contact can be. This is something we have already argued COVID couldn’t keep at bay forever. According to social safety theory, which sees stress and wellbeing as a product of biological, psychological and social factors, COVID posed a threat to the “social fabric that makes humans resilient and keeps us alive and well”.

It’s unsurprising that life satisfaction and happiness were lowest during lockdowns, and recovered as people started to mix socially again.

The emergency isn’t over for everyone As we mark the end of the emergency phase it’s important to remember the nearly seven million lives lost due to COVID since 2020.

And of course, we must consider that for some, especially those who are clinically vulnerable, the emergency is not yet over, and may never be.

Although it’s no longer a Pheic, as the WHO reminds us, COVID is still responsible for millions of infections and thousands of deaths each week around the world. Also, thanks to long COVID, hundreds of millions of people are in need of longer-term care.

In the future, we need to move from relying on the resilience of individuals to building resilience in our institutions. We can all take measures to continue to protect ourselves and those around us from COVID and other respiratory viruses (such as by hand washing and keeping up to date with vaccinations). But responsibility for preventing public health emergencies shouldn’t rest solely in the hands of the public Actions that governments, employers and health authorities can take now could protect against future public health emergencies. Systematically tackling misinformation, improving ventilation in schools, workplaces and other public indoor spaces, and making longer-term improvements to paid sick leave are all good ways to start building more resilient societies in preparation for the next pandemic. Hopefully this is something we will never see in our lifetimes. l

Simon Nicholas Williams is a Lecturer in Psychology, Swansea University

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IMMIGRANTS’ RIGHTS

19

On International Workers’ Day, Unions and Worker Justice Groups Call for Passage of New York For All Act

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EW YORK: Unions and worker justice organizations are joining the call for lawmakers in Albany to pass the New York for All Act, which would broadly prohibit local and state agencies from assisting Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) in searching for, arresting and deporting immigrant New Yorkers.

Twenty-five labor unions and worker justice groups, who represent tens of thousands of New York workers, today sent an open letter to Governor Hochul, Majority Leader Stewart-Cousins, Speaker Heastie and all of the New York State Senate and Assembly calling for passage of the bill.

“For far too long, [ICE and CBP] have demonized and demoralized immigrant New Yorkers with raids and scare tactics that have cruelly separated families and harmed communities… Employers often exploit immigrant workers’ fear of deportation to discourage them from advocating for themselves against workplace abuses and to suppress organizing

efforts, depressing standards for all working people. The New York For All Act offers protections that address this, by prohibiting local and state agencies from funneling people into ICE and CBP custody, sharing sensitive information, and using local resources to undertake a federal political agenda,” they said in the letter.

The groups say passage of the bill is long overdue and note that New York is

lagging behind California, Colorado, Illinois, Oregon, Washington, and other states which have all passed similar legislation.

The signatories to the letter represent a diverse group of workers from across the state, across different industries, immigrant communities, and in both the private and public sector.

The groups’ call for the bill adds to the momentum behind it. New York for Alll

already has majority support in the State Senate, with 32 cosponsors on the bill. It has also passed through the Codes Committee in the Assembly.

The unions and worker groups join many other community-based and legal advocacy groups calling on lawmakers in Albany to pass the bill without delay.

"Immigrants are a part of the fabric of society and make New York the vibrant state we all call home," said Michael Prohaska, Business Manager of the Mason Tenders District Council of Greater New York and Laborers Local 79. "Sadly too many of our immigrant neighbors go about their daily lives in fear of ICE and other immigration agencies taking them away from their families and communities they call home. No one should leave for work or school fearing they may not return home - that's why Local 79 is proud to support and urge our elected leaders to pass New York For All legislation to prohibit state agencies from assisting ICE and Customs Border Patrol." l

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LOVE & RELATIONSHIPS

20

Marriage Fraud Consequences, the Stokes Interview & Legal Advice

BY JANET HOWARD 311IMMIGRATION.COM

A

re you having thoughts about a fake ("sham") marriage as a way of getting a Green card (U.S. lawful permanent residence)? Please be aware that your fraudulent marriage plan is illegal. Marriage fraud is a crime, regardless of the circumstances under which you sought to "help" an unlawful immigrant circumvents legal immigration channels or if you took part in a sham marriage for money. Many immigrants enter into sham marriages, aware that doing so is illegal. In these cases, the undocumented immigrant may get "help" from a U.S. citizen friend or even pay money to a U.S. citizen for the marriage. However, many immigrants, unfortunately, enter into sham marriages without being cognizant of the potential consequences.

How is Marriage Fraud Defined in U.S. Immigration Law? A sham marriage is entered into to get around ("evade") U.S. immigration laws.

For a marriage to be valid under the law, it is not sufficient that the couple had an

actual marriage ceremony and a marriage certificate. They must plan to live in a real marital relationship to establish a life together, following the marriage ceremony—and prove their intention through their actions. If the couple doesn't plan to create a life together, their marriage is a sham.

Another way an immigration application based on marriage can be found fraudulent is if it isn't legally valid. For example, if one party is already married to another person and could never get a legal divorce. Even if you sincerely love your new spouse, this current marriage is invalid. Applying for a Green Card based on an invalid marriage is very much considered fraudulent.

What the U.S. Government Expects a Real Marriage to Look Like The U.S. government is a "love" government. Most adjustment of status cases happens through marriage. So, what constitutes a typical, "real" marriage" to the U.S. government?

The "standard" married couple has quite a bit amount in common. They share a language, culture, and even religion.

They live together and do things together,

such as take vacations, attend events and family functions, celebrate important events and milestones, birthdays, and holidays, join clubs or gyms, and have sex and, for the most part, children.

Typical couples also combine financial and other aspects of their lives after marriage. They show their trust in one another by sharing bank and credit card accounts and property ownership, such as cars and houses. They celebrate each other's birthdays and meet families.

And of course, they may even have

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arguments and marital problems, but, if possible, they will visit a therapist or faith-based leader to help work these out.

So, what are the consequences of marriage fraud?

Immigration and Customs Enforcement (ICE) Investigation U.S. Citizenship and Immigration Services (USCIS) have an essential job.

Immigrants that have been married for less than two years to a U.S. citizen or continued on page 21

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LOVE & RELATIONSHIPS Marriage Fraud continued from page 20 Permanent Resident must prove that their marriage is genuine and valid and apply to remove the conditions of their residence. But if they cannot prove that their marriage is valid or fail to file on time, and if there is any suspicion in the minds of USCIS employees that marriage fraud has taken place, USCIS can refer the case to Immigration and Customs Enforcement (ICE). ICE will decide whether to pursue a criminal investigation.

If ICE decides to take things further, they will investigate whether marriage fraud has indeed occurred. If fraudulent proceedings are found, ICE will pursue criminal prosecution by the District Attorney's Office.

What Happens when ICE Does Not Conduct a Criminal Investigation?

Suppose for whatever reason, ICE chooses not to pursue a criminal investigation against a suspected marriage fraud case.

In that case, the case will then be returned to USCIS, which will pursue its administrative investigation against the suspects. This does not mean that the suspects have been exonerated.

Following the conclusion of the investigation, if there is strong evidence to suggest that marriage fraud has taken place, the immigration benefits that have been sought will be denied. USCIS will

start removal proceedings (deportation) against the applicant.

Further Penalties for Marriage Fraud In addition to a criminal investigation and deportation, those involved in marriage fraud and later convicted for the crime may face a maximum of five years in prison and a fine of up to $250,000.

Illegal immigrants who have been deported and faced further penalties will find applying for future immigration benefits challenging.

The consequences of marriage fraud are not worth the stain on your reputation or criminal record. Marriage should be the lifelong union of a couple devoted and committed to one another, not a shifty, fraudulent union of those simply trying to bypass the legal requirements. Before you decide to participate in marriage fraud, consider the consequences of your

actions and reconsider.

The Stokes Interview and Legal Help Immigrants are desperate, and desperate times sometimes call for desperate measures. However, the first critical advice regarding marriage fraud is: Do not ever even consider entering a sham marriage to obtain immigration benefits.

Remember, in addition to being blatantly against the law, the potential ramifications for sham marriages, as discussed above, are severe.

Suppose there are any suspicions during the first interview with the consular officer or USCIS officer, and it doesn't go well. In that case, they may hold a second one, called a Stokes interview, also known as the marriage fraud interview.

The would-be immigrant and spouse are separated and asked the same questions, after which their answers are compared.

For example, the husband says they always spend his birthday in Florida, but the wife says they always go to the Poconos, there is a problem. The Stokes interview is a second chance for the couple to convince the USCIS officer of the validity of their marriage. That is, it is bona fide.

People who enter sham marriages often trip themselves up just trying to get through the standard process, believing that a fake marriage would be simpler to get away with than it really is.

Even immigrants who entered marriage legitimately to establish a life together with their spouses should consult with an experienced immigration attorney while removing conditions on permanent residence. Any mistake in the application process, failure to present sufficient evidence that the marriage was bona fide, or a poor interview may lead to USCIS finding that a legitimate marriage was fraudulent. Immigration law is complex, and the best decision you can make is to consult and retain the services of an immigration lawyer, preferably a member of the American Immigration Lawyers Association (AILA). One such attorney is Brian Figeroux, of the Law Firm of Figeroux & Associates, with over two decades of practicing immigration law.

Ask the Lawyer. Schedule an appointment at www.askthelawyer.us or call 855-768-8845. The lawyer you hire does make a difference.l

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NYC POLITICS

22

New York City's Politics and the Role of the NYIC Action

BY LINDA NWOKE

Ross: “Our responsibility is to support immigrant justice candidates for office and people who will champion our issues.”

N

ew York City remains a melting pot and destination for immigrants worldwide seeking better opportunities and new life in America.

Sadly, the immigrant's experience in New York can be challenging, with various obstacles deterring them from building a new life for themselves and their families.

Fortunately, some nonprofit organizations are dedicated to advocating for immigrants' rights and providing them with the support and resources required to succeed, including contributing to policies that affect their existence in the Empire State, particularly in the City.

Some organizations empower immigrants by providing legal services, social support, or community resources to help them thrive in their new homes. One of them is the New York Immigration Coalition (NYIC), a multi-sector and racial organization that, for over thirtyfive years, has been fighting for the needs of diverse immigrants and refugee rights groups across many immigrant communities in the United States.

In a recent interview with Asher Ross, Senior Strategist at the NYIC, he shared some of their organization's activities on numerous issues, including immigrants voting rights, budgets, and forthcoming council elections in the City.

NYIC and Voting Rights in New York City The New York Immigration Coalition has been at the forefront in pushing the 'Our City, Our Vote' mandate. A proposal that has become law will enable over 900,000 legal non-citizens with permanent residence to vote during municipal elections in New York City.

"So, this was a massive, inspiring, and monumental victory that was won through years of work," he said.

"However, it was challenged in our state's Supreme Court, in Staten Island, ruled unconstitutional but has been appealed."

He explained that it is currently pending, but with the new appointment of a Chief Judge, Judge Rowan D. Wilson of the New York Court of Appeals, the fight to win will recommence to ensure the law is enforced.

The law will prevent the injustice of taxation without representation, where people who contribute to the economy, explicitly tax-paying immigrants who are also green card holders or non-citizens, can vote on issues that affect them during municipal elections. Arguments on a few areas of the law will be resolved in time.

"I believe there is a requirement of between 30 and 60 days of residency.

And this has been one of the aspects debated a lot," says Ross. "Our position has been that it does not need to be years.

We have people who come into the City

Fighting for immigrants. Editorial credit: NYIC

who work and pay taxes. They deserve to be part of the political process," he ended.

The law's approval will reinstate a right that existed several decades ago in NYC before it was canceled. Hopefully, Mayor Adam's administration will continue to support the process.

"Mayor Adams has not had to support or oppose the bill because it was already a law. He has been helpful and has spoken in favor of the appeals court ruling that it is constitutional. So, the Mayor and their legal team have been coordinating and cooperating with trying to win this in the appeals court," explained Ross.

NYIC Action's Endorsement of Political Candidates As part of their activities, the nonprofit's arm that focuses on 'Coalition' is called the NYIC Action. "That means that we are the political arm of a coalition of over 200 grassroots organizations across New York State that represent immigrant communities and communities of color. So NYIC Action does partisan political work on behalf of our coalition's priorities, including endorsing and supporting candidates for election," explained Ross.

The Process for Endorsing Candidates NYIC, through NYIC Action, supports candidates that promote and serve as advocates for the organization's mission of empowering immigrants. They follow a process of administering a questionnaire to interested political candidates and have them sign a policy pledge before they endorse them.

According to the senior strategist, "Each year, whether for state, federal or local office, we give the candidates a questionnaire and policy platform pledge to sign. The policy platform is described as a representation of the areas of interest that NYIC is interested in promoting, which the candidates that want an endorsement will have to sign into while campaigning and in the office.

"So, if a candidate signs our pledge, they fill out our questionnaire explaining their background, their connection to immigrant communities and immigrant organizations, and they explain their plan for immigrant justice in their district and the state. And that process happens

between January and March each year," said Ross.

Furthermore, he explained that "This year, which is a local election year in New York City, we have the 2023 vision for New York City policy platform pledge, which is a vision and values statement for our organization." He added, "It ensures that the candidate will advance immigrant rights and power in the political process and focuses on five policy areas: criminal justice, education, health care, housing, democracy, and voting rights."

Process of Endorsement and Accountability To ensure that the candidates remain accountable after the endorsement and election into office, they make the policy pledge platform available as a public record. "Signing our pledge puts people on the public record supporting particular principles, policy goals, and legislation.

So now we have a public record. Thus, we can publicize that information if someone doesn't follow through and fulfill their pledge. And it will determine if we endorse them again or an opponent who could challenge them for office," he added.

Some of the specific pieces of legislation the policy pledge endorses include expanding language access, like funding for English language learning programs for cultural competency in schools and other areas, as detailed under the endorsements segment available on the organization's website – www.nyicaction.org The senior strategist emphasized the importance of the general election later in the year, which people need to know because of its significance in various districts such as District 43 in South Brooklyn, District 9 in Upper Manhattan and Harlem, and District 26 in Long Island City.

He explained, "We see many incumbents running unopposed or without a viable opponent, which makes it more important than it typically is in New York City. Five council districts will have a viable Republican candidate running against the Democrat, including Queens, the Bronx, and Brooklyn. These at least five districts could potentially go from Democrat to Republican."

Thus the 2023 New York City Council elections on November 7, with primaries taking place on June 27, 2023, remain crucial as NYIC continues to support the endorsement of candidates for the NYC Council. They intend to continue to build a legislative body that will keep fighting for pro-immigrant policies and contribute to a collective movement toward increasing the political power of immigrant communities across New York City.

Reaction to NYC Mayor Adam's Budget In reaction to the proposed budget cuts of Mayor Eric Adams's administration for the fiscal year 2024, which will affect various programs and social services, the senior strategist expressed concern over the intention.

"At NYIC action, we're very concerned by this budget cuts to things like public schools, libraries, parks, and other critical services that working New Yorkers, including immigrant New Yorkers, rely on."

He revealed they want to see total funding for the programs and increased spending for job programs for immigrant youth and people of color. "And we also want to see an expansion of funding for English language learning programs in our schools and more funding for legal services for immigrants; we are worried about cuts to services everyone uses," said Ross.

In response, NYIC Action will be supporting immigrant justice candidates to lobby over the issue. Ross stated, "Our responsibility is to support immigrant justice candidates for office and people who will champion our issues. We've endorsed 28 candidates for City Council in this year's election, and all of those candidates have pledged to support us on those issues."

Reaction to Proposal on DACA and Health Insurance In response to President Biden's recent announcement on his desire to include the Deferred Action for Childhood Arrivals (DACA) in accessing health insurance, he felt optimistic yet frustrated over the delay in taking a stand.

"That was very positive, but, on the other hand, we've continued to be frustrated by the lack of action to resolve the situation for DACA and a path to legal citizenship and overall," Ross reiterated.l

Listen to the interview with Senior Strategist Ross at YouTube.com/@InceptionFmRadio

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