The Immigrant’s Journal - Vol. 194

The Immigrant’s Journal Vol. 194

A Journey for a Better Life & Justice

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Protecting God’s Children From Distant Lands 26 Court Street, Suite 701, Brooklyn, NY 11242

www.theimmigrantsjournal.com Tel: 718-243-9431

June 15-30, 2023

Email: immjournal @aol.com

Green Card Soldier. The Cost of War: Displacement and Recruitment of Immigrants in the U.S. Military

BY JR HOLGUIN JOURNAL EXCLUSIVE

Mayor Adams, NYC Faith Leaders Launch Faith-based Shelter Program for Houses of Worship to Support Asylum Seeker Response ....2

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mmigrants and noncitizens have been lured into enlisting in the U.S. Military since its first wars, and as the U.S. faces a recruiting crisis, many, including veterans, warn those who plan on joining not to believe everything the recruiters promise.

Immigrants seeking to gain citizenship are often under the assumption that joincontinued on page 6

Visa Options for Chefs and Cooks to Immigrate to the U.S. ....17

Seeking Refuge: Navigating the Treacherous Path of Political Asylum

Sponsored Insert: Personal Injury Guide Focusing on Car Accidents....11

BY LINDA NWOKE

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n the complexity of global politics, the pursuit of safety and freedom often leads many people on a perilous journey from persecution and oppression to seeking refuge in another country. Various factors, such as an unwavering belief in democracy and human rights or ideas, can cause them to become subject to persecution in their native land.

For these individuals, there is light, as the United States asylum process protects those who fear persecution on continued on page 15

Insurance 101 for Immigrants: What You Need to Know ....20

Juarez, Mexico 10-21-2022: Venezuelan migrants cross the Rio Grande, the natural border between Mexico and the United States, families seek to request asylum. Editorial credit: David Peinado Romero / Shutterstock.com

Planning Succession for Your Business ....22

Ten Things to Do When Your Romantic Partner Starts Pulling Away ....18

IN THE COMMUNITY

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Mayor Adams, NYC Faith Leaders Launch Faithbased Shelter Program for Houses of Worship to Support Asylum Seeker Response

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s New York City continues to care for more than 46,000 asylum seekers, New York City Mayor Eric Adams today announced the creation of a faith-based shelter program — a new, two-year partnership with New York Disaster Interfaith Services (NYDIS) that will allow up to 50 houses of worship or faith-based spaces to offer overnight shelter for up to 19 single adult men at each location. To provide programming and support for asylum seekers during the day — while these faithbased spaces continue to offer their normal activities — the city will also open five daytime centers. Faith-based partnerships have played a critical role in the city’s response to the asylum seeker humanitarian crisis, and, at full scale, this program will host nearly 1,000 asylum seekers, with potential for further expansion.

“No matter what faith you practice, caring for those in need is part of every spiritual tradition,” said Mayor Adams. “As we continue to tackle this humanitarian crisis, I’m proud that through this new partnership with New York Disaster Interfaith Services, New York City’s faith community will be able to provide shel-

NEW YORK, NY - MAY 09: Pastor Gilford Monrose from Mount Zion Church in East Flatbush speaks at a press conference on gun violence in Times Square on May 9, 2021 in New York City.

Editorial credit: Ron Adar / Shutterstock.com

ter to asylum seekers in need at houses of worship throughout the five boroughs.

Not only will this increase the space we have by nearly 1,000 beds, but it will also connect asylum seekers with local communities. New York City continues to do all that we can to address this crisis, but we need additional assistance from other partners.”

"The city’s response to the asylum seeker crisis has not only required a whole-of-government effort, but has also taken a citywide effort that includes nonprofits, community organizations, volunteers, and the faith community," said Deputy Mayor for Health and Human

Services Anne Williams-Isom. "Today’s announcement with houses of worship, NYDIS, and the city demonstrates the strength of this response to meet the ongoing need. Thank you to NYDIS and to the faith community for coming together with us in this work to support people seeking asylum."

“Our city has witnessed an unprecedented influx of asylum seekers coming to New York City since last spring,” said Pastor Gil Monrose, executive director, Mayor’s Office of Faith-Based and Community Partnerships. “They are escaping violence, oppression, poverty, and, like all of us, want to live and sup-

port their families in peace. New York City is the city of immigrants, as attested by the words of Emma Lazarus engraved on the inner pedestal of the Statue of Liberty: ‘Give me your tired, your poor, your huddled masses yearning to breathe free.’ I am really grateful that faith leaders are opening their doors to asylum seekers — providing their space as well as the hands of the community to care for them. New York is truly a city of faith.”

The faith-based shelter program delivers on the faith initiatives outlined in “The Road Forward: A Blueprint to Address New York City’s Response to the Asylum Seeker Crisis,” and will not only expand the city’s ability to provide temporary shelter, but also help integrate asylum seekers into local communities.

The overnight centers will offer a full suite of services, including dining and social areas, shower facilities, meals, storage space, and more. The larger, daytime locations will also offer a full range of services — including meals and snacks, shower facilities, social areas, and additional services — to meet the needs of asylum seekers during the day.

To learn more visit www.theimmigrantsjournal.com

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3

TIME FOR ACTION

The Dreamers Advance at a Steady Pace; Everybody Keeps Failing Them

TEAM Publisher I.Q. INC. Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip

BY AMERICA’S VOICE

Senior Writer Linda Nwoke

The report shows that: When the DACA policy launched, DACA recipients were generally younger people who were in high school,

Editorial credit: Diego G Diaz / Shutterstock.com

J

une 15 is anniversary number eleven of the executive order issued in 2012 by then Democratic President Barack Obama, creating Deferred Action for Childhood Arrivals (DACA). Much has changed for this group of so-called Dreamers, but unfortunately little has changed with the politicians who continue on without firming up a permanent migration solution that would legalize them.

Moreover, Republicans continue to attack the program in the courts and, in fact, thousands of people who could have benefited from deportation protection and work permits have not been able to do so, because the litigation doesn’t allow new applications to be submitted.

It is widely documented that Obama issued the order creating DACA in the midst of enormous political pressure led by the Dreamers themselves.

It was 2012, a general election year, and the discontent among Latino voters was more than evident, not only owing to the high number of deportations during the Obama administration, but also because he did not offer any relief to the Dreamers. After saying that he could not do anything at the executive level, the pressure was such that Obama announced the DACA program on June 15 of that year. And then, he was reelected with support of a greater margin of the Latino vote than in 2008—71% in 2012, compared to 67% in 2008.

Since then, there have been many failed attempts to provide a permanent legislative solution for the Dreamers, whether on their own or as part of broadscale immigration reform.

The organization FWD.us issued a comparative study about Dreamers who benefited from DACA in 2012 and their situation today, in 2023. The findings are revealing. It’s not just that they are no longer students, but professionals who have created their own families in the only country they know as home, and which they help and make better on a daily basis.

or who were just beginning their college education or their careers. According to FWD.us estimates, the average age of DACA recipients in 2012 was 21 years.

At that time, nearly half (45%) of approved applicants were enrolled in high school or college, while a slight majority (60%) participated in the labor force. For this first group, only slightly more than two-thirds (77%) had graduated from high school, and roughly a third (35%) had attained some college education. As many were in school or just beginning careers, DACA recipients earned a median income of only $4,000 per year.

Eleven years later, the analysis finds: The overwhelming majority (at least 86%) of this initial group of DACA recipients from 2012 now participates in the labor force, while a small share is enrolled in a college or university program (less than 10%). Nearly all DACA recipients—99%—have graduated from high school, and about half (at least 48%) have attained at least some college education. This first cohort of DACA recipients has increased their median income sevenfold since 2012, and since DACA’s start has contributed $108 billion to the economy as well as $33 billion in combined taxes. Many are now building families too: more than one-third (39%) of DACA recipients in this cohort have married, and nearly half (48%) now have at least one child in the home.

What the results of this study show is one of the most irrefutable truths about the Dreamers’ experience: that they have already made their lives here and are so integrated into the U.S. social fabric that it’s impossible to conceive of this nation

without their presence.

First, because they achieved the protection of this program with their own struggle; second, because throughout all these years they have not stopped defending their right to be recognized as an integral part of the United States; and third, because they—with their work, academic knowledge, and entrepreneurial spirit— have become one of the greatest examples of what the U.S. spirit represents.

That’s why every research study about DACA tells us the Dreamers add more than $40 billion per year to the Gross Domestic Product (GDP), which translates into almost six times more than the $7 billion DACA costs the United States.

Dreamers’ progress and their contributions to the economy constitute a whitegloved slap in the face to anti-immigrant people who perhaps resent their progress, being largely immigrants of color. But this blindness ignores that these migrants’ advancement means more taxes and more contributions to programs, like Social Security and Medicare, that benefit the entire country.

However, the racism of the ultra-conservative sector and the Democrats’ lack of guts to confront them bring us to another DACA anniversary without a permanent solution.

Despite this, the Dreamers have already forged their own chapter in this country’s history.l The mission of America’s Voice (AV) s to build the public support and the political will needed to enact policy changes that secure freedom and opportunity for immigrants in America. Priority goal: win reforms that put 11 million undocumented Americans on a path to full citizenship.

Contributing Writers JR Holguin Janet Howard Chris Tobias Mary Campbell Graphic & Website Designers Praim Samsoondar Kendrick Williams 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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AMERICAN DREAM Green Card Soldier/ continued from page 1 ing the military can expedite the process and protect them from deportation. Still, Dr. Sofya Aptekar, Associate Professor of Urban Studies at the City University of New York School of Labor and Urban Studies and author of Green Card Soldier: Between Model Immigrant and Security Threat, says this is far from true.

"Currently, there's such a level of securitization and criminalization that people are just better off applying for citizenship as civilians," said Aptekar.

In her new book, Aptekar interviewed seventy-two immigrants who had enlisted in the U.S. military, including some who were deported after having completed time in the military, including decorated combat veterans.

Aptekar notes that the naturalization process through enlistment takes longer than that of a regular civilian. "What's important to know is that there is a promise of a fast track to citizenship through the military for those who do not yet have the citizenship, but it's actually now slower than becoming a citizen as a civilian."

This uncertainty persists despite the Biden administration's promise to "facilitate naturalization for eligible candidates born abroad and members of the military, in consultation with the Department of Defense."

Deported Veterans The exact number of deported veterans is unknown. USCIS, ICE, and the U.S.

4 Border Customs and Border Protection have done a degrading job at keeping records of the amount of deported veterans and the reasons for the deportation.

The number is believed to be in the thousands.

Many deported veterans immigrated to the U.S. as children making it the only home they have ever known. When deported to these countries, they have no family, home, or knowledge of where they are sent to, and many do not speak the language.

These veterans suffer from physical injuries from their time in the service, emotional trauma that leads to PTSD, homelessness, hunger, and the threats of drug cartels.

A 2016 report by the ACLU of California, "Discharged, Then Discarded," dives into the distressing experiences of deported veterans and the reasons why they were deported.

Veterans with minor offenses were deported after their violations were unjustly reclassified from minor to one harsh enough to be deported from the country they served.

One sure way veterans are guaranteed a return ticket home is to be repatriated after death and given a military funeral.

We Are Here Because You Are There The United States military has created a cycle of recruiting immigrants that have fled their home countries due to conflicts involving the U.S. "The United States and its military help create migration by disrupting communities across the globe," said Aptekar. "The

Dr Sofya Aptekar, Author of Green Card Soldier: Between Model Immigrant and Security Threat. Photo courtesy: Dr Sofya Aptekar. Her book can be purchased at www.sofyaaptekar.com

military recruits the same displaced people as troops touting their high quality and their language and cultural skills that are viewed by the military as combat multipliers."

The 2021 report by Brown University, "The Cost of War," was the first to track how many have been displaced by conflict. The report states it "conservatively estimates that at least 37 million people have fled their homes in the eight most violent wars the U.S. military has launched or participated in since 2001."

The report lists displacement in waraffected countries, including Afghanistan, Pakistan, Yemen, Somalia, the Philippines, Iraq, and Syria. The Philippines accounts for two percent of the total displaced at 1,724,857, yet it makes for 22.8 percent of those immi-

grants and noncitizens enlisted in the U.S. military.

As of April 2023, the U.S. plans to establish four military bases in the Philippine Islands as tension with China increases, specifically in the South China Sea. This could lead to more displacement.

Migrants and noncitizens make up about five percent of those enlisted across all branches of the armed forces, and many join for many reasons. Some of those are financial, the need to prove their loyalty to the U.S., a sense of belonging, and primarily the opportunity to gain a pathway toward citizenship.

The most basic requirement to join a military branch is to have a U.S. permanent resident card or Green Card and speak, write, and read English. One can join most branches starting at the age of 17. Joining to enter the U.S. or obtain a visa is not an option.

As the U.S. military faces a recruiting crisis, not only have they eased the requirement for citizens, but once again, the government turns to immigrants to help fill roles.

"In this context of the pretty dire recruitment crisis especially, immigrants are considered to be higher quality," said Aptekar. "They're more likely to meet the qualification for enlistment and are less likely to drop out. And as I mentioned, they bring the skills that the military wants. They are frankly more exploitable."l Listen to an interview with Dr. Sofya Aptekar at www.theimmigrantsjournal.com

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FAMILY MATTERS

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Immigrant Advocates and Elected Officials Rally for Early Childhood Funding in NYC Budget

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ew York, NY: On Tuesday, June 13, the New York Immigration Coalition (NYIC), Campaign for Children, elected officials, member organizations, allies, and immigrant New Yorkers rallied and held a press conference in City Hall Park.

Nearly a third of all parents of children under five years old in New York City are Limited English Proficient (LEP).

Immigrant parents want to enroll their kids in early education programs that will get them on the right path for school, but significant barriers exist for many of these families. That is why New York City must invest $4 million in a city-wide expansion of the Linking Immigrant Families to Early Childhood Education (LIFE) Project, a proven early childhood outreach, application and enrollment support program specifically designed to meet the needs of LEP and digitally disconnected families, to address these barriers. The City must also fund $20 million in the successful Promise NYC program so undocumented families continue to have access to quality childcare. The

Photo courtesy: NYICm

NYC FY24 budget must also bolster the overall early childhood system to achieve pay equity for the early childhood workforce, on-site and year-round enrollment, protection of current 3-K seats, restoration of the 3-K expansion timeline, and expanded access to infant and toddler care and year-round programs.

“The City budget must meet the needs of undocumented children and their families who rely on these programs to pro-

vide safe, enriching care for their children while their families work. By delegating $20 million for the Promise NYC program, the Mayor and City Council can ensure that young children, regardless of status, will have the opportunity for care, especially those from families seeking asylum who are building new lives as New Yorkers. To fulfill the gold star promise of 3-K for all, every child should have an early childhood seat available in

their neighborhood with proper outreach, on time payments to providers, and a living wage for care workers,” said Comptroller Brad Lander.

"Access to quality early childhood education is not just an investment in our children; it is an investment in the future of our city,” said Councilmember Rita Joseph, Education Committee Chair, District 40. “By ensuring that all New Yorkers have access and equal opportunity to early learning, we will pave the way for a stronger, more equitable society that thrives on the foundation of knowledge, compassion, and endless possibilities."

“From Promise NYC to Pre-K seats for our immigrant families, advocates have fought for years to create vital problems for our immigrant neighbors. But despite years of advocacy, these problems lack the funding to reach and fully empower immigrant families,” said Councilmember Shahana Hanif, Immigration Committee Chair, District 39. “Ensuring equitable, full investments in these crucial programs ensure the safecontinued on page 6

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FAMILY MATTERS

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Early Childhood Funding continued from page 5 ty and dignity of thousands of immigrant families in our City. Childcare investments are essential to gender justice, and I’m proud to fight for them alongside Council Member Caban, Comptroller Lander, as well as dozens of immigration and early childhood advocates.”

"During FY23, the successful roll out of Promise NYC ensured that all children and families were provided the quality care and education that they deserve,” said Councilmember Tiffany Cabán, District 22. As we look ahead to FY24, the city must not only maintain but expand funding for critical early childhood education and care vouchers for children. Today we call on the Mayor’s administration to redouble its efforts to support the continued arrival of families as they seek asylum."

"As a mother of four, building a brighter future for all New Yorkers begins with nurturing and investing in our youth. Our City Council will continue advocating for essential funding and resources that create an early childhood education system that leaves no child behind and forges a path forward where every family flourishes. By increasing funding for vital programs, New York City can set a precedent across the nation that Universal Childcare can be realized and that parents will no longer have to choose between their job and childcare,” said Councilmember Julie Menin, District 5.

Meet

“As we head into the final weeks of the NYC budget, it is critical that we bolster and expand our early childhood system rather than diminish it. By doubling funding for Promise NYC and investing $4M in the LIFE project, as well as make common sense changes to increase access to the system, we can create a welcoming early childhood system that supports all our youngest New Yorkers,” said Councilmember Chi Ossé, District 36.

“Organizations like the New York Immigration Coalition are doing the important work of raising awareness and connecting communities to programs like 3K and childcare. Their community efforts identify gaps in access and outreach, and their advocacy has improved worker conditions. I’m proud to support

NYIC’s LIFE Project and join in the call for salary parity for early childhood educators, better processes for outreach and enrollment, and a path to preserve 3-K and create more care options for working families, said Councilmember Carlina Rivera, District 2.

“New York City is facing a major affordability crisis, and nowhere is that more obvious than in the cost of childcare. By funding the LIFE Project, Promise NYC, and making reasonable investments in the early childhood system, New York can give more children the foundation they need for success and more families the relief they deserve,” said Liza Schwartzwald, Senior Manager of Economic Justice and Family Empowerment, New York Immigration Coalition. “Promise NYC and the City’s

public 3-K/Pre-K system have allowed unprecedented access to early childhood services for immigrant children, but without the proper funding for outreach and support, many families will never know that these programs exist and will remain shut out. We can’t let that happen.”

"As a working parent, I know first hand the importance of child care access. Last year NYC invested in making child care assistance available to families whose immigration status was a barrier. This year the city must do the same and invest more funding so that more families have access. That is a smart investment that pays dividends in so many ways, the social and emotional development of children, school readiness, and economic recovery and success,” said Smitha Milich, NYC Campaign Coordinator, Alliance for Quality Education.

"New York City's moms and families are counting on lawmakers to prioritize solutions to the child care crisis in this year's budget," said Diana Limongi, Campaign Director for Early Learning, MomsRising. "We need a budget that helps ensure all families, regardless of immigration status, can find and afford quality child care. New York is a city of immigrants, and immigrants power our economy. And all kids, no matter where they were born, deserve a strong start to their education. Investing in undocumented families and children is an investment in our city's future."l

Arely

a community health worker in Harlem "I learn something from each new family I work with, my goal is to share what I’ve learned to make parenting a little easier with each visit."

New Yorkers can access quality services at low to no cost to make pregnancy, birth, and infancy easier.

Call 311 or visit nyc.gov/health/babyhelp to find out about services, eligibility, and enrollment.

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LEGISLATIVE UPDATES7

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Rescission of Prior TPS Terminations and Extension of TPS for El Salvador, Honduras, Nepal, and Nicaragua

El Salvador The extension of TPS for El Salvador from Sept. 10, 2023, through March 9, 2025, allows approximately 239,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under El Salvador’s existing designation or Salvadoran nationals (and individuals having no nationality who last habitually resided in El Salvador) who have continuously resided in the United States since Feb. 13, 2001, and have been continuously physically pres-

ent since March 9, 2001, are eligible under this extension.

Honduras The extension of TPS for Honduras from Jan. 6, 2024, through July 5, 2025, allows approximately 76,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Honduras’ existing designation or Honduran nationals (and individuals having no nationality who last habitually resided in Honduras) who have continuously resided in the United States since Dec. 30, 1998, and have been continuously physically present since Jan. 5, 1999, are eligible under this extension.

Nepal The extension of TPS for Nepal from Dec. 25, 2023, through June 24, 2025, allows approximately 14,500 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Nepal’s existing designation or Nepali nationals (and individuals having no nationality who last habitually resided in Nepal) who have continuously resided

Editorial credit: Phil Pasquini / Shutterstock.com

T

he Department of Homeland Security (DHS) announced plans to rescind its prior terminations of Temporary Protected Status (TPS) for El Salvador, Honduras, Nepal, and Nicaragua and extend TPS designations for all four countries for 18 months. DHS will publish Federal Register notices (FRNs) for the El Salvador, Honduras, Nepal, and Nicaragua TPS rescissions and extensions and provide additional information on the re-registration process soon.

in the United States since June 24, 2015, and have been continuously physically present since June 24, 2015, are eligible under this extension.

Nicaragua The extension of TPS for Nicaragua from Jan. 6, 2024, through July 5, 2025, allows approximately 4,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Nicaragua’s existing designation or Nicaraguan nationals (and individuals having no nationality who last habitually resided in Nicaragua) who have continuously resided in the United States since

Dec. 30, 1998, and have been continuously physically present since Jan. 5, 1999, are eligible under this extension.

More Information Existing El Salvador, Honduras, Nepal, and Nicaragua TPS beneficiaries who wish to extend their status must re-register during the 60-day re-registration periods that will be detailed in the FRNs. The FRNs will automatically extend the validity of Employment Authorization Documents, Forms I-94, Arrival/Departure Record, and Forms I797, Notice of Action (Approval Notice).l

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WELCOME TO AMERICA

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Florida Wants All New Migrants Arriving at the Border Locked Up. The Courts are Helping.

Editorial credit: Ruben2533 / Shutterstock.com

BY EMMA WINGER

F

lorida officials think the federal government must detain everyone – or virtually everyone – who arrives at the U.S.-Mexico border without a visa. And it is using the courts to try to make that happen. Just last week, the U.S. Court of Appeals for the Eleventh Circuit refused to stop two federal district court decisions out of Florida that interfere with the Biden administration’s ability to release people on parole.

For decades, across Republican and Democratic administrations, the federal government has used a variety of tools to release people who arrive at the border, or are stopped shortly after crossing the border, without immigration paperwork. The reasons are obvious: the federal government has never had the resources to lock everyone up and no administration has detained all new arrivals. This makes sense. The vast majority of immigrants who are released show up to their immigration hearings.

One key tool the federal government has to release people is parole.

Immigration law allows for the release of individuals not authorized to enter the

United States if there is an urgent humanitarian need or a significant public benefit. The Biden administration, like past administrations, has used various polices to guide release on parole. One policy, called “Parole + ATD [Alternatives to Detention],” was released in 2021 and updated July 2022.

The state of Florida, however, thinks it knows best how to manage the border. It has gone to court to force the federal government to do what it wants. Relying on discriminatory claims that new immi-

grants harm Florida, it brought a lawsuit to vacate the Parole + ATD policy. On March 8, 2023, the Florida federal court struck down the policy.

Anticipating an increase in people entering the United States at the southwest border, the Biden administration revised its parole policy before Title 42 ended. The new policy memo, known as “Parole with Conditions,” describes when and how certain individuals can be released on parole before being placed in removal proceedings under Immigration and Nationality Act section 240. The administration issued the policy on May 10, the day before Title 42 was set to expire.

Parole with Conditions only goes into effect if U.S. Customs and Border Protection (CBP) exceeds certain capacity thresholds. Only then may a particular CBP sector get permission to use the policy. It is necessary, the memo explains, because overcrowded conditions are dangerous both for the people in custody and the CBP officers themselves. An orderly release plan is important for the safety of people who are detained and the public at large.

If the policy is in effect in a CBP sector, CBP officers must individually evaluate each person for the possibility of release on parole. Only those who CBP determines should not be subjected to expedit-

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ed removal can be considered. The officer must vet the person’s identity, immigration background, any criminal history, and confirm their physical address upon release. The initial grant of parole is only for 60 days. During that time the person must appear with U.S. Immigration and Customs Enforcement (ICE) to receive the necessary paperwork to begin their deportation proceedings.

Florida immediately sued. On May 10, even before receiving the Parole with Conditions policy, Florida filed a new lawsuit in federal court to stop it. In a fortuitous twist for Florida, the case was assigned to the same judge who had struck down Parole + ATD. In short order, and with little additional analysis, that same judge issued a temporary restraining order (TRO) and then a preliminary injunction, preventing the federal government from using the Parole with Conditions policy.

According to the judge, the policy is illegal because it does not require the person to be re-detained, does not allow for sufficient vetting, and was not subjected to formal notice and comment rulemaking. In short, it micromanages discretionary release decisions.

On June 5, the U.S. Court of Appeals for the Eleventh Circuit refused to stay (pause) the Florida court’s orders vacating Parole + ATD and preventing the use of Parole with Conditions. The court of appeals found that the federal government had not shown that it would suffer serious harm without these policies. It pointed to the lower number of individuals arriving at the border and the fact that the government had waited nearly two months to appeal the Parole + ATD decision.

The court of appeals did not say, however, that the Florida district court decisions are legally correct. It will decide that question after hearing more arguments from both sides.

In the meantime, the Florida court has made clear it intends to enforce those orders, even threatening the federal government with contempt.

Florida’s challenge to the federal government’s ability to release people on parole is part of a larger attack on the government’s ability to release new arrivals at all. It has already amended its complaint to attack another federal government process for releasing people: promptly starting removal proceedings and then releasing individuals with orders of release on recognizance. Texas also has tried to attack the federal government’s use of parole to release people within the United States.

This push for mandatory detention is dangerous. It is not only cruel and unnecessary, but it is also impossible. A world in which Florida and other states get to force the federal government to detain all new migrants regardless of the human and administrative costs will not serve our national interest. And it certainly isn’t required by our laws.l

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BE EQUITY SMART

9

3 Credit Mistakes to Avoid If You're Trying to Secure a Mortgage Loan

BY EQUITY SMART REALTY INC

T

he mortgage application process can be fraught with a lot of stress on its own, but if you've experienced issues with your credit in the past it can be even more taxing. While there may be a lot of things you may not be aware of when it comes to their impact on your credit, here are some things to watch out for if you're planning to purchase a home in the short-term future.

Applying For Extra Credit Whether you've just been offered a great new deal by a department store or you're not even thinking about it, new credit cards can pop up with deals that are quite enticing in the moment. Unfortunately, applying for new credit can signal to lenders that you've run out of credit on your other cards. Not only that, it will also have an adverse impact on your credit score each time you apply for new credit. If you're considering a mortgage soon, it's a good idea to hold off on any additions to your wallet.

Not Paying Your Bills It may seem straightforward enough that not paying your bills is going to land you in hot water with your credit score, but

many people think paying the minimum at any time will do. The truth is that if you want to keep your credit in line and improve your odds, it's important to pay your minimum before the due date and always pay your bills. The only thing deferring payments will do is add marks against your credit, and this will be damaging come application time.

Don't Avoid Your Credit Report Many people who have a poor credit history are aware of the situation, but they're also unwilling to address it. While it may be difficult to approach your credit report if you've had some hiccups in the past, it's important to know what point you're

Call 888-670-6791 26 Court Street, Suite 701, Downtown Brooklyn

working forward from so you can move beyond it. Instead of ignoring it, get a copy of your credit report, and review the numbers. Not only will this enable you to address any errors, it means you'll be facing your issues head on.

Guidance There are several factors that can adversely affect your mortgage application, but by avoiding new credit and paying your bills on time you can have a positive impact on the result. If you're currently on the market for a new home, you may want to contact one of our professionals for more information. Call 888-670-6791.l

Call Equity Smart Realty at 888-670-6791. Get the best consultation!

JOBS & RECESSION

10

Join the Best Online Paralegal Program Now!

BY THE CHAMBER COALITION

T

he rise in popularity of online education programs means that it is easier than ever to find the right one for you. Deciding on the best paralegal online program requires research and time. By weeding out the level mills and sub-standard institutions, you can earn a quality certificate at an affordable price.

When researching online paralegal programs, you will want to consider several factors: cost and institution reputation are the most important. With this in mind, one program rises above the rest.

The Chamber Coalition, which comprises the New American Chamber of Commerce (NACC), the African American International Chamber of Commerce (AAICC), and the Hispanic American International Chamber of Commerce (HAICC), offers the best online Paralegal Studies program. The competitive tuition rate, coupled with the impeccable reputation of the Coalition, makes this an obvious choice for anyone serious about their education. This is a program of the highest standard.

Additional certificates include Lexis-

Nexis and CLIO. We also use CALI which is what is used in law schools.

Requirements To be admitted to the Chamber's Paralegal Certificate program, you must be at least eighteen years old, have strong computer skills, and have a high school diploma. If these qualifications fit you, you can continue the admission process.

Applications are accepted online anytime during the year. A mandatory orientation describes your upcoming classes, guidelines, and expectations.

The tuition for this respected program is very competitive with other online paralegal programs. It costs less than $1000 for the entire program. The aver-

age student can finish the degree in anywhere from six to twelve months. Books are extra and will run around a few hundred dollars for everything. If you want the best paralegal online program at the best price, the Chamber Coalition Paralegal Certificate Program is the answer. The program is excellent for aspiring and current paralegals, individuals who plan to attend law school, community advocates, persons who want to understand the law and their rights, and prospective political candidates.

Is Being a Paralegal Worth It? Yes. The Bureau of Labor Statistics projects a 10% job growth between now and 2029. The median salary nationwide in 2019 was $51,740, and the average mean wage was $61,810. It truly is a prestigious and significant profession. Simply put, paralegals help people. They help their employers be more efficient in their jobs, increase a firm's revenue and productivity, and help the clients.

A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. l

Looking to make extra cash? A side hustle?

We are looking for persons to sell advertisements. Experience in advertising sales is needed and preferably experience or a sincere interest in marketing.

Interested?

Send your resume to info@myiqinc.com

Orientation is Monday, June 26, 2023

Join us via Zoom at 6pm

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June 2023

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SPONSORED INSERT: Personal Injury

Law Firm of Figeroux & Associates Personal Injury Guide: Car Accidents

Addressing Personal Injury from Car Accidents in New York

BY LINDA NWOKE

A

cross the United States, vehicle accidents are the leading cause of personal injury claims. In a year, an average of 4.5 million people seek medical treatment for car accidents.

These injuries range from minor bruises and scrapes to permanent disability and death. If you or someone in your family has been injured or killed in a car accident in New York City, you should consult with the Law Firm of Figeroux & Associates. We are a law firm wellknown for our track record of litigation success in car accident cases. Our experienced personal injury attorneys have won large settlements for victims of car injuries.

Numerous examples of settlements on personal injury cases from vehicle accident lawsuits exist. For instance, there is a case against the City of New York for failing to repair a flooded roadway, which caused the motorist's accident and resulted in brain injuries.

A 35-year-old driver struck by another car that needed surgery filed a case for compensation for the treatment of injuries to her lumbar spine. Similarly, a 45-yearold passenger in her lane who stopped at a traffic light was hit from the rear. She required surgery on her neck and back.

Car accidents are commonplace in New York City, sometimes leading to traffic jams. They are more frequent during the weekday, especially around rush hours— lunchtime and evening commute leading to several crashes. Overall, thousands of vehicle crashes in New York State, with an average of 30 hits per hour around the Empire state.

Car Accident Statistics by Borough The statistics of vehicle-rated accidents across the five boroughs in New York City show that Brooklyn (Kings County)

QUEENS, NEW YORK - JULY 2: Car wreck on Vernon Boulevard Taken July 2, 2014 in Queens, NY. Editorial credit: eddtoro / Shutterstock.com

and Queens have the highest traffic-related deaths. Bronx county records slightly higher deaths than New York County. At the same time, Staten Island has the least number and is considered the least dangerous place. Interestingly most hospitalizations and death occur among pedestrians, while the vehicle occupants often end up seeking emergency treatment.

Types of Accidents in New York City The frequently seen type of accident in New City is collisions between passenger vehicles. The most occurring factors are violating traffic laws and distracted driving. Another common accident in the city is pedestrian accidents, which have been traced to speeding, distracted driving, failing to see pedestrians, or yielding to someone in a crosswalk. Car-bicycle collisions are also a significant cause of death in the city. An average of 3,800 bicycle-vehicle crashes in 2019 resulted in injuries or death to bicyclists.

What to Do After a Car Accident Most vehicle collisions are unexpected and brutal, with most victims feeling confused in the event's aftermath. Hence, the actions taken afterward can have both financial and health-related repercussions.

Most personal injury cases from car

accidents in New York are settled out of court. In contrast, some cases go to trial and are heard by a jury or judge. In cases where the driver was negligent, the victim may receive compensation for their experience of pain and suffering. However, many factors considered in passing judgment include providing irrefutable evidence that the injury was caused by accident and that the victim suffered a significant loss due to the accident.

Types of Personal Injury Occurring from Car Crash In general, life for many car accident victims is never the same. While the impact can range from mild to severe, victims sometimes must endure long-term medical treatments, including physical and psychological therapy. Some of the injuries caused by car accidents include soft tissue and bone injuries and traumatic brain injuries.

Some of these injuries are life-changing because they can take a long time before healing and is beside the unimaginable effect these accidents have on the victim's family members. However, the state of New York has laws that address some of the victims of personal injury from car accidents.

No-fault' Insurance In New York The No-fault insurance, also referred to as "Personal Injury Protection" (PIP) insurance, was approved by the state's lawmakers in the 70s. Car insurance lowers the cost of auto insurance by settling small claims outside the courts. The insurance companies handle paying the cost of up to $50,000 on behalf of their policyholders to victims. This will cover simple items like minor injuries, lost earnings, and medical bills, irrespective of who caused the accident. However, some conditions can make a person ineligible for a no-fault benefit. They include driving under the influence, intentional accidents, committing a felony, getting injured while riding in a stolen vehicle, and having an uninsured vehicle.

However, under New York State laws, a legal settlement can still be pursued over the victim's pain and suffering, injuries, and loss of personal property.

New York's Statute of Limitations It is worth noting that when an individual sustains a personal injury from an accident, there is a three-year gap to file a case before the state of New York.

Therefore, when an individual is seriously injured in a vehicle accident, the amount of time they must file a claim after a car accident is up to three years from the date of the accident. It is expedient for the injured person to seek medical treatment soon after the accident and legal advice from a car accident lawyer to review their case.

Factors that Affect a Car Accident Settlement's Value There is no uniform agreement or guideline on settling car accident settlements cases. Sometimes out-of-court settlements from accidents can be reached with the attorney. In the case that goes to trial, continued on page 2

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June 2023

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SPONSORED INSERT: Personal Injury

The Most Common Car Crash Injuries in New York

V

arious reports from the New York State Department of Health (NYSDOH) shows that car accidents cause the second-most common injury among New York residents.

Traffic accidents cause more injuries and deaths, leading to a high number of hospitalizations and a high number of visits to the emergency department visits. More than 1,900 New York residents die each year from fatal injuries caused by traffic accidents. Among them are many pedestrians (over 300), drivers and passengers (over 290), motorcyclists (over 100), bicyclists (over 30), and many unspecified persons.

Concerning hospitalizations from traffic-related injuries, more than 12,000 New Yorkers become patients each year, with the most significant number of drivers and passengers (6000+) as victims.

Many pedestrians (3000+) and motorcyclists (1500+) make up most of the victims. More than 136,000 New York State Residents are reportedly treated and released from an emergency department each year due to traffic-related injuries, with the occupants making up the highest number of patients.

The Most Prevalent Car Crash Injuries in New York Accidents have various types and levels of impact on drivers, passengers, and beyond. For vehicle occupants, some of the most common injuries among victims of a car crash in New York are bonerelated, internal, and psychological injuries. Referencing the data by the National Highway Safety Administration (NHSA), some of the frequently occurring injuries are: Bone Injuries: Neck, Knee, Back, Hip, Wrist, and other forms of broken bones in the body.

Broken Bones: A common, severe, and long-term type of injury sustained from car accidents in New York. It results from the strain against the seatbelt, blunt force trauma, and the crush between the car components and the surrounding environment. The arms and legs are often broken as they are least protected during a crash.

Whiplash/ Neck injuries: This is another common injury from accidents in New York. Upon impact, the head is forced to bend and thrash around differently, causing muscles and ligaments to tear along the neck.

Back or Spine Injuries: The back muscles are often torn, and victims experience dislocated discs due to the jolt to the body during the crash. This is because the spine experiences severe strain and stress.

Knee Injuries: This is a common injury found among drivers and front-side passengers who are slammed into the dashboard, glove box, or steering wheel, causing severe injuries to the surrounding bones, ligaments, and the knee's patella.

Hip Injuries: The hip bone gets injured when the victims are hit from the side of the car during a crash, especially in a Tbone or side-swiping accident. Often, the upper body is thrashed and bends to one side, causing dislocation or ruptured areas of the hip.

Accidents from Head-on Collisions: These accidents also result in hip injuries. In this case, the victim's weight suddenly shifts forward, putting a strain on the lower part of the seat belt across the lap, causing severe hip injuries.

Soft Tissue Injuries: Although not typically life-threatening, soft tissue injuries which affect the eyes, mouth, skin, and other soft tissue are among the most painful and long-term injuries obtained from traffic accidents in New York.

Stomach Injuries: The injuries to the stomach are caused by the seatbelt. They are mostly experienced as internal bleeding in the gut. They are not easily detected because the pain from these can be delayed for an extended period.

Nerve Damage: When the deep tissues are affected by blunt force trauma during an accident, the nerves can be damaged by debris, or exposed components, leading to partial or total loss of function in affected areas, either temporarily or permanently.

Chest Pain: Chest pains indicate many injuries following the car crash. The injuries are in the form of panic or heart attacks, rib cage or abdominal bruises, or more. These pains can also be delayed and arise afterward, depending on the type of injury causing the pain.

Emotional Suffering: Some emotional pain caused by traffic accidents result in anger, depression, and fear. Mood changes indicate traumatic brain trauma injuries from a car accident.

Psychological Trauma: Psychological trauma often occurs among the survivors of car accidents, and it is not related to the accident's severity. Victims often develop post-traumatic stress and other forms of association between driving and pain, fear, and sadness.

What Causes Car Accidents in New York?

Several factors lead to a car accident.

However, in New York, car crashes are linked to two significant factors, Driving While Intoxicated (DWI) and Drowsy Driving.

Driving While Intoxicated Drunk driving is a significant offense

among New York drivers, and many accidents have been attributed to drunk driving. In 2018, official data from New York State government reported that over 8,900 casualties were linked to alcohol intake. The amount of alcoholic content in a driver's blood impairs the ability to stay alert, focused, and attentive while driving. In New York State, the blood alcohol percentage (BAC) allowed is up to 0.18% while going, which is the equivalent of one drink.

Anything above that number attracts a fine of over $1000, a one-year jail sentence, or license revocation in some instances. This is ultimately one of the leading causes of pedestrian injuries in New York.

Drowsy Driving In 2018, New York State Traffic Safety Statistical Repository (TSSR) reported that over 4,000 drivers fell asleep behind the wheel, especially in late-night crashes. It is considered even more dangerous than driving while intoxicated. Some of the effects of drowsy driving are impaired decision-making, slow reactionary time, and lowered attention to other road users. Hence driving becomes a danger to both self and other road users.

Settling Car Accident Injuries in New York It is common practice for cases relating to a car accident to be settled in New York without trial. Many insurance companies will offer to resolve accident cases quickly. These settlements are much smaller than the amount a victim can receive post legal representation and compensation in court. Some typical settlements determined by courts include car repair costs, medical bills (past and future), lost wages, and time away from work.

However, suppose there is no injury from the collision. In that case, New York Law will not allow the victim to file a lawsuit against another person, even if the victim's car was damaged.

In delayed injuries, the victim can file a lawsuit for delayed damages even if they have passed the standard limit established by the statute of limitations but with a solid legal representation.

Different car accidents create higher risks of sustaining specific injuries and can be used to determine the person at fault during a collision.

Legal Assistance If you're being sued after a car accident, you need the services of an effective defense attorney who will help you build a solid chance to prove that you were at minimal fault for the accident. Contact the experienced Personal Injury Law Firm of Figeroux & Associates which can also help you prevent the issue from reaching the payout stage. Call 855-7688845 l

Personal Injury from Car Accidents/continued from page 1

ments from accidents can be reached with the attorney. In the case that goes to trial, the jury considers all aspects of damages — economic, non-economic, and punitive, especially in accidents caused by distracted driving and recklessness.

The amount of settlement awarded in New York State is determined by percentage. For instance, it can be agreed that the driver is 80% at fault. At the same time, the other such as occupants, etc., is 20% at fault, otherwise known as pure comparative negligence. They are determining the cost of medical treatment. All the documentation associated with the medical expenses during or after the accident must be considered for claims.

In determining the severity of personal injuries, settlements are largely determined by the level of the injury and seriousness of the damage. A minor damage will receive less money than a permanent, chronic, or severe injury.

Furthermore, the jury also reviews other factors during a trial, such as the worth of the other party's insurance, i.e., how much the other party's insurance policy carries. To determine if the person who caused the presenting situation that led to the car accident doesn't take high-value insurance coverage. All these require an expert view to help determine alternatives to obtaining an insurance claim or other revenue sources that will enable the defendant to provide a payout.

Therefore, some factors that influence compensation after a car accident are the law of shared fault and negligence, the number of economic damages, the severity of injuries, and the auto insurance policy limits. Most cases need legal support and expert advice, especially from personal injury attorneys.

Legal Assistance A personal injury attorney specializes in helping victims obtain settlements by providing legal assistance and advice after a car crash. The attorneys at the Personal Injury Law Firm of Figeroux & Associates possess a wide range of experience and the expertise needed to advocate for victims who have been placed in vulnerable positions from a car accident.

Call us at 855-768-8845 or schedule an appointment at www.askthelawyer.us l

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June 2023

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SPONSORED INSERT: Personal Injury

Do I Need a Lawyer After Being Injured in a Car Accident?

BY CHRIS TOBIAS

A

fter being injured in a car accident that was caused by the carelessness and negligence of somebody else, you might ask whether it's in your best interests to retain a car accident lawyer to represent you. In most cases, the answer is yes, you should.

That's because it's inevitable that disagreements will arise with the opposing insurance company during the processing of your claim. They're likely to involve issues on liability, damages, or how much money the insurer should pay to compensate you for your injuries and damages fully. An experienced and effective car accident lawyer at the Law Firm of Figeroux & Associates will know how to respond to any such disagreements while preserving and protecting your rights during the claim or litigation process.

The Opposing Insurer Will Try to Devalue Your Case Auto Insurance companies make money by depositing premium payments made by their customers and investing that

money to make even more money. Then, when liability claims are made against their customers, they search for ways to minimize the sums they'll need to pay accident victims or even not pay them anything. An accomplished car accident lawyer can help prevent such tactics while protecting their client's right to full compensation.

You're Likely to Make Mistakes When Representing Yourself Every car insurance company has its teams of trained adjusters and defense lawyers who seem threatening and intimidating to victims who are continuing to recover from their injuries. The last thing you want to do during your recovery is to argue with an opposing adjuster and chase around for records, bills, and

reports from your healthcare providers or other entities. You might even be on prescription medication when the opposing insurer's adjuster phones you and requests more information. Your attorney can attend to any calls or chasing for you.

They know when to put an end to it, too.

Don't Give a Statement of Any Kind It's not uncommon for a car accident victim to be contacted by an insurance company's adjuster before they are even capable of consulting with an attorney.

The adjuster might ask for a recorded statement from the victim for purported purposes of wrapping up the claim and getting rid of it.

Giving such a statement is often the biggest mistake an unrepresented accident victim can make. The law doesn't

require the victim to do that without an attorney being present on their behalf. No matter how pressured you might feel, never give any written or recorded statement to an opposing insurance company without an attorney being present on your behalf. That adjuster already knows what happened. They have already spoken with the person who caused your accident and even have a copy of the police accident report in front of them when phoning you.

Even the most successful car accident lawyers offer prospective new clients free consultations and case reviews. They also take cases on a contingency fee basis, so no out-of-pocket money must be paid for them to represent you.

Consulting with and retaining such an attorney as soon as possible after a car accident caused by somebody else will assure that your right to compensation for the injuries and damages you suffered will be preserved, protected, and asserted. Contact the Law Firm of Figeroux & Associates at 855-768-8845 or www.askthelawyer.us before the opposing insurer contacts you.l

Creditors’ Harassments!

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 718-222-3155 for a consultation today!

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

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SPONSORED INSERT: Personal Injury

Children & Car Accidents: Reducing the Risks!

Reducing the risk to child passengers can be done by taking the following steps: 1.Always ensure that the child is safely secured in the vehicle.

2.Discourage risky activities and play while on board a car.

3.Avoid any showmanship and road rage as you drive because this will set a poor example for the children in your vehicle.

4.Train the children on safety while on board a vehicle.

BY CHRIS TOBIAS

A

ccording to statistics, car accidents are among the leading cause of deaths among children in the USA. About 45% of deaths among children are because of car accidents.

What can you do if there is a car accident involving your child? During this difficult time, you need a strong advocate on your side like the attorneys at the Personal Injury Law Firm of Figeroux & Associates.

How can we deal with the greater risks that children face when it comes to car accidents? Child victims in car accidents can be placed in two categories. There are those who are passengers and there are those who are pedestrians. It is important to realize that a lack of precautionary measures has been the main reason for child victims of car accidents in both scenarios. Children need keen supervision whenever they are walking along the road, crossing a road or in any other situation where they are interacting with traffic. Further, they need to be looked after when in transit aboard a vehicle and the necessary precautions

While these measures will not eliminate child victims of car accidents, they will greatly reduce the risk children face while traveling along the roads or when in a car. taken so as to ensure they remain safe under any circumstances.

For child pedestrians the following measures can help reduce the risk of accidents among children.

1.Close supervision of children at all times when near a road.

2.Training of children in road safety and teaching them safe road use.

3.Educating drivers and other road users on “Child safe road use.”

What Can You Do? A personal injury attorney specializes in helping victims obtain settlements by providing legal assistance and advice after a car crash. The attorneys at the Personal Injury Law Firm of Figeroux & Associates possess a wide range of experience and the expertise needed to advocate for children who have been in car accidents. Call us at 855-768-8845 or schedule an appointment at www.askthelawyer.usl

Mistakes to Avoid

I

f you or a loved one were in a car accident, please avoid the following mistakes:

Delaying or neglecting to seek medical treatment A common mistake personal injury victims make is failing to see a doctor as soon as possible.

Making untruthful statements about your injuries One of the biggest mistakes a victim can make in a personal injury case is to lie about or exaggerate the extent of their injuries.

Failure to secure legal representation That's one of the biggest mistakes you can make. It will cost you big time.

Speaking with insurance companies without legal representation Insurance companies are mainly concerned with protecting their interests, meaning minimizing the compensation they pay out for personal injury claims.

When one talks directly with an insurance company, they may inadvertently provide information that the insurance company can use to deny or reduce the value of their claim. Statements can be taken out of context or used against you in court.l

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HOW TO GET A GREEN CARD

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Seeking Refuge/ continued from page 1

longer safe or harmful to return to for political reasons. This can be because they criticize their home country online or introduce a new law in their country of origin that could harm many people.

religious or political grounds through the concept of political asylum. However, applicants must qualify for asylum in the United States either through the affirmative process or the defensive approach.

Qualifications for Asylum An asylum applicant must show evidence that their fear of persecution is not baseless. There must be proof to support your claim before the immigration court. The application will only be allowed if the applicant meets the standard definition of asylum.

Secondly, the applicant's presence is required at the entry port in the United States or a port of entry. The asylumseeking process is lengthy, with many cases denied by asylum officers and immigration judges.

According to attorney-at-law Brian Figeroux of Figeroux and Associates, "If you want to file for political asylum in America, you must still get yourself to the border, but they have special processes."

Affirmative Asylum Processing with U.S. Citizenship and Immigration Services (USCIS) Under the affirmative asylum process, the applicant must be in the United States to apply, irrespective of how they got into the country or their current immigration status. The applicant must make an application within twelve months of their last

Extraordinary circumstances: such as serious illness, physical or mental disability, or legal or procedural impediments, are some examples that can be considered exceptional circumstances that can cause a delay in the filing of the application.

Juárez, Mexico, 03-12-2023: Hundreds of migrants of different nationalities protested at the international bridge in the hope that they would receive them to request humanitarian asylum. Editorial credit: David Peinado Romero / Shutterstock.com

arrival in the country.

"The people with their visitor's visas are the first batch that comes here, apply for political asylum within a year of entering the U.S., or in some cases, they apply for TPS, or temporary protected status, which sometimes may last for decades," says Mr. Figeroux.

Furthermore, they might undergo an interview with an asylum officer, and upon approval, they become asylees.

However, if denied, their case may be referred to an immigration court for removal proceedings.

If they failed to file within the one-year arrival period, perhaps due to factors like a lack of legal assistance, or instability, they would need to present evidence of the cause of the delay. This situation can only be considered if it falls into some categories and is treated on a case-bycase basis.

The Impact of Not Filing for Asylum Before the Year Deadline Migrants who cannot meet the prescribed criteria for lateness could risk having their asylum claim denied. However, there are exceptions to the one-year deadline for filing an asylum application.

Note that the one-year filing deadline starts when the asylum applicant enters the country. Failure to adhere to the 'entrance date guideline' makes the case difficult to defend. There is a higher possibility of denial and potential deportation.

However, three exceptions for extraordinary circumstances, considered on a case-by-case basis, permit individuals to file asylum claims after the one-year deadline.

Change of circumstance: such as when the applicant's home country becomes no

Minor children: Those under 18 qualify for an exception because of the legal complexity involved in the filing process; however, upon turning 18, they are expected to file their asylum application.

Defensive Asylum Processing with EOIR When an asylum applicant's case is deferred to an immigration court for removal proceedings, it becomes a defensive asylum claim as the migrant seeks a defense against deportation or removal from the United States. For the processing to be defensive, the individual has to be in removal proceedings in immigration court based on the Executive Office for Immigration Review (EOIR).

The process is done in two main ways: • First is being referred by USCIS to an immigration judge after being deemed continued on page 16

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HOW TO GET A GREEN CARD

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Seeking Refuge continued from page 15 unqualified for the affirmative asylum process, alternatively, • The applicant is in removal proceedings as a result of the following: -Being arrested within the USA or at a port entrance without proper documentation or having been found to have violated the rules of immigration status; or being apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper legal process, placed in the expedited removal process, and discovered to have a credible fear of torture or persecution by an asylum officer.

They assert their eligibility for asylum during immigration court proceedings before an immigration judge. If the judge denies their claim, they may be able to appeal the decision.

The defensive asylum approach is activated if the asylum seeker is detained by U.S. Customs and Border Protection (CBP) officers. This happens when the migrant enters the United States without a visa but seeks asylum. It automatically puts them in deportation proceedings because they entered the country without permission, such as a visa.

However, if denied, the following steps should be considered for a possible reversal of the decision.

Tips on Next Steps when Asylum Application is Denied There are a few opportunities to reconsider the decision and remain in the

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

United States. First, consider hiring an experienced immigration attorney for guidance through the process.

Asylum Office Denial If the asylum application was voluntarily submitted at an immigration office, an asylum officer will review the case, an interview will be conducted, and a letter stating approval or denial will be sent to confirm the decision. If denied, it goes to an immigration court for review by an immigration judge, and a decision is given after the hearing.

Denial by the Immigration Court Upon denial by the immigration judge, the case can be presented by mail to the Board of Immigration Appeals (BIA) within thirty days of the immigration judge's decision. The board reviews the applicants' written evidence and their hearing transcript at the court.

The applicant's attorney drafts the paperwork, including a brief for an appeal. The process takes about a year for a decision to be reached.

BIA Denial If the BIA denies the request, another appeal is filed through the federal U.S.

Circuit Court of Appeals through the attorney. An applicant needs a legal brief explaining why the BIA made the wrong decision. After the oral arguments, the court can reverse the denial or return the case to a judge.

Denied by the U.S. Court of Appeals If denied again, there is one last chance at the court of appeals before the Supreme Court, which may hear the case after the lawyer submits a writ of certiorari.

Notably, the U.S. Supreme Court is not obligated to consider the issue. They only attend a limited number of cases throughout the year.

Value of Hiring an Experienced Attorney for Your Asylum Appeal Undeniably, the asylum appeal process is complicated and requires a professional to guide you. Ultimately, the lawyer you hire does make a difference. You can hire an experienced attorney to help with your immigration case. Brian Figeroux has over a quarter of a century immigration practicing law. Contact the Law Firm of Figeroux & Associates at 855-768-8845 or visit www.askthelawyer.us to schedule an appointment. l

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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.

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17

Visa Options for Chefs and Cooks to Immigrate to the U.S.

BY JR HOLGUIN

T

here is a significant need for highquality international cooks in the United States, and the hospitality industry, which includes ethnic restaurants and other private companies, has a continual need for talented international chefs.

For most, sponsorship of foreign cooks for work in the United States can require time and effort. Under U.S. immigration restrictions, skilled foreign chefs have limited alternatives for the help of any professional sector.

Immigrants work in nearly one-third of the major occupations in the restaurant and food service industry, including roughly one-third of chefs and cooks, one-fifth of food service managers and food preparation workers, one-fifth of fast food and counter workers, and onesixth of cashiers and delivery workers.

One reason it's challenging to sponsor a foreign chef is because the U.S. Immigration Service compares gourmet cooking to working in fast food restaurants. Immigration permits are available

to cover positions not rapidly filled by U.S. workers. In theory, because many people in the United States can "cook," the labor of practically any chef could theoretically be done by many available U.S. workers.

The Department of Labor (DOL) publications distinguish between cook and

chef positions. Chefs generally have more administrative duties than cooks, primarily responsible for food preparation.

Despite the challenges, a few visas are available for cooks and chefs.

E-2 permits may be awarded to chefs holding managerial or specialist roles so they can work for a qualifying E-2 firm.

For instance, a large Caribbean restaurant chain like Bahama Breeze may use E-2 visas to hire various Caribbean chefs. A small E-2-qualified restaurant can also justify hiring a chef in a supervisory or specialized role. Chefs who open their restaurants are eligible for E-2 status as significant investors.

USCIS did not grant H-1B visas to chefs in the past since they were not regarded as professionals or specialists.

However, the record indicates that chefs working for upscale hotels and restaurants can be given H-1B visas. Instead of working in front of a stove, the foreign national typically must perform management-related tasks most of the time. It is frequently necessary to present expert testimony from an expert to demonstrate

that the role is sufficiently demanding to necessitate a culinary arts degree.

With H-2B visas, chefs may be eligible for temporary employment during a busy season. For instance, the job is with a ski resort for the wintertime. The employer will not be permitted to sponsor the foreign national for a permanent labor certification for that employment once it has established that the work is temporary or seasonal.

A J-1 visa is available for A young cook seeking exposure to how a restaurant operates in the U.S. for up to 18 months.

Numerous organizations with J-1 programs are authorized explicitly for culinary arts training.

Despite the need for immigrants from all trades in this country, policymakers make it challenging yearly. It is strategic for chefs and cooks who want to immigrate to the United States to hire an immigration lawyer to help with the complicated process.l ASK THE LAWYER To schedule an appointment call 855-768-8845 or visit www.askthelawyer.us

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18

LOVE & RELATIONSHIPS

Ten Things to Do When Your Romantic Partner Starts Pulling Away some time to think things over and give them a little space, then talk to your partner about things in a non-confrontational way. Taking this step is better than overanalyzing the situation and drawing incorrect conclusions.

BY MARY CAMPBELL

D

o you feel that your romantic partner is less close to you than they once were? Are you anxious to rekindle the connection? Here you can read about why romantic partners pull away and what you can do to remedy the situation.

Why Your Partner Is Acting Distant There are many reasons why romantic partners may pull away from each other.

Sometimes, it's due to external factors such as work or family obligations that take up much of their time and energy.

Other times, it could be due to a change in feelings or a lack of emotional connection. It could also be that your romantic partner feels suffocated or overwhelmed by your need for constant attention and affection.

If you're concerned about a recent lack of connection with your significant other, try doing some or all of the 10 following things to see if you can overcome the issue you are having together.

Do Not Panic It's not unusual for couples to experience some distance at times. Their pulling

Focus on Yourself Instead of thinking about the relationship and how things might be going between you, take time to engage in activities you enjoy and pursue your passions. There is more to life than worrying about relationships, so live your life. away might have nothing to do with you.

Your partner could be acting distant only because they feel stressed due to work commitments.

ner is feeling. Instead, focus on your feelings. Are you feeling neglected or unappreciated? Take some time to figure out what you need from the relationship.

Give Them Space Sometimes, a little distance can help both of you gain perspective and clarity. You will gain nothing by forcing communication before your partner wants a conversation. Show your partner your patience and allow them to reflect.

Do Not Jump to Conclusions Do not assume that your partner is pulling away because they no longer love you or due to something you did. Trying to figure out all possibilities and scrutinizing the situation before you know the facts will not benefit your mental health.

Think About How You Feel Do not overthink about what your part-

Honest Communication If you are feeling hurt or confused, take

Seek Support Lean on your friends or family.

Sometimes, talking to someone outside the relationship can help you gain perspective. Do not feel that reaching out to others when troubled makes you burdensome. Talk things through with people you trust when feeling uncertain about your life.

If you are concerned about how much time you spend thinking about your relationship and its potential to go wrong, consider approaching a therapist for help.

Therapies such as CBT (cognitive behavcontinued on page 19

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19

LOVE & RELATIONSHIPS USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

When Your Romantic Partner Starts Pulling Away/ continued from page 18

U ioral therapy) can do a lot to help you overcome such issues.

Force Nothing You cannot force someone to have a close relationship with you, so do not attempt to control the situation. If your partner tells you they require space, respect their boundaries and give them time to come back to you.

Watch Your Health Take care of yourself physically and emotionally. Make sure you are getting enough sleep, exercise, and healthy food.

Do not neglect yourself or self-medicate in ways that ultimately damage your physical or mental health.

Do Not Just Give Up Remember that relationships go through

ups and downs. Do not give up on your partner or the relationship too quickly.

Instead, have an honest conversation about what you need from the relationship. Sometimes, a little distance can bring you closer together in the long run.

A Happy Future In the end, your relationship will work out or it will not. Try to maintain an attitude of abundance. Your current relationship may well end up working out.

However, even if the relationship does not work, it will open the door for you to experience something more fruitful with someone else. Not only that, but every failed relationship offers you the opportunity to learn more about yourself and your needs so that you can evolve. Either way, understand that you deserve and can obtain a happy future.l

.S. Citizenship and Immigration Services on June 14 released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).

For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements: •The principal applicant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, in either the 1st, 2nd, or 3rd employmentbased preference category; •The principal applicant is in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when they file the Form I-765, Application for Employment Authorization; •The principal applicant has not filed an adjustment of status application; •An immigrant visa is not available to the principal applicant based on the applicant’s priority date according to the relevant Final Action Date in the U.S.

Department of State’s Visa Bulletin in effect when they file Form I-765; •The applicant and their dependents provide biometrics as required; •The applicant and their dependents have not been convicted of a felony or two or more misdemeanors; and •USCIS determines, as a matter of discretion, that the principal applicant demonstrates compelling circumstances that justify the issuance of employment authorization.

The guidance covers compelling circumstances for principal applicants and their dependents and provides a nonexhaustive list of situations that could lead to a finding that compelling circumstances exist, including serious illness and disability, employer dispute or retaliation, other substantial harm to the applicant, or significant disruption to the employer.

The guidance also provides details on evidence an applicant could submit to demonstrate one of these compelling circumstances. l

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IMMIGRANTS’ CONCERNS

20

Insurance 101 for Immigrants ical care, which can be vital if they are ineligible for government-funded healthcare programs. Without insurance, immigrants may face unaffordable high medical bills, leading to financial hardship or even bankruptcy.

•Protection of Assets: Insurance can help protect immigrants' assets from unexpected events, such as theft, fire, or natural disasters. For example, suppose an immigrant's home is damaged in a fire; home insurance can help cover the cost of repairs or replacement.

•Liability Coverage: This protects against a lawsuit or legal claims.

BY LINDA NWOKE

T

he best-laid plans in life can go wrong, as unexpected events can happen at any time resulting in significant losses or untold hardship.

Irrespective of your circumstance, everyone needs some form of buffer, which is one of the benefits of insurance.

It is a valuable tool for anyone who wants to protect their assets, themselves, and loved ones from unexpected events and financial hardships. For instance, having car insurance can save a car owner or user from financial loss in case of an accident. Homeowners' insurance can help cover damage from natural disasters or accidents if you own a home.

And for many with dependents who rely on their income, life insurance can provide financial support to the family members in case of death.

Similarly, health insurance can help cover the high costs of medical treatment. In contrast, disability insurance provides an income if a worker cannot work due to an injury or illness.

Insurance provides peace of mind and protection against unforeseen circumstances, even for the young and healthy.

Common Myths About Insurance Despite these facts, many people ignore

the value of insurance. There are various excuses and myths around the commodity, especially among immigrants, such as: "I can't afford insurance." They assume that insurance is expensive and, therefore, not an option for them. However, different types of insurance plans with varying coverage levels fit every budget.

Among the relatively young and healthy, they say, "I don't need insurance because I'm healthy." Yet, accidents and illnesses can happen to anyone without any notice, and not having insurance can result in financial devastation.

Many immigrant renters say, "I don't need renters' insurance because my landlord has insurance." That might be true because the landlord may have insurance

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to cover the building, yet it is unlikely to cover the tenant's personal belongings.

Interestingly, renters' insurance is relatively inexpensive and can protect your possessions.

The final least popular Insurance among immigrants is life insurance.

Many claim they don't need life insurance because they don't have dependents, while for others, it is a cultural issue. Life insurance is not just for people with dependents, and another fact is 'everyone will die someday.' So, life insurance can help cover funeral expenses and outstanding debts, which can be a burden to loved ones if they suddenly pass away.

Types of Insurance Many types of Insurance are available, each designed to protect against specific risks and potential losses. Some popular ones are Health insurance, which covers medical expenses, including doctor visits, hospital stays, and prescription medications.

Life insurance provides a payout to the policyholder's beneficiaries in the event of their death. It is used to help cover end-related expenses or give financial support to loved ones.

Auto insurance covers damage to the policyholder's vehicle and liability coverage for injuries or property damage caused by the policyholder while driving.

Homeowners insurance supports coverage for damage to the policyholder's home and personal property and liability coverage for injuries or property damage that occur on the property. Renters' insurance protects private property and liability coverage for renters who do not own it.

Importance of Insurance to Immigrants The value of insurance to immigrants is unimaginable, as it provides a sense of financial security, rest, and protection against unexpected events that might deter them from succeeding in their new home country. For instance: •Peace of Mind: Insurance can provide immigrants with assurance, knowing they are protected from unexpected events and potential financial ruin. This can be especially valuable for immigrants starting a new life in a new country and facing various challenges and uncertainties.

•Medical Expenses: Health insurance help immigrants cover the costs of med-

Factors that Affect the Cost of Insurance In the case of individuals with a high premium, several factors can contribute to the individual's insurance rate. Nine critical factors can affect the type of insurance in question and the specific insurance company: •Age: Insurance companies often charge higher premiums to older individuals, as they are at a higher risk of needing medical care or making a claim.

•Health: An individual's health status can significantly impact their insurance rates.

Those with pre-existing conditions or chronic illnesses may be charged higher premiums because they might require medical care.

•Lifestyle Habits: Certain lifestyle habits, like smoking or heavy drinking, can increase an individual's risk of health problems and may result in higher insurance rates.

•Occupation: Some occupations are deemed more dangerous than others, and individuals who work in high-risk jobs are often charged higher insurance premiums.

•Geographic Location: Healthcare costs vary significantly depending on where the individual site is, as reflected in the insurance rates.

•Coverage Levels: The amount of coverage individual purchases can also impact their insurance rates. Higher levels of coverage typically come with higher premiums.

•Claims History: Individuals with a history of making insurance claims may be charged higher rates as they are higherrisk customers.

•Credit History: Some insurance companies may consider an individual's credit history when determining their rates, as they believe those with better credit are more likely to be responsible and make timely payments.

How to Choose an Insurance Provider Presently, there are over 5,925 insurance companies across the United States.

Thus, deciding on one to patronize can be daunting because of the numerous options in the market. However, adequate research and review of one's needs, including the insurance company's coverage, services, and price, must be noted.

Here are seven other things to consider: •Reviews and testimonials: Feedback continued on page 21

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IMMIGRANTS’ CONCERNS Insurance 101/ continued from page 20 from other customers will give you an idea of their experience with the insurance company. Look for both positive and negative feedback on trends.

•Reputation: This is a crucial factor when selecting an insurance company. A good track record of providing excellent customer service, settling claims promptly, and being financially stable must be noted.

•Coverage Options: Different insurance companies offer different coverage and policy options. Make sure the company you choose provides adequate coverage; at a price you can afford.

•Customer Service: This is an essential factor to note. Look for an insurance company that provides excellent customer service, with helpful representatives available to answer your questions and help when needed.

•Financial Stability: A financially stable and robust financial rating is essential.

You can research the company's financial stability by looking at its rating from independent rating agencies like A.M. Best or Standard & Poor's.

21

•Discounts and Incentives: Many insurance companies offer discounts and incentives for various reasons, such as bundling multiple policies, safe driving, or good health habits. Look for an insurance company that provides values and motivations relevant to your needs.

•Claims Process: If you need to make a claim, choosing an insurance company with a streamlined and efficient approach is essential. Look for companies with a good reputation for settling claims quickly and fairly.

Factors Immigrants Should Consider in Choosing an Insurance Provider in New York There are several reasons why insurance is generally more expensive in New York compared to other states in the US. Factors like high population density, high cost of living, strict insurance regulations, and severe weather conditions contribute to the high cost of insurance in the Empire State. Therefore, the decision to become a policyholder is a big deal.

However, there are some general guidelines worth considering when evaluating insurance companies for immigrants in

New York, such as: •Coverage: Look for an insurance company that provides coverage for the services you need, such as primary care, specialist care, hospitalization, emergency services, and prescription drugs. Also, consider the coverage limits, deductibles, and copayments.

•Affordability: Look for an insurance company that offers plans that fit your budget. Note their monthly premiums, deductibles, and copayments.

•Network: Look for an insurance company with a vast network of healthcare providers in New York.

•Customer Service: Find an insurance company with good customer service and support. Consider how easy it is to access customer support, the responsiveness of the support team, and the quality of their service.

•Reputation: Look for an insurance company with a good industry reputation.

Research the company's financial stability, customer reviews, and ratings from third-party rating agencies.

Becoming an insurance policyholder provides tangible and psychological benefits, which may appear delayed or futuristic, but it ultimately remains a good decision.l

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CONVERSATIONS

22

Planning Succession for Your Business

S

uccession planning involves creating a plan for someone to either own or run your business after you retire, become disabled, or die. In simple terms, succession planning is the process of passing control of the business to others. Here are some steps to take for succession planning: Find Successor If you are passing the business to a family member, you may consider transferring ownership through your estate planning process. Often, however, new management comes from your pool of existing employees. If you have a larger business (such as an LLC or a corporation), succession planning involves preparing people for management and leadership roles in order to replace you or other managers when the time arises.

Finding your replacement is difficult so plan ahead, it is best to start early.

Leaders are not always easy to find and it takes time to mentor someone into a management role. You will need to identify potential successors in your family or among employees. You can hire from outside the company, but it’s helpful to groom someone already in your business, over a period of time, so the transi-

leave your business. Even if someone leaves, a current employee should be ready to step into the vacated role. As the need arises, with good succession planning, employees or family members are ready for new leadership roles.

Ease Tax Exposure Tax exposure arises when one generation gives way to the next generation in a closely-held family business. In this case, succession planning and estate planning become intertwined by the family.

Multiple types of taxes must be considered when planning this type of succession, including: •Income tax •Gift tax •Generation-skipping tax •Estate tax tion to new leadership will be smooth.

Train Successor Once you have successors identified, deliberately create a training plan to ensure that everyone involved has time to learn the skills, gather the information, and practice the leadership roles critical to the future success of the business.

Whether you are transferring a business

to a family member or you are promoting employees into leadership roles, you need to plan ahead.

A succession plan takes into consideration the development of future leaders’ skills and abilities. The plan should deliver a return on your business’s training investment by providing for your successors’ advancement while simultaneously ensuring your successors don’t

Start family succession planning sooner, rather than later, because starting sooner will give you more flexibility with your planning. Consult an attorney and an accountant about putting the proper estate documents in place, especially for succession planning in a family business.l Source: sba.gov

PAGE 23 The Immigrant’s Journal - June 15-30, 2023

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The Immigrant’s Journal - June 15-30, 2023 PAGE 24

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