The Immigrant's Journal - Vol. 203

BY KEL SMITH-HOLBOURN IMMIGRATIONIMPACT.COM

Six years ago, a man came to the U.S./Mexico border with his fiveyear-old daughter, looking for safety in the United States.

At home, a rival political faction had been making death threats against him and his family. That compelled him to take his daughter to the United States to seek asylum for them both.

But this was 2018—the era of family separation. As soon as the pair arrived at

the border, Customs and Border Protection forcibly took the man’s daughter away. They sent him to a detention center, and his five-year-old was sent by herself to a separate facility on the other side of the country, 2,000 miles away. He wouldn’t be able to speak to her again for nearly a month. Once he was allowed communication, it took the form of weekly phone calls.

As this was unfolding, a lawsuit called Ms. L v. ICE was progressing through federal court. The American Civil

BY JANET HOWARD 311IMMIGRATION.COM

For many immigrants to the United States, obtaining a Green Card through family sponsorship is a pathway to stability, security, and the realization of dreams. Familybased immigration allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain relatives for permanent residency, granting them the coveted Green Card. However, navigating the complex immigration system can

Progressive, Civil Rights, and Labor Organizations Condemn Trump’s Continuous Anti-Immigrant and Anti-Democratic Rhetoric

BY AMERICA’S VOICE

Washington, D.C.: In a campaign speech in Ohio on Saturday, former President Donald Trump said that if he didn’t get elected, “it’s going to be a blood bath for the country.” The former President also referred to migrants as “not people.” This is yet another example of how he intends to weaponize immigration and related fears, lies, and conspiracies to pursue power. His shocking and extremely dangerous language can lead to real-life violence and undermine trust in our elections. In response, leading immigrant, progressive, civil rights, and labor advocacy organizations, said:

Vanessa Cárdenas, Executive Director of America’s Voice, said: “Trump’s continuous use of language that devalues the humanity of immigrants is a threat to our democracy and the core of who we are as a nation. This is the

same rhetoric that he used to summon a violent mob on January 6 and then recklessly directed them to attack the U.S. Capitol. It’s also the same dehumanization of immigrants that has inspired domestic terrorist attacks like the mass murders at an El Paso Walmart, Buffalo grocery store, and a Pittsburgh synagogue. We cannot become numb to the fact that a major candidate for president relies on lies and dehumanizing immigrants and calls to violence as the bedrock of his campaign.”

Lorella Praeli, Co-President of Community Change Action, said:

“A second term would embolden the MAGA right to continue threatening immigrants and migrants even more than what we experienced in his first term. The only way we can stop the fear-mongering is by turning out to vote and choosing the direction we want our country to take. A multiracial democracy is possible – and it’s on us to build it.”

Bruna Sollod, Senior Political Director at United We Dream Action, said:

“Trump’s anti-immigrant policies and rhetoric represent the worst this country has to offer and should never become something we normalize. When Trump threatens to carry out mass deportations and chooses violent, dehumanizing language to incite anti-immigrant hate, we must take it seriously. We all witnessed the ways his policies and vitriol-filled statements emboldened white supremacist violence in El Paso to Texas, and Buffalo, New York. We cannot afford to lose this country and ourselves to this white nationalist playbook, nor can we normalize the racist discrimination, inhumane surveillance, racial profiling, harassment, and detention that our loved ones are experiencing in places like Texas and Florida. We call on all people and elected officials across the country to reject these dangerous, white supremacist positions that pose an existential threat to the lives of immigrants and Black and brown people in this country. Together, we must build a government that respects the humanity and rights of all people and push for policies that help all of us.”

Kica Matos, President of the NILC Immigrant Justice Fund, said: “Trump’s abhorrent and dehumanizing words against immigrants are a clear preview of what we can expect should he return to power: extreme, barbaric treatment of immigrants along with anyone suspected of being an immigrant. During his time in office, we saw children in cages, entire neighborhoods, and communities living in constant fear and abject cruelty at our southern border. We can anticipate much worse from a second Trump presidency. The truth is that immigrants contribute to their communities, pay taxes, and move the country forward. We need to elect leaders who recognize that immigrants are a strength to our nation, and everyone with a conscience must

work to keep Trump out of the White House.”

Maria Teresa Kumar, President and CEO of Voto Latino, said:

“As Americans continue to tire of Donald Trump’s antics, his racist rhetoric only gets louder and more extreme as he desperately seeks attention. His words are a reminder to us of the hate they breed in real life — from El Paso to the Tree of Life Synagogue in Pittsburgh and all the victims in between of heinous acts inspired by Trump’s charged rhetoric while he was in the Oval Office. Americans are clear on his threat. That’s why we collectively beat him at the ballot box. We rejected his fear-mongering, rage, and chaos. We will do it again. The twice-impeached, four-times indicted former president has no future in our multicultural America.”

Rocio Sáenz, SEIU Executive Vice President, said:

“We are appalled –and sadly not surprised– of the abhorrent and violent language spewed by former president Trump. As we’ve tragically seen, violent language has the potential to impose enormous pain and suffering, and possible death on our friends, neighbors, and co-workers who are immigrants. Our members, many of whom are immigrants, work across all sectors of the economy. They’re the essential janitors who clean the buildings we work in, the doctors and nurses who take care of us when we’re sick, and the home care workers who help our aging loved ones and those with disabilities. Come November, hard working Americans— Black, brown, white, immigrant—will take their demands for good union jobs from the strike lines to the ballot box in 2024 and will do everything in our power to keep Trump and MAGA Republicans from having the last word on who they consider to be ‘people’. We will use our anger and frustration to make real change and elect leaders who will keep all families safe.”

Lindsay Schubiner, Director of Programs of Western States Strategies, said:

“Dehumanizing and violent rhetoric is deeply dangerous—for our communities from El Paso to Pittsburgh to Buffalo, and for our democracy. Trump has led the normalization of bigotry and violence in our politics, but each and every one of our leaders has the responsibility to push back vocally. Trump’s words are a threat to immigrant communities, and they are a threat to the electoral process. We must take him at his word, and take action so that his vision does not become reality.”l

Editorial credit: lev radin / Shutterstock.com

DiNapoli: NYC Immigrant Workforce Below 2015 Peak

Federal Policies Still Weighing on City's Labor Force

The size of New York City’s immigrant workforce was flat over nearly a decade, according to a new report from New York State Comptroller Thomas P. DiNapoli.

Through 2023, the foreign-born labor market grew 18.5% since 2015 nationally, while New York City’s declined 0.6%, according to data analyzed from the Bureau of Labor Statistics. Still, in 2023, New York City’s 1.8 million foreign-born workers made up 44.3% of its total labor force, more than double the national share of 18.6%.

“New York City’s labor market and economy greatly benefit from the contributions of immigrant workers,” DiNapoli said. “Many industries rely on foreign-born workers to keep businesses going, but we’ve seen a decline in this workforce when compared to the city’s peak in 2015. There are still many barriers for individuals who come to the U.S. looking for work and a better life. Federal immigration policy must be reformed to ensure that the economic prosperity that foreign-born workers have helped fuel in New York City can continue.”

Last year, New York City was down about 10,000 immigrant workers compared to 2015. Many industries in the city depend on these workers, including construction, where foreign-born workers made up almost 70% of all workers, while 65% worked in transportation and utilities, and nearly 55% worked in manufacturing last year. Compared to the city, the U.S. has a lower share of immigrant workers in these industries and others with 29% in construction, 21% in transportation and utilities and nearly 20% in manufacturing.

The foreign-born labor force in the city is also concentrated in industries that pay less than the private sector as a whole, such as health care and social assistance and accommodation and food services. Still, foreign-born workers contributed nearly $383 billion to the city’s economy in 2022. A diminished foreign-born workforce could hurt businesses and lead to less entrepreneurship and fewer jobs.

DiNapoli’s report notes federal immigration policies and the COVID-19 pandemic likely contributed to the lack of growth in the city’s foreign-born workforce.

Pre-Pandemic Immigrant Labor Force Decline

Prior to the pandemic, several federal immigration policies may have disproportionately impacted the immigrant workforce in New York City. In 2017, a more stringent deportation policy was implemented. As a result, there was a 165% increase in immigrants living in New York City being sent back to the country from which they emigrated. The number of deportations grew from a low of 1,037 in federal fiscal year (FFY) 2016 to a high of nearly 2,800 in FFY 2019. During that time, fewer people obtained temporary or permanent visas to legally live and work in the U.S. Also, federal changes to Temporary Protected Status (TPS) likely played a role in slowing the city’s immigrant labor force recovery. TPS allows people from other countries to live and work in the U.S. legally if fleeing war or a natural disaster, but in late 2017, the federal government ended the program for people coming to the U.S. from El Salvador, Haiti, Nicaragua, Sudan, Nepal and Honduras.

Impact of COVID-19 Pandemic on Immigrant Labor Force

The pandemic halted visas and travel generally to the U.S. In addition, many industries that involve face-to-face contact employ a larger share of immigrant workers. Workers not born in the U.S. faced a higher unemployment rate than native-born New Yorkers in 2020, and by 2023, the portion of these foreign-born workers who were not U.S. citizens still had double the unemployment rate than in 2019.

Post-Pandemic Recovery Remains Uneven

Previous reports by the Comptroller show young workers are experiencing the highest unemployment rates in New York City when compared to older workers. In 2023, the unemployment rate was 15% for 16-to-24-year-old immigrant workers, which was up from 10% in 2019. Older adults born outside the U.S., however, have seen improved unemployment rates since the pandemic and have found work at a greater rate than older native-born New Yorkers.

More Immigrant Workers Pursuing Self-Employment

The number of people self-employed since 2019 increased in New York City, surpassing the national average in 2023 with more than 10% of the workforce becoming new entrepreneurs. Foreignborn workers in the City made up nearly 49% of the self-employed population whereas nationally, they made up only 23% in 2023.

Recommended

sThe city do more to support all younger workers, including immigrants, by advertising and uplifting the Summer Youth Employment Program, which is open to residents 14 to 24 with work authorization.

sThe state Department of Labor improve how it evaluates and reports which employers hire asylum seekers and which jobs are accepted.

sThe city make business ownership easier for foreign-born workers by eliminating language, literacy and technological barriers along with increasing financial education and eliminating bureaucratic red tape.

sCity agencies provide necessary and timely resources for residents to succeed in the workforce.

sThe federal government speed up court processing and work permits and increase aid to the state and city for asylum seekers.l

Thomas P. DiNapoli is the New York State Comptroller.

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

Editorial credit: lev radin / Shutterstock.com

AMERICAN DREAM 4

Family Separation/ continued from page 1

Liberties Union was suing the government on behalf of a woman from the Democratic Republic of Congo and her seven-year-old daughter, who had also been forcibly separated by the U.S. government at the border and sent to separate facilities on opposite sides of the country.

The litigation had been brought a few months before the man arrived at the border with his daughter. Over five years later—in October 2023—a settlement agreement was finally reached. Under the terms of the settlement agreement, a volunteer attorney working with the American Immigration Council’s Immigration Justice Campaign was able to swiftly have the man’s removal case dismissed so that he and his child could stay in the United States and finally apply for asylum together.

Many more families also stand to gain some redress from the Ms. L settlement. Thousands of families were violently separated at the border from 2017 to 2021, under a policy the Trump administration put in place with the aim of deterring migration. The true number of family separations may never be pinned down with certainty—those responsible knew at the time that they had no system for tracking the children or reuniting them with their families.

In February 2021, the Biden administration established a Family Reunification Task Force to help reunite

families that were separated during that time. As of late 2023, the task force had identified 4,227 children who had been separated from their families, had facilitated the reunification of 775, and had identified another 2,372 who had been reunited under other circumstances— leaving at least 1,008 children known to still be separated from their families.

The Ms. L settlement requires the government to provide several services to the families who are class members, including housing assistance, mental and physical health care, legal services, and work permits. It also provides ways for the families to reunite, including by allowing parole requests from family members who are outside the United States. For example, if a mother and child traveled to the United States and were separated at the border, and the child’s father remained in their home country, the father can apply for parole to come to the United States and reunite with his wife and child.

For most of the relevant families in removal proceedings—like the man who worked with the Immigration Justice Campaign volunteer—ICE is supposed to dismiss the removal proceedings so the family can apply for asylum through U.S. Citizenship and Immigration Services. And for those who are in expedited removal or who have reinstated or expedited removal orders, the Department of Homeland Security should rescind the orders so the person can apply for asylum.

The settlement also prohibits U.S. officials from separating migrant families at the border for eight years, outside of limited circumstances such as danger to the child or a medical emergency. When separations do occur, the settlement calls for procedures to ensure the government tracks the children and notifies the families’ attorneys.

The Ms. L case was just one of dozens that have been brought against the government in the years since family separa-

tion was instituted. In September 2019, the American Immigration Council filed C.M. v. United States on behalf of five asylum-seeking mothers and their children, seeking monetary compensation for the trauma they suffered under family separation. A trial in that case is scheduled to begin in April 2024.

In addition to the results for the separated families, the Ms. L case played a role in shedding light on the tragedy of family separation. When the judge in the case, Judge Dana M. Sabraw, approved the settlement, he remarked on his own initial shock and disbelief when the facts of the case were first laid out, telling the lawyers, “When you first brought the case, the allegations were sensational, and it was far from clear to me that this could actually be happening.” Over the course of the proceedings, he became convinced and horrified: “There will, at the end of the day… there is going to be a number of children who are not found.”

While the Ms. L settlement is an important step for many of the families who were separated, it can’t undo the trauma they have endured. The government should do everything in its power to settle outstanding lawsuits, ensure that family separation is fully acknowledged, and take every step possible to ensure it never happens again. l

Kel Smith-Holbourn is the Digital Strategy Manager for the Immigration Justice Campaign at the American Immigration Council.

Editorial credit: bgrocker / Shutterstock.com

Supreme Court Rules in Favor of Judicial Review of Mixed Questions, Even Those That Are Fact Intensive

BY ASUCHITA MATHUR

The Supreme Court issued an important victory for noncitizens seeking cancellation of removal and the principle of judicial review of agency action on March 19. And despite the current court’s tenuous regard for stare decisis – the idea that “today’s Court should stand by yesterday’s decisions” – in Wilkinson v. Garland, the Supreme Court reaffirmed the importance of that fundamental principle in judicial decision-making.

In a 6-3 ruling in favor of immigrant Situ Wilkinson, Justice Sonia Sotomayor wrote for the majority, holding that federal courts can review the application of the “exceptional and extremely unusual hardship” standard to a given set of facts. Such findings by an immigration judge (IJ) are not precluded from judicial review under the Immigration and Nationality Act (INA). The Court arrived at this outcome through a straightforward

application of its recent precedents.

Crucial to the Court’s decision is the finding that the specific hardship requirement listed in the cancellation of removal statute is, in fact, a “legal standard,” not a “discretionary” determination. The majority rejected the argument that a standard that requires an IJ to “closely examine and weigh a set of established facts” must be classified as an unreviewable factual inquiry. Instead, it found that the Court’s 2020 opinion in GuerreroLasprilla v. Barr indicates that such an application of a legal standard to facts is “inescapably, a mixed question of law

and fact.”

And under Guerrero-Lasprilla, mixed questions of law and facts qualify as “questions of law” that are judicially reviewable under the INA.

Notably, six circuit courts of appeal had previously come to the opposite conclusion. Several of the appeals courts had found that the Supreme Court’s 2022 decision in Patel v. Garland prevented federal courts from reviewing fact-heavy determinations by IJs, like those called for by cancellation’s hardship standard. But in Wilkinson, the majority clarified that Patel stands for the proposition that

only pure questions of fact underlying denials of discretionary relief are unreviewable.

Justice Ketanji Brown Jackson wrote separately to emphasize that GuerreroLasprilla dictated the result in Wilkinson While she noted her skepticism that Congress intended “questions of law” to cover such a wide range of IJ determinations, she issued an important reminder: that the principle of stare decisis carries even greater weight when courts interpret statutes, because Congress can always amend a statute if it disagrees with the Court’s interpretation.

The Court’s decision in Wilkinson will undoubtedly come as a relief to the many noncitizens in removal proceedings who apply for cancellation of removal and are denied based on legally erroneous eligibility determinations. The requirements just to qualify for cancellation are incredibly stringent, and only 4,000 noncitizens may actually be granted the relief each year. Whether Mr. Wilkinson, who built a

continued on page 6

Why Being a Paralegal Is a Great Career Choice!

BY THE CHAMBER COALITION

Being a paralegal is a rewarding and challenging career within the legal field. Paralegals, also known as legal assistants, play a crucial role in supporting lawyers and law firms by conducting legal research, drafting legal documents, organizing files, and assisting with case management. Here are some critical aspects of being a paralegal:

Becoming a paralegal is a rewarding career choice for several reasons. First and foremost, it offers an opportunity to work within the legal field without the extensive time and financial commitment required to become a lawyer. Paralegals play a crucial role in supporting attorneys by conducting legal research, drafting documents, and assisting with case preparation. This role allows them to be intimately involved in the legal process, contributing directly to the success of cases and helping to ensure justice is served.

Furthermore, the demand for paralegals continues to grow across various sectors, including law firms, corporate legal departments, government agencies, and nonprofit organizations. This demand

provides job security and opportunities for career advancement within the field.

Additionally, paralegals often enjoy a competitive salary and benefits package, making it a financially attractive career choice.

Moreover, being a paralegal offers a dynamic work environment with diverse tasks and challenges. Each case presents unique complexities, requiring paralegals to engage their analytical and problemsolving skills continuously. This variety keeps the work exciting and provides opportunities for personal and professional growth.

Additionally, paralegals are often satisfied with making a tangible difference in people's lives. Whether assisting with a criminal defense case, a civil rights lawsuit, or a corporate merger, paralegals contribute to the resolution of legal matters that impact individuals, businesses, and society as a whole.

Overall, being a paralegal offers a fulfilling career path for individuals passionate about the law, seeking intellectual stimulation, and desiring to make a meaningful impact in the legal field.l

Supreme Court/ continued from page 5

life, family and community in the United States over the past two decades before being detained by Immigration and Customs Enforcement, will actually be granted cancellation relief is an open question.

Notably, Wilkinson may also help the many other noncitizens seeking relief under statutory provisions that should now be deemed reviewable legal standards instead of unreviewable discretionary decisions. At oral argument, counsel for Mr. Wilkinson stated that she counted at least 75 statutory provisions in the INA that could be impacted by the Court’s ruling.

And yet, the path to correcting flawed IJ decisions will not be easy. As the Court recognized, not all “mixed questions are . . . alike.” It cited prior precedent on the relevant standard of review and noted that mixed questions of law and fact that are primarily factual require a “more deferential standard.”

Noncitizens seeking to overturn agency determinations often face an uphill battle. But at the very least, Wilkinson narrows the scope of the Patel decision and gives applicants for immigration relief a chance to be heard in federal court. For now, noncitizens and their attorneys can celebrate the opening of that door.l

5 Things Nobody Tells You About Selling Your First Home

BY EQUITY SMART REALTY INC

There are a lot of details involved in putting a home on the market.

Whether you're just considering selling or are readying to put your home up, here are some things you might not know about the process.

Marketing Strategy Is Important

The days of putting a sign on the front yard and waiting for buyers are gone, so it's important to have a strategy that will successfully highlight your house. Whether you decide to make a website, use social media or invest in a professional photographer, ensure you're prepared to put your home out there.

The Right Price Is Everything

You have the ability to change your asking price at any time, but it's best to hit the market with a price that is both reasonable and competitive. This will not only prevent your home from lingering on the market, but it will also make it more likely you'll get the offer you're looking for.

Fixing It Up Is Important

You might want to avoid minor fix-ups before selling your home, but mainte-

nance issues can impact the offers you'll receive. Instead of leaving these for the next homeowner, put time aside to do paint touch-ups, repair doors or insulate the windows so the small things don't affect your offer.

Prepare to Pack

It's great to receive an offer on your home, but packing up can be one of the most stressful aspects of moving. Instead of leaving this to the last minute, do some preliminary 'spring cleaning' to discard the stuff you won't use and pack up the stuff you won't soon need. This will make moving out a little smoother.

Be Ready for An Open House

It can be a pain to stage your home and leave on short notice to accommodate an interested homebuyer, but a good open

house is one of your best bets for selling your home. This means your house should be clean and clutter free all the time so only a few last-minute fix-ups will be required.

Guidance

There are a lot of things involved in selling your first home, but by completing the little fix ups and choosing the right price, you'll be well on your way to an interested buyer.

Selling a home for the first time can be a stressful thing to take on, but by utilizing the right agent and having reasonable expectations, it may be off the market before you know it. If you're getting ready to put your home up for sale, you may want to contact one of our real estate professionals for more information.We are happy to help. Call us 888-670-6791.l

The Powerful Influence of Fathers on Their Daughters

BY CHRIS TOBIAS

Fathers play a crucial role in their daughters' lives, shaping their development and profoundly influencing their outlook on life. While mothers often receive significant attention for their nurturing role, fathers, too, exert a substantial impact on their daughters' growth and well-being. From fostering self-esteem to shaping their attitudes towards relationships, here are five ways fathers hugely influence their daughters.

Firstly, fathers serve as role models for their daughters, setting examples of behavior, values, and attitudes. Daughters observe how their fathers interact with others, handle challenges, and navigate life's ups and downs. A father who demonstrates respect, empathy, and integrity teaches his daughter invaluable lessons about character and interpersonal relationships. Whether it's through small everyday actions or significant life choices, daughters learn from their fathers and often emulate their behavior as they grow into adulthood.

Secondly, the quality of the fatherdaughter relationship significantly impacts a daughter's self-esteem and con-

fidence. Studies have shown that daughters with positive and supportive relationships with their fathers tend to have higher self-esteem and greater self-worth. Fathers who provide love, encouragement, and validation help their daughters develop a strong sense of identity and belief in their abilities. By being present and involved in their daughters' lives, fathers instill a sense of security and empowerment that can carry them through life's challenges.

Thirdly, fathers play a crucial role in shaping their daughters' attitudes towards men and relationships. A father's behavior towards his daughter is a blueprint for her expectations in future relationships. Daughters who experience warmth, respect, and affection from their fathers are more likely to seek out healthy and fulfilling relationships with partners who treat them with similar care and respect. On the other hand, daughters who grow up with absent or neglectful fathers may struggle with trust issues and seek validation from unhealthy relationships.

Fourthly, fathers influence their daughters' academic and career aspirations. Research has shown that daughters whose fathers are actively involved in their education tend to perform better academically and are more likely to pursue higher education and ambitious career paths. Fathers who emphasize the value of education, encourage their daughters to set goals, and provide support and guidance contribute to their daughters' confidence and ambition. By fostering a mindset of achievement and perseverance, fathers equip their daughters with the tools they need to succeed academically and professionally.

Finally, fathers significantly impact their daughters' emotional intelligence and ability to regulate emotions. Fathers who engage in open and supportive communication with their daughters help them develop emotional awareness and empathy. By encouraging their daughters to express their feelings and validating their emotions, fathers teach them valuable skills for navigating relationships and managing stress. Additionally, fathers who model healthy coping mechanisms with emotions demonstrate resilience and provide their daughters with effective coping strategies for dealing with life's challenges.

In conclusion, fathers wield considerable influence in their daughters' lives, shaping their development and influencing their attitudes, behaviors, and aspirations. From serving as role models to providing love and support, fathers play a crucial role in fostering their daughters' self-esteem, confidence, and emotional well-being. By recognizing and embracing the importance of their role, fathers can positively impact their daughters' lives and contribute to their success and happiness both now and in the future.l

S TEM-Related Petitions Increase Following USCIS’ Updated Policy Guidance

BY KAREN AHO

Arecent analysis by U.S. Citizenship and Immigration Services (USCIS) found that the number of petitions by, or on behalf of, foreign-born workers in the fields of science, technology, engineering, and math (STEM) increased following a pair of guidance clarifications the agency made in January 2022.

One outlines how foreign-born STEM professionals can qualify for an employment-based visa category (the EB-2) on their own, without first securing a job offer. The other clarifies how STEM professionals can meet the eligibility criteria for the O-1A visa category for extraordinary ability. The shifts are part of ongoing efforts by the administration to alleviate critical STEM-workforce shortages to help U.S. businesses succeed and better compete in the global economy.

“I’m seeing more aspiring and earlystage startup founders believe there’s a way forward for them,” Sophie Alcorn, an immigration lawyer in Silicon Valley, told Science magazine.

National Interest Waiver (NIW) in the Employment-Based Second-Preference Category

The employment-based, second-preference visa category, the EB-2, is a path for professionals with an advanced degree or its equivalent, or people with exceptional ability, to become U.S. lawful permanent residents.

Typically, the noncitizen must have a job offer from an employer and the employer must demonstrate to the U.S. Department of Labor that no qualified U.S. workers are available for the job. The employer can then file a petition with USCIS on the noncitizen’s behalf for the EB-2 visa category. However, the Department of Labor is taking more than a year to process labor certification applications, which may dissuade some employers and workers from pursuing this visa category.

Noncitizens have had the option to file a petition with USCIS on their own and ask that the job offer requirement be waived. To do so, they must demonstrate how their work would be in the national interest. But this route proved challenging for those in STEM fields, as their accomplishments did not fit into the framework USCIS officers were using to assess this national interest waiver (NIW) request.

The 2022 updated guidelines appear to attempt to resolve this issue. The guidelines add a section noting the value of STEM professionals, specifically giving “strong, positive” consideration to those with advanced STEM degrees whose work advances U.S. competitiveness.

As a result, the percentage of EB-2 petitions with a national interest waiver request has grown, from 21% of petitions in FY 2021 to 26% of petitions in FY

2022 and 43% of petitions in FY 2023.

The number of EB-2 visa petitions also rose, from 70,600 in fiscal year 2021 to 93,010 in FY 2023, an increase of 31.7%.

The number of petitions in the STEM category increased from 53,070 in FY 2021 to 61,790 in FY 2022 but dropped to 53,960 in FY 2023.

The number of EB-2 petitions that USCIS approved increased by 60% between FY 2021 and FY 2022 but dropped 12% between FY 2022 and FY 2023.

O-1A

USCIS also clarified how it evaluates petitions in the O-1A visa category for noncitizens with “extraordinary ability” in STEM fields. Previously, USCIS did not specifically address how extraordinary ability could be demonstrated with documentation that’s common for workers in STEM fields.

In the 2022 update, however, the agency provides examples of evidence that may satisfy the criteria for the O-1A visa category, with a focus on STEM. These include:

•Awards from “well-known” national institutions or professional associations; certain doctoral dissertation awards or Ph.D. scholarships; or conference-presentation awards.

•Membership in or fellowships with certain professional associations or institutions.

•Senior faculty or research positions at distinguished academic or non-academic institutions; founder or essential role with a distinguished startup or intellectualproperty contributor to it; and more.

The update also, according to USCIS, “discusses considerations that are relevant to evaluating such evidence, with a focus on the highly technical nature of STEM fields and the complexity of the evidence often submitted.”

Following the release of the updated policy guidance, the number of O-1A petitions increased by 29.8%, from 7,710 in FY 2021 to 10,010 in FY 2023, and the number of approvals increased by 29.6%, from 7,320 in FY 2021 to 9,490 in FY 2023. Most were in STEM fields, where approvals increased by 28.5%, from 3,550 in FY 2021 to 4,560 in FY 2023.

In September 2023, USCIS issued similar clarifications for the EB-1A extraordinary ability category. Like the EB-2 visa category, the EB-1A offers immigrants pathway to U.S. lawful permanent

residence. The extraordinary ability visa categories have similar requirements, but USCIS approval of an O-1A petition for temporary work does not guarantee approval of an EB-1A extraordinary ability petition.

STEM shortages

The policies are a good start to help relieve the nation’s critical and growing shortage of scientifically and technically skilled workers, especially in private industries.

A 2023 study by the Semiconductor Industry Association and Oxford Economics estimated that an additional 3.85 million jobs requiring proficiency in technical fields will be created in the United States by 2030, and that 1.4 mil-

lion of those risk going unfilled “unless we can expand the pipeline for such workers in fields such as skilled technicians, engineering, and computer science.” The semiconductor industry alone risks being unable to fill 58 percent of new jobs created to expand chip manufacturing in the United States.

Similarly, “82 percent of companies in the defense industrial base report that it is difficult to find qualified STEM workers,” National Defense Magazine reported in 2023. “The ability to attract foreign-born talent is one of the nation’s greatest asymmetric advantages,” the authors write. But decades-long waits for green cards and a lack of visa options means that “an estimated 80 to 90 percent of students receiving advanced degrees in highly desirable STEM fields are forced to leave the country after graduation, greatly depleting America’s potential workforce.”

Clarifying agency guidance for documentation to allow more STEM workers to stay and work in the United States is a good start, but if America is to remain innovative and competitive, Congress needs to enact changes that reflect workforce needs while protecting U.S. and foreign workers.l

Key Bridge Tragedy A Reminder of the Risks Essential Immigrant Workers Take

BY AMERICA’S VOICE

Washington, DC: The collapse of the Key Bridge in Baltimore is a tragedy that is once again being twisted by right-wing media and elected officials to scapegoat immigrants. Conspiracy theories about terrorists who cross the allegedly “open” border to do us harm is now a reflexive and utterly false narrative of conservatives on TV, Twitter, and Congress. Rather than engage in conspiratorial posturing, we choose to acknowledge those impacted by the incident, many of them immigrant essential workers. Among those still missing, according to The Washington Post, are six members of a road construction crew that included “Mexican, Guatemalan and Salvadoran people.”

As we’ve mentioned before and is covered by major outlets (here, here, and here), immigrants play a crucial role in our economic success and post-pandemic

rebound. Migrants often take “essential” jobs that are inherently dangerous, but critical to various industries. As The Wall Street Journal reports, “The crew of workers from Mexico and Central America were well into their night shift, pouring concrete to fix the potholes that dotted the Francis Scott Key Bridge. The job could be dangerous in the daytime, let alone at night. The bridge, suspended up to 185 feet above the Patapsco River, would sway with passing tractor-trailers. But the men needed to work … ‘They’re fathers with families. They’re people who came to earn their bread each day,” said Jesus Campos, who had worked on the bridge but wasn’t on shift Monday night.’”

According to Vanessa Cárdenas,

Executive Director of America’s Voice:

“Our heart breaks for the families of the lost bridge workers. It’s upsetting, and sadly predictable, how quickly Fox News and others jump to blame immigrants or link them negatively to any story. The reality is that so many migrants risk their lives to come to the United States and then continue taking on risks as they try to make a living and support their families. The pandemic revealed just how essential these workers are to everyday American life, and the continued demonization by right-wing actors is reprehensible.

Referring to the role of essential workers during COVID, Karen Tumulty is correct in her column in today’s Washington Post when she said, ‘doing right by the essential workers who kept the country going during a dark time — and might well be called upon to do it again someday — seems like the least we can do.’” l

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HOW TO GET A GREEN CARD 11

Family Sponsorship/ continued from page 1

be daunting, so seeking legal assistance is crucial for a successful application process.

Family sponsorship serves as a cornerstone of the U.S. immigration system, reflecting the nation's commitment to family reunification. U.S. citizens and LPRs can sponsor their immediate relatives or other eligible family members for a Green Card. Immediate relatives include spouses, unmarried children under 21, and parents (if the sponsor is over 21). Other eligible relatives fall under preference categories, including unmarried adult children, married children, and siblings of U.S. citizens.

While the process may seem straightforward, numerous legal intricacies and requirements exist. Working with an immigration attorney can help applicants navigate these complexities and increase their chances of success. Attorneys experienced in immigration law possess the expertise to guide applicants through each process step, ensuring that all forms are filled out correctly, necessary documentation is provided, and deadlines are met.

One significant advantage of legal assistance is navigating potential challenges and addressing any issues that may arise during the application process.

Immigration laws and regulations are subject to change, and navigating these changes can be difficult for individuals unfamiliar with the legal landscape. An immigration attorney stays abreast of these developments and can adapt strategies accordingly to maximize the likelihood of a successful outcome.

Additionally, legal representation can be particularly valuable when dealing with potential complications such as criminal history, previous immigration violations, or complex family relationships. An attorney can assess the specific circumstances of each case, identify potential obstacles, and develop strategies to overcome them. This proactive

approach can help prevent delays or denials and streamline the application process.

Furthermore, seeking legal assistance can provide applicants with peace of mind, knowing that their case is in capable hands. The immigration journey can be emotionally taxing, with applicants often experiencing anxiety and uncertainty about their future. A knowledgeable attorney advocating on their behalf can alleviate some of this stress and instill confidence in the process.

Moreover, legal representation can expedite the application process, saving applicants time and frustration. Immigration attorneys understand the

system's nuances and can help applicants compile a comprehensive and persuasive application package. By ensuring that all necessary documents are submitted correctly the first time, attorneys can help avoid unnecessary delays and expedite the application's processing.

Obtaining a Green Card through family sponsorship is a significant milestone for many immigrants to the United States. While the process can be complex and challenging, seeking legal assistance can significantly increase the chances of success. Experienced immigration attorneys possess the knowledge, skills, and resources to guide applicants through each process step, navigate potential obstacles, and advocate on their behalf. By partnering with a trusted legal professional, applicants can embark on their immigration journey with confidence, knowing that they have a dedicated advocate supporting them every step of the way.

Are you interested in Family Migration to America?

Let the experienced and knowledgeable International Law Firm of Figeroux & Associates handle your immigration matter. Immigration law is complex and dynamic. The lawyer you hire does make a difference. To schedule an appointment, call 855-768-8845 or visit www.askthelawyer.usl

A Proclamation on Women’s History Month, 2024

BY PRESIDENT JOE BIDEN

During Women’s History Month, we celebrate the courageous women who have helped our Nation build a fairer, more just society.

Throughout history, the vision and achievements of powerful women have strengthened our Nation and opened the doors of opportunity wider for all of us. Though their stories too often go untold, all of us stand on the shoulders of these sung and unsung trailblazers — from the women who took a stand as suffragists, abolitionists, and labor leaders to pioneering scientists and engineers, groundbreaking artists, proud public servants, and brave members of our Armed Forces.

Despite the progress that these visionaries have achieved, there is more work ahead to knock down the barriers that stand in the way of women and girls realizing their full potential — in a country founded on freedom and equality, nothing is more fundamental. That is why my Administration has put women and girls at the heart of everything we do. When I first came into office, I established the White House Gender Policy

Council to advance their rights and opportunities across domestic and foreign policy. I also released the Nation’s first-ever National Gender Strategy to advance gender equity and equality across my Administration — from women’s economic security and leadership opportunities to freedom from gender-based violence and equal access to education and health care. Women are seated at every table where decisions are made in my Administration — from our first female Vice President, Kamala Harris, to a record number of female cabinet secretaries to the most diverse set of judges ever nominated to the Federal

bench, including Supreme Court Justice Ketanji Brown Jackson.

If we want to have the strongest economy in the world, we cannot leave women — half of our workforce — behind. Since I have been in office, the economy has created nearly 15 million jobs, and we have seen the lowest unemployment rate among women in more than five decades. As we implement major pieces of legislation like the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act, we are ensuring that women get their fair share of opportunities. We are increasing their access to new jobs in sectors where women have been historically underrepresented, like manufacturing, construction, and clean energy. We are championing equal pay, including issuing new regulations that advance pay equity and pay transparency for Federal workers and employees of Federal contractors.

We are making sure women have access to the resources they need to enter and remain in the workforce, including high-quality, affordable child care. My Administration’s American Rescue Plan helped working mothers, especially during the most challenging times of the pandemic, by keeping the doors of 220,000 child care centers open — 90 percent of which are owned and staffed by women. Our Child Tax Credit cut the number of children in poverty by 50 percent and provided breathing room for 65 million children and their families, and we will keep fighting to restore it. I have also signed legislation that provides new protections for pregnant and postpartum workers.

To promote the health and wellness of women in America, under the leadership of Vice President Harris, we launched the Blueprint for Addressing the Maternal Health Crisis to combat the high incidence of maternal mortality — especially for Black, Native, and rural women — due to systemic inequities in quality health care. We have expanded access to health care services for women veterans — the fastest growing group of veterans receiving services at the Department of Veterans Affairs. Last fall, we launched the White House Initiative on Women’s Health Research to change how we approach and fund women’s health research, and pioneer the next generation of discoveries in women’s health care.

Further, Vice President Harris and I are fighting to protect women’s reproductive freedom. In 2022, the Supreme Court made an extreme decision to overturn Roe v. Wade, reversing nearly five decades of recognizing a woman’s constitutional right to choose and make deeply personal decisions about her health care. Now, tens of millions of women live in States with an extreme and dangerous abortion ban currently in effect. Across the country, women are being turned away from emergency rooms, forced to go to court to seek permission for the medical attention they need, and made to travel hundreds of miles for care. This is unacceptable. That is why I have taken action to safeguard access to reproductive care, including abortion and contraception. Vice President Harris and I will keep calling on the Congress to restore the protections of Roe v. Wade in Federal law — the only way to ensure women in every State have the right to choose.

As we lift up women’s health and economic prosperity, we also have to protect their physical security. As a United States Senator, I was proud to write the Violence Against Women Act, which helped change the culture of silence around the scourge of gender-based violence in America. When we reauthorized the law, we increased our total investment in prevention and support to $700 million for 2023 alone — the highest funding ever to protect women from gender-based violence in nearly 30 years. I have also spearheaded historic military justice reforms to better protect survivors and ensure that, in cases of gender-based violence, prosecutorial decisions are fully independent from the chain of command. Last year, my Administration released the first-ever National Plan to End Gender-Based Violence, advancing a comprehensive Government-wide approach to preventing and addressing gender-based violence across the United States.

Globally, my Administration is supporting initiatives that help expand access to child care, end gender-based violence, cut the digital gender divide in half, promote women’s leadership, and more. Thanks to the leadership of Vice President Harris, we have galvanized more than $2.9 billion in investments to advance the economic status of women around the world and ensure they play a meaningful role in the industries of the future.

This Women’s History Month, may we recognize the long, storied history of great women helping to realize our Nation’s founding promise and highest aspirations. May we all continue working to build a world worthy of the dreams and goals of all women and girls.

I also invite all Americans to visit WomensHistoryMonth.gov to learn more about the vital contributions of women to our Nation’s history.l

I Did My Will, Where Should I Keep It?

BY CHRIS TOBIAS

Keeping your will safe and accessible is crucial to ensure that your final wishes are honored and your estate is managed according to your desires after passing. While the decision of where to store your will ultimately depends on your personal circumstances and preferences, several standard options exist.

Safe Deposit Box: Many individuals keep their will in a safe deposit box at a bank. Safe deposit boxes offer high levels of security, typically with access limited to the box holder and authorized individuals. However, it’s essential to ensure that someone else knows where the key is located and has legal access to the box upon your death. Otherwise, it could lead to delays and complications in executing your will.

Home Safe or Fireproof Box: Another popular choice is keeping your will in a home safe or fireproof box. This option provides convenience and accessibility since you can access your will anytime. However, it’s crucial to ensure the safe is fireproof and secure from theft. It would

also help to inform a trusted individual, such as your executor or attorney, of its location to ensure easy access when needed.

With Your Attorney: Entrusting your will to your attorney is common, especially if they helped draft it. Attorneys typically keep copies of clients’ wills in secure storage, ensuring their safety and accessibility when required. However, it’s vital to communicate with your attorney about their storage procedures and how your executor can access the will in the event of your passing.

State Registry: Some states offer a registry where individuals can deposit their wills for safekeeping. This option pro-

vides an extra layer of security, as the state maintains records and ensures the will’s authenticity. However, not all states have this service available, so you’ll need to check if it’s an option in your jurisdiction.

Digital Storage: With technological advancements, storing your will digitally has become increasingly popular. You can scan your will and securely store it on your computer, a USB drive, or a cloud storage service. However, it’s essential to take precautions to protect digital copies from unauthorized access and ensure that your executor knows how to access them.

Executor or Trusted Family Member: Entrusting your will to your executor or a

trusted family member ensures that it’s in the hands of someone who will fulfill your wishes. However, it’s crucial to communicate clearly with the chosen individual about their responsibilities and the location of the will. Additionally, it’s advisable to keep a backup copy in case the original is lost or inaccessible.

Regardless of where you choose to store your will, there are a few key considerations to keep in mind:

Accessibility: Ensure that your executor or trusted individual knows the location of your will and how to access it.

Security: Choose a storage option that protects against theft, fire, and other potential risks.

Updates: Review and update your will regularly as circumstances change, and ensure that the latest version is safely stored.

Communication: Inform relevant parties, such as your executor, attorney, or family members, about the location of your will and any updates made to it.

By carefully considering your options and taking necessary precautions, you can ensure your will is safely stored and readily available to fulfill your final wishes.l

Understanding Financial Responsibility in Marriage: Am I Responsible for My Spouse's Debts?

BY CHRIS TOBIAS

Marriage is a partnership that extends beyond emotional support and companionship; it often involves shared responsibilities, including financial ones. Among the various concerns that arise in marriage, the issue of debt can be particularly complex and sensitive. Many individuals wonder about their liability for their spouse’s debts, and understanding the legal and moral dimensions of this question is crucial for navigating financial matters within a marriage.

In most jurisdictions, whether or not you are responsible for your spouse’s debts depends on several factors, including the nature of the debt, the laws governing marital property in your jurisdiction, and how the debt was incurred. Generally, there are two types of debt: separate and marital debt.

Separate Debt

Separate debt typically refers to debts incurred by one spouse before marriage

or debts kept separate during the marriage. In many cases, spouses are not legally responsible for each other’s separate debts. For instance, if one spouse entered the marriage with student loans or credit card debt, the other spouse is not automatically liable for those debts unless they co-signed the loan or otherwise agreed to be responsible for repayment.

Marital Debt

Marital debt, on the other hand, refers to debts incurred during the marriage for the benefit of the marital estate. This could include expenses related to the family home, joint bank accounts, or other shared assets. In many jurisdictions, spouses are considered equally responsible for marital debts, regardless of which spouse incurred the debt or whose name is on the account. This principle is often referred to as the doctrine of joint and several liability.

In New York, marital debt refers to any debt incurred by either spouse during the marriage. It typically includes mort-

gages, car loans, credit card debt, medical bills, and other financial obligations accrued during the marriage.

New York follows equitable distribution laws regarding dividing marital assets and debts during a divorce. Equitable distribution does not necessarily mean an equal 50/50 split of assets and debts but rather a fair division based on various factors, including the length of the marriage, each spouse’s income and earning potential, contributions to the marriage, and the overall financial situation.

It’s essential for spouses going through a divorce in New York to disclose all debts accrued during the marriage, as failure to do so can have legal consequences. Additionally, spouses may want to consult with a qualified attorney to understand their rights and obligations regarding marital debt and to ensure a fair division during the divorce proceedings.

Legal Considerations

However, the specifics of marital debt

can vary significantly depending on the laws of the state or country in which you reside. Some states follow community property laws, where all assets and debts acquired during the marriage are considered equally owned by both spouses, regardless of who earned the income or incurred the debt. Other states follow equitable distribution principles, where marital assets and debts are divided fairly but not necessarily equally in the event of divorce.

Furthermore, there are exceptions to the general rules of marital debt liability. For example, if a spouse incurs debt for unnecessary expenses or purposes that do not benefit the marriage, the other spouse may not be held responsible. Similarly, if a spouse can prove that they were unaware of the debt and did not benefit from it, they may have grounds to avoid liability.

Working Together

In addition to legal considerations, there are also moral and practical dimensions to consider when it comes to financial responsibility in marriage. While spouses may not be legally obligated to pay each other’s separate debts, many couples choose to support each other financially, especially in times of need. Building a strong financial foundation often involves open communication, mutual respect, and a willingness to work together to achieve common financial goals.

Moreover, addressing debt within a marriage requires proactive measures such as creating a budget, managing expenses, and discussing financial priorities. Couples may also consider pre or postnuptial agreements to clarify financial responsibilities and protect individual assets.

Ultimately, the question of whether you are responsible for your spouse’s debts is multifaceted and depends on various factors, including legal, moral, and practical considerations. While the law may dictate certain obligations, the strength of a marriage often lies in the commitment to support and work together through both the joys and challenges, including financial ones. By fostering open communication and mutual understanding, couples can navigate the complexities of debt and build a solid foundation for a healthy and prosperous future together.l

MATTERS

USCIS Updates Policy Guidance

Clarifying Expedite Requests

USCIS is making a significant update to its Policy Manual, aiming to provide clear guidance on how it considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update is crucial as it also explains how to make an expedite request and details our process for handling such requests.

Government Interests

This update clarifies that USCIS may expedite cases identified as urgent by federal, state, tribal, territorial, or local governments of the United States because they involve public interest, public safety, national interest, or national security interests. This update clarifies that when an expedite request is made by a federal government agency or department based on government interests, generally defer to that agency or department’s assessment.

Travel-Related Requests

USCIS issues several types of travel documents. This update clarifies that it will consider expediting Form I-131,

Application for Travel Document, for benefit requestors in the United States when they have a pressing or critical need to leave the United States, whether the need to travel relates to an unplanned or planned event, such as a professional, academic, or personal commitment.

When the need is related to a planned event, USCIS considers whether:

•The applicant timely filed Form I-131; and

•Processing times would prevent us from issuing the travel document by the planned date of departure.

Submission and Processing of Expedite Requests

This update also clarifies how to make an

expedite request, including how requestors can use USCIS online tools with secure messaging, such as submitting their expedite request and uploading evidence to support their expedite request if they have a USCIS online account.

This update explains how USCIS processes expedite requests by clarifying that it will generally respond to benefit requestors who submit their request through the USCIS Contact Center to inform them when they have made a decision on their expedite request.

This guidance is effective immediately and is controlling and supersedes any related prior guidance.l

Read

Navigating Communication with Alzheimer’s Patients: Addressing the Limitations of Mindfulness

BY PEARL PHILLIP

Alzheimer’s disease poses numerous challenges for both patients and their families, including changes in cognitive function and communication abilities. Among the various aspects affected by this progressive neurological condition is the capacity for mindfulness – the ability to be present and aware of one’s thoughts, feelings, and surroundings. While mindfulness practices have gained popularity for their potential benefits in promoting wellbeing, it’s essential to recognize the limitations for individuals with Alzheimer’s disease. Communicating these limitations to a loved one with Alzheimer’s requires empathy, patience, and understanding.

For example, Sarah sat down with her father, James, who had been diagnosed with Alzheimer’s disease two years ago. She noticed that James had been expressing frustration lately about his inability to focus during the mindfulness exercises

he had been attempting. Understanding her father’s challenges, Sarah wanted to communicate gently and effectively that mindfulness might not be the best practice for him at this condition stage.

“Hey, Dad,” Sarah began, sitting beside James on the couch. “I’ve noticed you’ve been feeling a bit frustrated with those mindfulness exercises you’ve been trying lately.”

James sighed and nodded. “Yeah, it’s just… I can’t seem to focus. My mind keeps wandering, and I feel more stressed than relaxed.”

Sarah placed a comforting hand on her father’s shoulder. “I understand, Dad. It must be frustrating to feel like you’re not getting the results you want. I wanted to talk to you about something. Alzheimer’s affects our brains, including our ability to concentrate and stay focused.”

James looked at his daughter with a furrowed brow. “But I thought mindfulness was supposed to help with that.”

Sarah nodded sympathetically. “It can help many people, Dad, but everyone’s

journey with Alzheimer’s is different. Your brain is going through changes that make it harder to concentrate for long periods, and that’s okay. It doesn’t mean you’re failing or not trying hard enough.”

James looked down, processing his daughter’s words. “So, what should I do instead?”

“Well, how about we try some other activities together? Maybe we could listen to soothing music or take short walks down the block. Even just sitting and enjoying the sunshine can be a great way to relax without the pressure to focus too much,” Sarah suggested.

James smiled softly. “That sounds nice. Thank you, Sarah.”

“Of course, Dad. I’m here to support you every step of the way. And who knows, maybe down the road, we can revisit mindfulness if you feel up to it. But for now, let’s find what works best for you,” Sarah said, giving her father a warm hug.

In this example, Sarah effectively communicates with her father, acknowledging his frustrations while gently explaining the limitations of mindfulness due to his Alzheimer’s disease. She offers alternative activities and reassures him of her support, fostering understanding and connection in their relationship.

Understanding the Challenges

Cognitive Impairment: Alzheimer’s disease impairs cognitive function, including memory, attention, and executive functioning. These cognitive deficits make it challenging for individuals to engage in complex mental tasks, such as sustained attention and focused awareness, essential components of mindfulness practices.

Communication Difficulties:

Alzheimer’s patients may experience difficulties processing and expressing information, leading to difficulty understanding abstract concepts or engaging in nuanced conversations. Communicating the limitations of mindfulness requires simplifying complex ideas and using clear, straightforward language.

Emotional Impact: Addressing the limitations of mindfulness with a loved one with Alzheimer’s disease can evoke feelings of frustration, confusion, or even denial. It’s essential to approach the conversation with sensitivity and empathy, acknowledging their emotions and validating their experiences while providing gentle guidance and support.

Effective Communication Strategies

Start with Empathy: Begin the conversation with empathy and understanding, acknowledging the challenges your loved one may face due to their Alzheimer’s diagnosis. Express your support and reassurance, emphasizing that you’re there to help them navigate these difficulties.

Use Concrete Examples: When discussing the limitations of mindfulness, use concrete examples or everyday experiences that your loved one can relate to. Avoid abstract or complex explanations and focus on practical implications, such as difficulties in maintaining focus or remembering instructions.

Frame it Positively: While it’s essential to communicate the challenges posed by Alzheimer’s disease, frame the conversation in a positive light. Emphasize alternative ways of promoting well-being and emotional resilience better suited to your loved one’s current abilities and circumstances.

Offer Supportive Alternatives: Instead of focusing solely on mindfulness practices, explore alternative strategies for promoting relaxation, reducing stress, and enhancing emotional well-being. Encourage activities that your loved one enjoys and finds meaningful, such as listening to music, spending time in nature, or engaging in gentle exercise.

Reassure and Validate: Throughout the conversation, reassure your loved one that their experiences and feelings are valid and that it’s okay to find certain activities challenging. Validate their emotions and offer encouragement, emphasizing that you’re there to support them every step of the way.

Conclusion

Communicating the limitations of mindfulness to a loved one with Alzheimer’s disease requires compassion, patience, and sensitivity. By approaching the conversation with empathy, using clear and concrete language, and offering supportive alternatives, family members can help their loved ones navigate the challenges of Alzheimer’s disease while promoting their overall well-being and quality of life. It’s essential to recognize the unique needs and abilities of individuals with Alzheimer’s and adapt communication strategies, accordingly, fostering a sense of understanding, connection, and support within the family dynamic.l

Emotional Turbulence: Understanding Normal Feelings After Divorce

BY MARY CAMPBELL

Divorce marks the end of a significant chapter in one’s life, often accompanied by a whirlwind of emotions that can be overwhelming.

Following such a life-altering event, it’s natural to experience a range of feelings, from sadness and anger to exhaustion and confusion. Amidst this emotional turbulence, it’s essential to recognize that these reactions are typical and expected. One of the most prevalent emotions individuals experience after divorce is sadness. The dissolution of a marriage brings a sense of loss—the loss of a partner, a shared life, and the dreams and expectations attached to the relationship. This sadness can be profound and persistent as individuals come to terms with the reality of their new circumstances. It’s crucial to acknowledge and allow oneself to grieve the end of the marriage, recognizing that healing takes time.

Anger is another common emotion that surfaces during and after divorce. Anger can be intense and consuming, whether directed towards one’s former spouse, oneself, or the circumstances leading to the divorce. It may stem from betrayal,

resentment, or frustration over unresolved issues. While anger can be a natural response to feeling hurt or wronged, finding healthy outlets for expressing and processing these emotions rather than allowing them to fester and prolong the healing process is essential.

Exhaustion often accompanies the emotional upheaval of divorce. The stress of navigating legal proceedings, adjusting to the single life, and managing the practicalities of separating assets and responsibilities can leave individuals feeling physically and mentally drained. Additionally, the emotional toll of grief, anger, and anxiety can contribute to feelings of fatigue and lethargy. Self-care becomes paramount during this time, as individuals prioritize rest, nutrition, and activities that replenish their energy

reserves.

Frustration may arise from the challenges of adapting to a new reality postdivorce. Numerous practical hurdles exist, from renegotiating living arrangements to co-parenting responsibilities. Frustration may also emerge from uncertainty about the future and the perceived loss of control over one’s life. However, as individuals navigate these challenges and establish a new sense of stability, feelings of frustration are likely to diminish.

Confusion is a natural response to the upheaval and uncertainty that divorce brings. The once-familiar landscape of life is suddenly altered, leaving individuals to navigate uncharted territory. As individuals reassess their goals and priorities, questions about identity, purpose,

and future direction may arise. While this period of introspection and self-discovery can be unsettling, it also presents an opportunity for personal growth and transformation.

Anxiety about the future is a common companion in the aftermath of divorce. The prospect of starting anew, whether it involves rebuilding a career, establishing a new social network, or redefining personal goals, can evoke apprehension and insecurity. Fear of the unknown may loom, but it’s essential to remember that uncertainty can give way to hope and possibility with time and resilience.

Navigating the emotional aftermath of divorce is a deeply personal journey, and there is no one-size-fits-all approach to healing. However, by acknowledging and accepting the range of emotions that accompany divorce—sadness, anger, exhaustion, frustration, and confusion— individuals can begin to navigate the path toward healing and eventual acceptance. With the support of friends, family, and perhaps professional guidance, it’s possible to emerge from the shadows of divorce with newfound strength, resilience, and hope for the future. l

Avoiding Tax Scams

Those menacing phone calls are fake. Those offers of tax relief that sound too good to be true are just that. Beware of unsolicited phone calls from anyone claiming to be from the IRS.

Inside the Numbers

One of the most common scams involves demanding pre-payment of your tax debt through a wire transfer or prepaid debit card. They may even promise to lower your overall payment. The treasury inspector general for tax administration at the IRS reports nearly 100,000 complaints about this type of scam annually. Millions have been stolen by fraudsters, with thousands of victims. Others are promised a tax refund but asked to reveal personal information like a banking account number.

Remain Alert

Scammers often frame their call with a time limit and are often described as pushy and hostile. You may be threatened with arrest, suspension of your license, or deportation if payment isn’t made immediately. The IRS will only make initial contact with taxpayers by

mail, and payment is never solicited over the phone. You are never asked for a credit or debit card or any banking information during a call. The IRS also doesn’t demand immediate payment at the risk of any enforcement action.

Telltale Signs

These calls can often seem quite official. A key way for fraudsters to trick the unsuspecting is by reciting the last four digits of a Social Security number as con-

firmation — but those numbers can be stolen. Scammers may also spoof official IRS caller ID or toll-free numbers, in order to make things look on the up and up. Fake emails may also “confirm” your conversations. Sometimes additional scam calls follow — as others threaten enforcement actions from the department of motor vehicles or the police department.

What to Do

Don’t answer the phone if you suspect you’ve receiving a scam call. If you answer and realize what’s happening, immediately hang up and contact the authorities. Report scams, bad business practices or fraud at ReportFraud.ftc.gov.

If you think someone has stolen your identity, go to IdentityTheft.gov. Unwanted calls should be reported to DoNotCall.gov. In addition to their main offices in Washington, D.C., the Federal Trade Commission also has eight regional offices located in Atlanta, Chicago, Cleveland, Dallas, Los Angeles, New York, San Francisco and Seattle.

Guidance

Questions? ASK THE LAWYER. Call 855-768-8845 or schedule an appointment at www.askthelawyer.usl

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