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since January 1, 2010, and extending the period of DACA and work authorization from two years to three years
BY CAW EDITORIAL STAFF
n November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
•Allowing parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request deferred action and employment authorization for three years, in a new Deferred Action for Parental Accountability program, provided they pass required background checks
These initiatives include: •Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to young people who came to this country before turning 16 years old and have been present
•Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens continued on page 9
Financial Planning for May-December Relationships ... see page 5 HOT TOPICS: Pornography Addiction in a Relationship ... see page 15
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coalition of chambers: The New American Chamber of Commerce (NACC), the Hispanic-American International Chamber of Commerce (HAICC) and the African-American International Chamber of Commerce (AAICC), is teaming up with the Green Party of New York to launch the Green Party Political University. This political educational institution will focus on continued on page 10
Green Party’s Howie Hawkins
Benefits of the President’s Initiatives ...see page 7
Jamaica’s PM Visit to NY ... see page 2
DIASPORA ISSUES: Call 718-222-3155 for a FREE Consultations on President Obama’s Executive Order
Brian Figeroux, Esq.
Patterson’s Plan for CaribbeanAmericans ...see page 4
Meet the Jamaican Chamber President ... see page 17
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Caribbean Consulates
Anguilla 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0277
Antigua & Barbuda 610 Fifth Avenue, Suite 311 New York, N.Y. 10020 Tel: 212-541-4117
The Bahamas 231 East 46th Street New York, N.Y. 10020 Tel: 212-421-6420
Barbados 820 Second Avenue, 5th Floor New York, N.Y. 10017 Tel: 212-551-4325
Belize 675 Third Avenue, Suite 1911 New York, N.Y. 10017 Tel: 212-949-1240
Dominica 800 Second Avenue, Suite 400H New York, N.Y. 10017 Tel: 212-949-0853
Dominican Republic 1500 Broadway, Suite 410 New York, N.Y. 10036 Tel: 212-768-2480
Grenada 800 Second Avenue, Suite 400K New York, N.Y. 10017 Tel: 212-599-0301
Guyana 308 West 38th Street New York, N.Y. 10018 Tel: 212-947-5119
Haiti 815 Second Avenue,6th Floor New York, N.Y. 10017 Tel: 212-697-9767
Jamaica 767 Third Avenue New York, N.Y. 10017 Tel: 212-935-9000
Martinique 444 Madison Avenue, 16th Floor New York, N.Y. 10022 Tel: 212-838-6887
Montserrat 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0200
Panama 1212 Avenue of the Americas, 6th Floor New York, N.Y. 10036 Tel: 212-840-2450
St. Kitts & Nevis 414 East 75th Street, 5th Floor New York, N.Y. 10021 Tel: 212-535-5521
St. Lucia 800 Second Avenue, 9th Floor New York, N.Y. 10007 Tel: 212-697-9360
ISLAND FOCUS: JAMAICA
Gay Protestors Interrupt Jamaican Prime Minister as She Addressed Diaspora
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BY VANDELL PARK
he Jamaican Prime Minister, Portia Simpson Miller, at a recent town hall meeting in Lower Manhattan, was disrupted by Jamaican gays living in New York and across the tri-state area, as she delivered the feature address. The Prime Minister was, at the time, praising Jamaicans for their sterling contributions both at home and abroad and also responding to an earlier protest staged by a group called the Jamaica Anti-Homophobia Stand, when the protestors interrupted her speech saying she was lying about her administration’s position on the issue of human rights in Jamaica. This was the Prime Minister’s statement when she was interrupted and her response to the interruption: “I was greeted by a group of demonstrators on the outside saying… about …gays; you know in Jamaica, we treat everyone with respect and human rights. (A protestor said that’s a lie.) And whoever wants to say that’s a lie, is not truthful. As a matter-of-fact, in the debate before the elections, when my party and I formed the government and I became Prime Minister, the question of gays was asked of two candidates; one represented the other party and I represented my party, my response to the question of gays was certainly different to that of the other party. I gave a civilized response. Nobody will hear the government of Jamaica beating up gays, not one. (Protestors continued to heckle the Prime Minister.) So let me tell you something; you want to disturb, you can disturb, but this woman come yah (here) with the blood of Nana, and this woman is not afraid of no one. Jamaica will speak the truth anywhere; Jamaica will rise and shine all over the world; no one man can stop that, Jamaica forever. Love you all; as Bob Marley said, let’s get together and feel alright; let us beat down the wickedness and the lies of the wicked and those who want to ruin the good name and standards of Jamaica; God bless Jamaica and God bless you all.” The Prime Minister appeared to have shortened her address to the audience of
more than 150 as the protestors continued to raise their voices. However, they were eventually escorted out of the building by security personnel. As the protestors were escorted out of the building, the Prime Minister, who was in the country for the unveiling of a monument by the United Nations to honor the victims of the trans-Atlantic slave trade, continued to meet and greet with those who had gathered for the town hall meeting. Meanwhile, the leader of the protestors, Michael Ford, in an interview with the Caribbean American Weekly, said that his group staged the protest in solidarity with their gay brothers and sisters in Jamaica who are being brutalized and murdered while the Jamaican government remains silent about the crimes against gays: “This protest is basically about gay murders that happened in Jamaica over the last two weeks. Two gay guys’ heads were cut off cleanly and up until now, the Jamaican Minister of Security and the Prime Minister have yet to come out and condemn this incident. I am 29 years old and all of my life growing up in Jamaica I have never heard them condemning these acts or these hate crimes or anything like that. The Prime Minister is here to hold a town hall meeting here in the States so we want to ask her at this meeting, what are you guys doing about the murders and the attacks on gay people in Jamaica; what
has your government been doing and why has your government … not yet condemned the act? It’s two weeks and it’s not even on the news. Last year she got an award for her human rights activism at… Lafayette University and we were there trying to get some answers, but she was whisked away in her motorcade and we didn’t get to see her. So pretty much what we are here to do today is just to let her know that we here in the States, we are Jamaicans and our gay brothers and sisters back home, we want to know, what are you doing in investigating their cases, because if it was a straight person or a bisexual person or a downlow or whatever they call themselves, it would have been investigated?” Many of the Jamaicans who attended the meeting but chose to remain anonymous, supported the Prime Minister by condemning the protestors and their actions of disturbing the meeting. They say that while they love people who are gay and will stand up for them as human beings, they are totally against the attitude portrayed by gays who believe they have a right to flaunt their sexuality and that everyone must accept it. They contend that the same rights gay people claim they have to expose their sexuality, people who are straight and who have other cultural and religious beliefs, have that same right to denounce the actions of gays without being criticized for being anti-gay or homophobic.l
St. Maarten 675 Third Avenue, Suite 1807 New York, N.Y. 10017 Tel: 800-786-2278
St. Vincent & The Grenadines 801 Second Avenue, 21st Floor New York, N.Y. 10017 Tel: 212-687-4981 Trinidad & Tobago 125 Maiden Lane New York, N.Y. 10038 Tel: 212-682-7272
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CONVERSATIONS
In Awe and Appreciation of Caribbean Beauties
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BY ARLEY GILL
am a close observer of American culture, entertainment and its entertainers. I always find these aspects of the American way of life fascinating. I have been a keen observer of the soap operas and talk shows, which captivated the Caribbean in the days when cable television was newly introduced to the region, to today’s reality television series — with a few of them exalting the virtues of nudity. The early settlers may not have found it funny to see on television nowadays, modern people trying to survive naked. For my part my favorite show is “The Voice,’’ which is a showcase of talented singers. I am constantly drawn to beautiful singing, wishing that one day the good Lord will bestow on me a much improved singing voice; with such blessing, I’d be able to record a few more calypsos. Until then, however, I will keep practicing. The latest cultural thrust of the American society, it seems — or as much as I can glean from the media — is the celebration of the ladies’ “butt’’. Americans may call it “booty’’. We, in the Caribbean, have a wide variety of names that we use; it all depends on which island one is from. The consistent truth is, that from time immemorial, Caribbean society — and, indeed, men folk — has always been in awe of the “butt’’. For us, in the Caribbean, it is a most distinguishing feature of beauty and sexiness. For Latinos, as well, butt and curves have always had a place of high honor. So, how come American society is just catching up? Maybe it is an exaggeration to say that they’re now catching up, in regard to the millions of immigrants to the United States from the Caribbean and Latin America. But, this latest craze in the U.S. first caught my attention with the American press obsession with Kim Kardashian. The family of the Kardashians has this really popular television reality show, where their daily lives— real or staged — are serialized on TV. Kim Kardashian happens to be a well-shaped beauty, with curves and butt, very much like many, if not like most of our Caribbean women. Well, well, the Americans seem to love it! One cannot read a tabloid these days without mention of that particular body part.
Kim Kardashian, without any other noticeable talent, has become ever so famous. As if not to be outdone, Jennifer Lopez “J Lo” showed Americans what the real stuff is about during the recently held American Music Awards. Oh, how she jiggled and trembled her business. It was terrific stuff! I truly welcome American society to this exciting world. The fact is that, in the Caribbean, we have always appreciated every part and every ounce of our beautiful women. From Kitchener’s “Sugar Boom Boom’’, to Hollis Mapp’s “Rolly Polly’’, the men in the region have been bold about what they love. Truthfully, we have thousands of Kim Kardashians and J Los walking the streets of Bridgetown, Castries, Roseau, St George’s and every other Caribbean city every day. They may not be as famous and wealthy as these two American ladies, Kim and J Lo. But, heaven knows, they look no less. So, while Americans have just started to gasp, our Caribbean men’s mouths have been open for a long time now in awe, astonishment and appreciation.l
Two famous Caribbean beauties: Rihanna (Babrbados) and Nicki Maraj (Trinidad & Tobago)
TEAM
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My people are destroyed for lack of knowledge. —Hosea 4:6 Publisher I.Q. INC.
Managing Editor & Editor-in-Chief Pearl Phillip
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Contributors Vandell Park Arley Gill Jhodie-Ann Williams Candice Bahr Ginita Wall Janet Howard Stephen Elias Walter Ewing Brian Jones
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The views expressed in this column are solely those of Arley Gill. Arley Gill, a lawyer and magistrate, is a former Grenada Minister of Culture.
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4
SPECIAL ELECTIONS
Shirley Patterson Has a Plan for Women and Caribbean-Americans
S
enator Velmanette Montgomery announced that she is endorsing District Leader Shirley Patterson for Assembly because “She stands for the things in which I believe so strongly — equal pay for women, paid sick leave and improving our education system. Shirley has served the community for over 20 years as a School Board Member and Democratic District Leader.” In her endorsement she continued, stating: “Shirley will do what’s right for New York women by fighting to pass all 10 points of the Women’s Equality Act. Women still make only 77 cents for every dollar men earn and confront wrongful inequities, discrimination, and violence. Shirley has a plan to protect New York women. We need Shirley Patterson in the Assembly as our women's equality champion.” A look at Shirley Patterson’s platform shows that she is a strong advocate of issues of importance to women and Caribbean immigrants. Here’s a look:
Women’s Issues Shirley is a strong supporter of the 10 point Women's Equality Act. She believes, unless women gain parity with men and have greater opportunities to succeed, our future and our children will suffer. Shirley believes in full equality, regardless of gender, and recognizes that gender discrimination and lack of equal opportunity for women are ongoing and pervasive problems which negatively impact us all. She will work to eliminate all forms of gender discrimination and to ensure equal opportunity for all New York women.
Shirley will fight to: •Pass the DREAM Act • Push immigration reform on the federal and state level •Expand the NYC ID Program at the state level •Increase funding for immigrant social service programs
Shirley Will Fight For: •Equal pay for equal work and income and work support programs to increase economic security for women; •Increased gender balance on corporate boards, non-profit boards, and executive and judicial branches of government; •Full access to comprehensive health care, including reproductive health care and women’s cancer prevention, screening, and treatment; •Expanding domestic abuse and sexual assault programs, with measures to include age-appropriate anti-violence education; •Full funding for childcare and early education
Domestic Violence Women in the U.S. are 11 times more likely to be murdered with guns than they are in any other developed nation. And more than half of all women killed with guns in our country are murdered by their partners. As your next Assemblywoman Shirley will introduce legislation to reduce gun violence against women.
Disrict Leader Shirley Patterson
Immigration One of Shirley’s core aims as your next Assemblywoman, is to achieve a fairer and more just society that values the contributions of immigrants. Caribbean residents of the 43rd Assembly District are closely connected to this proud and historic immigrant tradition. Like their predecessors, today's immigrants work in the toughest jobs for the least amount of pay, contribute to the tax base, open small businesses that create jobs, serve in the U.S. military and add to the unique diversity of America through their social and cultural contributions. President Obama's decisive action to make our broken immigration system more humane, deserves support across the nation. We must join the president in ensuring that families are kept together, in encouraging DREAMERS to realize their hopes, and in welcoming a community into the long American tradition of immigration. I plan to help make this new immigration policy a success in the 43rd District through sustained community outreach.
Caribbean Affairs As a Crown Heights resident with an extended Caribbean family, Shirley understands the needs of the Caribbean American community. The West Indian Day Carnival Association celebrates Caribbean culture, arts, history and traditions through year-round programs which culminate with a week-long display of festivities and a grand finale Carnival parade expanding the cultural reach of the Caribbean community. As District Leader, Shirley and Senator Hamilton advocated on behalf of steel band members who felt intimidated by police officers in 2014. She created a Caribbean Affairs Committee with Senator Hamilton which provides an interactive forum for the Caribbean community to discuss issues and opportunities that matter most to them.
Standing Together As Maya Angelou said, “Each time a woman stands up for herself, without knowing it possibly, without claiming it, she stands up for all women.” Stand up for Shirley by electing her as your Assemblywoman.Vote for Shirley Patterson on Tuesday, May 5, 2015.l Visit:www.pattersonforassembly.com Call: 646-504-3879
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5
FAMILY MATTERS
Financial Planning for May-December Relationships
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lic and private sources if your spouse dies. For instance, you are eligible to receive survivor benefits from the Social Security Administration if your spouse dies, especially if your children are minors. If you are both working, it’s definitely worth a trip to your company’s human resources department to talk through survivor’s benefits offered by your respective employers.
BY CANDACE BAHR, CEA, CDFA & GINITA WALL, CPA, CFP®
ay to December relationships used to be about the younger woman marrying the older man, but more and more often we see a younger man marrying the older woman. Marriage between contemporaries is tough, but a 20-to-30-year age difference can make it a whole new ballgame. For couples far apart in age considering a trip to the altar, here are some issues to consider:
Consider a pre-nup: Sure, a prenuptial agreement may protect you in divorce, but it has an important secondary benefit — it will force both of you to think about all the financial issues, not only if you split, but if one of you becomes incapacitated or dies. That means exploring all possible worst-case scenarios you might face during your married life. You’ll have to disclose your assets, liabilities and money goals and how you’ll provide for kids you want as well as kids from previous marriages. You’ll also be forced to think about what could happen if one of you becomes sick or permanently disabled and how you’ll feel if you’re still working 10 years after your spouse retires. Even if you decide against a formal pre-nup, the process is a necessary
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first step in planning well for the future. Three things you must have: life insurance, life insurance and life insurance: Yes, older spouses will pay more for it, but life insurance is critical for both spouses. It’s not just about the older spouse dying first. If the younger spouse dies first, the older spouse could also die before the children are on their own. A financial planner can help couples work through these scenarios and find the right insurance options.
Consider long-term care insurance: Even if you stay healthy well into your 90s, but end-of-life care is always expensive. Most nursing home stays last two years and cost well over $100,000 per person. Can you cover that cost out-of-
pocket? Talk about long-term care insurance options.
Women need to become more aggressive investors: Common knowledge has it that the average age of widowhood is 56. Though the longevity gap between men and women will probably narrow in the future, women still need to plan for a longer retirement than men. Add the cost of raising kids as a single parent and other household expenses and retirement can become a distant dream for surviving spouses. Make sure your retirement strategies mesh, and both are reviewed for all possibilities before you say “I do.” Inventory survivor’s benefits now: It’s not a terribly romantic subject, but it makes sense to see what you might get from pub-
Get your wills, health directives and beneficiary information in order: Young couples often wait a few years until talking about wills, right-to-die and other issues tied to mortality. Couples with big age differences can’t afford to wait. Plan it now, and when your marriage is official, make sure you execute new wills, healthcare powers of attorney, medical directives and up-to-date beneficiary information on all your joint and separate assets. It may be hard to think about these issues at the beginning of a relationship, but taking care of this early on — before a tragedy or costly planning mistake occurs — may be one of the greatest gifts you can give to each other. l Candace Bahr and Ginita Wall are cofounders of The Women’s Institute for Financial Education (WIFE.ORG). Reprinted with kind permission.
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6
AMERICAN DREAM
Foreclosure Alternatives: Options For Saving Your Home
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BY STEPHEN ELIAS
Your home is
hen you are at risk of defaulting on your mortgage, or have already fallen behind on your payments, you may have a number of options for keeping your house:
Refinance your mortgage under the federal Home Affordable Refinance Program, or HARP. Usually, refinancing is available only if you have equity in your home—something that is increasingly rare in many parts of the country. However, under the new governmentsponsored refinance program, you may be able to refinance your current mortgage into a 15- or 30-year fixed-rate mortgage. This may not reduce your payment much in the short term, but it will avoid nasty interest rate resets that might be in your future under your current mortgage.
Lower your monthly mortgage payment under the Home Affordable Modification Program, or HAMP. This government-sponsored program provides a way to lower the monthly payment on your first mortgage to 31% of your gross income. HAMP is also discussed in our
your American Dream. The place of
memories with your family and loved
article on refinancing or modifying your mortgage under the Making Home Affordable program.
Negotiate for a modification of your mortgage or payment terms outside of the government programs. It’s clear that the government foreclosure-prevention programs are the main attraction. However, for various reasons, you may not qualify for them. Even then, it still may be possible to negotiate a modification with your mortgage lender if, like many, it would rather have you stay in the house than foreclose on it. Especially if you are on your own, you would do well to use a HUD-approved housing counselor to help you head off the fore-
ones.
closure. The counselor can explain your options, negotiate with your lender, and do a lot for your peace of mind.
File for bankruptcy. If you can’t work out an agreement that will let you stay in your house under certain conditions— and you don’t have the wherewithal to reinstate your mortgage under your state’s law —your next step is to explore filing for Chapter 13 or Chapter 7 bankruptcy. Chapter 13 can give you time to make up your missed payments and might lower your other secured debt payments (your car note or a short-term home equity loan, for example). Chapter 7 bankruptcy can quickly do away with credit card and other unsecured debt and
free up income to use toward your mortgage payments, thereby allowing you to keep your home.
Challenge the foreclosure in court. Finally, you may be able to successfully challenge the foreclosure in court because of irregularities in the paperwork or the procedures followed by the foreclosing party. You will likely take this route only if your negotiations with the lender have failed.
How Bankruptcy Can Help Filing for bankruptcy can be a marvelous way either to save your house or at least to stay in it payment free for longer than you would otherwise. It’s important to understand that Chapter 7 bankruptcy will keep you in your home long-term only if you file while you are still current on your mortgage. It will help you by wiping out (discharging) your other debts, freeing up your income to make your house payments. Chapter 13 bankruptcy, however, can keep you in your home long-term even if you are behind on your payments.l Source:nolo.com
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OBAMA ADMINISTRATION
Adding Up the Economic Benefits of the President’s Deferred Action Initiatives
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BY WALTER EWING
s the Center for American Progress (CAP) points out in a new analysis, immigrants with legal status earn more than immigrants who don’t have legal status. Immigrants who earn more also buy more goods and services from U.S. businesses (not to mention paying more in taxes). And all of this extra spending creates new jobs in U.S. businesses for native-born and foreign-born workers alike. This is not a complicated economic argument to grasp. In fact, it’s common sense; workers who have legal status can change jobs more easily and don’t find themselves stuck in the lowest-wage jobs. Hence the importance of passing comprehensive immigration reform legislation—or, as a stop-gap measure until Congress gets its act together, implementing the Obama Administration’s “deferred action” initiatives. These initiatives include an expansion of the Deferred Action for Childhood Arrivals (DACA) program and the creation of a new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. DACA offers temporary relief from deportation (and temporary work author-
ization) to qualified young adults who were brought to the United States as children. DAPA grants temporary relief from deportation, as well as temporary work authorization, to some unauthorized parents of U.S. citizens or lawful permanent residents. Apart from the humanitarian reasons for putting these programs into action, there is a dollars-and-cents argument as well: if millions of unauthorized workers acquire even temporary work authorization, they will make more, spend more, and pay more in taxes— which will be a boon to the U.S. economy as a whole and to U.S. workers regardless of where they were born.
The new analysis from CAP, “Assessing the Economic Impacts of Granting Deferred Action Through DACA and DAPA,” succinctly lays out the economic benefits of the deferred action programs: “As DACA and DAPA recipients earn higher wages—an estimated total of $103 billion more over the next decade— the U.S. gross domestic product, or GDP, will increase cumulatively by $230 billion over the next 10 years. And it is not just beneficiaries of deferred action who will see wage gains: A booming economy will increase the incomes of all Americans by an estimated $124 billion. The growth in economic activity will also create an average of 28,814 jobs per year over the next 10 years for all Americans.” The CAP analysis is not the first to reach more or less the same conclusion. For instance, the White House Council of Economic Advisers (CEA) has estimated that DACA/DAPA would, over the next 10 years, increase GDP by at least 0.4 percent ($90 billion) or as much as 0.9 percent ($210 billion); decrease federal deficits somewhere between $25 billion and $60 billion; and raise average wages for U.S.-born workers by 0.3 percent, or $170 in today’s dollars.
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Apparently, the self-evident benefits of having a legal workforce are not understood by some public officials. Last December, 26 states (led by Texas) filed a lawsuit against the President’s immigration initiatives. Among other things, the lawsuit argued that the initiatives would impose significant costs upon state governments. The lawsuit made no mention of the broader economic benefits. In February, Judge Andrew Hanen of the Southern District of Texas went along with that reasoning and issued a preliminary injunction against the programs, thereby temporarily blocking them. In the ideologically charged environment surrounding the President’s deferred action initiatives, facts frequently go by the wayside. And that is what is happening in the case of the lawsuit and Judge Hanen’s opinions in its favor. Myth and hyperbole about the “costs of unauthorized immigration” pervade Judge Hanen’s courtroom, leaving no room for any serious discussion of the humanitarian reasons deferred action is necessary, the economic gains it would produce, or the urgent need to actually fix the U.S. immigration system rather than playing political games with it. l
Thursday, June 25, 2015 Early Bird Special ends April 30, 2015
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8 NEWS
IMMIGRATION
Overview of Criminal Bars to DAPA
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n November 20, 2014, President Obama announced a series of reforms modifying immigration policy (“Executive Action”). After the announcement, Department of Homeland Security (DHS) Secretary, Jeh Johnson issued agency-wide memoranda expanding deferred action and revising immigration enforcement priorities. This advisory offers strategies to prevent the removal of individuals who meet the criteria set forth in the memoranda, thus qualifying for the expanded Deferred Action for Childhood Arrivals program (“Expanded DACA”) or the newly-created prosecutorial discretion program for certain parents of U.S. citizens and lawful permanent residents, Deferred Action for Parental Accountability (“DAPA”). The Administration also announced that it has established new priorities for enforcement, many of which are based on criminal conduct or convictions. It stated that these priorities will serve as the bars to the new DAPA program. DAPA offers benefits similar to the Deferred Action for Childhood Arrivals (DACA) program that has existed since 2012. It provides “deferred action,” which means that, even though the individual is undocumented and subject to deportation, the government agrees to “defer” any actions to remove him or her. While deferred action does not provide a
pathway to lawful permanent resident status (a Green Card) or citizenship, it will allow recipients to remain in the U.S. and obtain an employment authorization document that will entitle them to work here legally. Deferred Action status will be for three-year periods. Because the program is a change in policy and not in law, it can be withdrawn at any time and without the procedural protections associated with a person’s visa or immigration status. In the DACA context, DHS has indicated that it may, at its discretion, terminate deferred action at any time. The DHS Enforcement Memo sets out factors that make certain removable immigrants a priority target for arrest and removal. These factors also act as bars to eligibility for DAPA.
Crime Bars to Deferred Action for Child Arrivals (DACA) Not really. DAPA is subject to the abovecited Enforcement Memo, while DACA is not. The DAPA and DACA crimes bars are very similar in some ways. Both DAPA and DACA are barred by conviction of any felony, a “significant” misdemeanor, or three misdemeanors. However, even here there are differences, for example, in the definition of what constitutes a felony and misdemeanor. Also, it is clear that an expungement removes a conviction as an
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absolute bar to DACA, but this has not yet been clarified for DAPA.
How are the crimes bars to DAPA and DACA different? The Enforcement Memo includes bars that apply to DAPA but not to DACA, such as conviction of an aggravated felony and certain convictions and conduct relating to gangs. (Of course, while such conduct or convictions are not absolute bars to DACA, they may serve as negative discretionary or public safety factors in cases.)
Criminal Bars: One Felony, Three Misdemeanors, or a Significant Misdemeanor Defenders who are familiar with the Deferred Action for Childhood Arrivals (DACA) criminal bars will find this part familiar, because this part of the DAPA bars is very similar (although not identical).
Felony For purposes of DAPA, a felony is “an offense classified as a felony in the convicting jurisdiction, other than a state or local offense for which an essential element was the alien's immigration status.” Some states, such as Maryland and Massachusetts, define misdemeanors to include certain convictions that have a potential sentence of more than a year, for example, 18 months or two years. Under the above definition, these should not be “felonies” for DAPA purposes, because the convicting jurisdiction does not classify them as felonies. (The result is different under DACA, which defines a felony as an offense with a potential sentence of more than a year.) The Enforcement Memo provides that a state conviction for which immigration status is an essential element of the offense is not a disqualifying “felony.” However, a federal felony conviction relating to immigration law – for example, illegal re-entry – is likely to be a bar to DAPA and have additional penalties. Warn any undocumented person with such a conviction not to submit any application to immigration authorities without first getting expert consultation, because he or she might be referred for removal and further federal criminal prosecution.
Three Misdemeanor Convictions DAPA can be barred by convictions of “three or more misdemeanor offenses, other than minor traffic offenses or state or local offenses for which an essential element is the alien's immigration status, provided the offenses arise out of three separate incidents.” Minor traffic convictions might include driving without a license, speeding, or driving without insurance. Some offenses, often called “infractions” or “offenses,” are considered to be less than misdemeanors. As of November 24, 2014, it is not clear whether or not these will constitute one of the three misdemeanors for DAPA. If this is important, get expert assistance to evaluate whether the following will be treated as less than a misdemeanor for DAPA purposes: (1) an offense that is punishable by five days in jail or less (this was not a misdemeanor under DACA rules), or (2) the proceeding lacked key constitutional protections for a criminal case, such as the availability at some point of a jury trial, the requirement that guilt be established beyond a reasonable doubt, or other factors (some state dispositions created without these protections have been held not to be a “conviction” for immigration purposes).
Note: Any misdemeanor will become a “significant misdemeanor” if it is for certain types of offenses, or if the person was sentenced to 90 days or more (not including suspended sentences) on any single count.
Conviction of One “Significant Misdemeanor” A “significant misdemeanor” is a standard that applies to both DACA and DAPA. It appears not to be subject to the categorical approach (the federal standard for comparing elements of a prior conviction to a generic definition), and there is not strict uniformity or court review of the definition of the term.l
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IMMIGRATION
Do I Qualify for DACA or DAPA?/ continued from page 1
•Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow our economy and create jobs
•Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee
Next steps USCIS and other agencies and offices are responsible for implementing these initiatives as soon as possible. Some initiatives will be implemented over the next several months and some will take longer. Over the coming months, USCIS will produce detailed explanations, instructions, regulations and forms as necessary. The brief summaries provided here offer basic information about each initiative.
While USCIS is not accepting requests or applications at this time, if you believe you may be eligible for one of the initiatives listed above, you can prepare by gathering documents that establish factors such as your: •Identity; •Relationship to a U.S. citizen or lawful permanent resident; and •Continuous residence in the United States over the last five years or more.l
Who Are the Beneficiaries of DACA and DAPA?
9
1. Deferred Action for Childhood Arrivals (DACA) Program Who •Current DACA recipients seeking renewal and new applicants, including individuals born prior to June 15, 1981, who meet all other DACA guidelines.
What •Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines. •Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007. •Extends the deferred action period and employment authorization to three years from the current two years.
2. Deferred Action for Parents of U.S. Citizens and Lawful Permanent Residents Who •An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.
What •Allows parents to request deferred action and employment authorization if they:◦Have continuous residence in the United States since January 1, 2010; ◦Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and ◦Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.
Notes: USCIS will consider each request for Deferred Action for Parental Accountability (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.l Please read page 8 for Bars to DAPA.
Important notice: These initiatives have not yet been implemented, and USCIS is not accepting any requests or applications at this time. Beware of anyone who offers to help you submit an application or a request for any of these actions before they are available. You could become a victim of an immigration scam. Call 718-222-3155 for a FREE consultation on DACA or DAPA.
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10 NEWS
GREEN PARTY CORNER
10 Things You Didn’t Know about the New York Green Party
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Needless to say, the Democratic and Republican parties remain staunch supporters of Israeli apartheid.
BY BRIAN JONES CANDIDATE FOR LT. GOVERNOR 2014
he Green Party of New York State incorporates in its agenda a commitment to such values as environmentalism, non -violence, social justice and grassroots organizing, in essence, renewing the ideals of democracy without depending on the support of corporate donors and providing real solutions for real problems.
1. Greens are part of the movement to end the New Jim Crow. The Green Party of New York has called for an end to the War on Drugs. New York leads the nation in marijuana arrests, which is the main reason that our jails are filling up with young Black and Brown people. Not only have the Greens marched alongside thousands of other New Yorkers in the new #BlackLivesMatter movement, they have joined calls for ending Broken Windows policing, ending Stop and Frisk, for the restoration of voting rights for felons, and for the formation of a Truth and Reconciliation commission to examine the impact of the War on Drugs on communities of color, and to recommend appropriate reparations to its victims.
2. Greens are staunch supporters of immigrant rights. While the Democrats and Republicans go out of their way to attack immigrants, the Greens have consistently called for New York to be a sanctuary state for immigrants. They support full legal equality and access to public services for immigrants, regardless of their status.
3. Starting with raising the minimum wage to $15 an hour, the Green Party’s jobs plan builds on the best anti-poverty ideas of the Civil Rights Movement. In the late 1960s, Dr. Martin Luther King, Jr. joined with other civil rights movement leaders to propose a Freedom Budget for All Americans. This budget showed that it was possible to end poverty in America by providing every able-bodied adult with a living wage job, and everyone else with a guaranteed income. Today, we can provide millions of New Yorkers with wellpaying work by a state-sponsored program to build our renewable energy infrastructure.
4. The Green Party is the only party that can solve the climate crisis. While the planet continues to burn, New York’s top Democratic politicians receive tens of millions of dollars from the fossil fuel industry. In the long run, that means they are committed to hydrofracking, natural gas extraction, and so-called “cleaner” fossil fuels. The Green Party supports research-based plans to convert the state’s entire energy infrastructure to renewable energy within 20 years. This plan would create millions of jobs. We are going to have a Green economy in the future, or no economy. 5. The Green Party’s health care plan is
better than Obama’s. We support universal, single-payer health care. Everybody in, nobody out, and no hospital bills. All over the world, free, tax-supported universal health care systems have the best outcomes for the lowest cost. Private health insurance companies are an obstacle to quality care because they make money by denying claims. Only a universal, singlepayer system can give everyone access to high-quality medical care and get the profit motive out of the way.
6. The Green Party opposes privatization and union busting. The public sector is five times more unionized than the private sector. Collective bargaining means more wealth and power for working-class people, and the public sector is necessary for providing essential services without serving a profit motive. The Democratic and Republican parties have both promoted the privatization of schools, hospitals, and transportation services, to name a few. The Green Party wants to strengthen the public sector, and expand collective bargaining rights to more workers in more occupations.
7. The Green Party is a truly independent party. The Democratic and Republican parties rely on donations from millionaires and corporations. The Green Party refuses to take money from corporate donors, and limits individual contributions (in New York State) to $2,500. The Green Party aspires to be the party of working people. The rich already have two parties. We need one of our own.
8. The Green Party can win elections. Green mayors have been elected in the villages of New Paltz, Greenwich, Victory, and Cobbleskill. Greens have been elected to town boards, school boards, and city councils in Ithaca, Afton, Ellenville, and other New York cities and towns. In many races in New York’s biggest cities, the Greens on the left have displaced the Republicans on the right as the second party and the main opposition to the status quo Democrats. In the last statewide election, the Green gubernatorial ticket received 5% for third place and received 50% more votes than Govornor Cuomo received on the Working Families Party ballot line. There may be eight ballot qualified parties in New York State ballots, but all the other “third parties” cross-endorse major party candidates. The Green Party is the only “third party” that runs its own candidates against both the Democrats and Republicans.
9. The Green Party supports the movement for Boycott, Divestment and Sanctions on Israel. Israel’s illegal and brutal occupation of Palestine must end. The Green Party has pledged, if elected to executive office in this state, to divest New York State financially from Israel.
10. You can join the Green Party today. You can do this by changing your party registration. You can get the registration form online from the state Board of Elections: http://www.elections.ny.gov/VoterRegFor mRequest.html. You can become a duespaying supporting member by going to the Green Party website: http://www.web.gpnys.com. As a member of the Green Party, you can not only participate in local campaigns, you can help to shape the policy of the state-wide organization.l
Register Now for Law, Business & Politics Leadership Program/continued from page 1
preparing individuals across the five boroughs of New York City and the tri-state area, on the various aspects of political leadership and voter preparation for all levels of federal, state, city and local district elections. Green Party 2014 Gubernatorial Candidate Howie Hawkins, says that after his experience in the 2014 gubernatorial race and the lack of knowledge shown by many New Yorkers about the political process and elections, and in particular, the vast number of individuals who are not cognizant about political leadership for their state, city and local communities, he is very excited to partnering with the Coalition of Chambers of Commerce to provide the relevant political education to all who wish to attend the new University: “I am very thrilled to be a part of this great movement to ensure my constituents across New York State and the five boroughs of New York City, be given the opportunity to learn the political process of this nation and this state. Many individuals have the potential to become political leaders and with this University opening up to them, they now have an excellent chance to become the next District Leader, City Council Member, State Assembly Representative, or even the next Mayor or Governor of this great state of New York. I am happy to partner with Coalition of Chambers of Commerce to launch this University and therefore encourage as many individuals to seize the opportunity to educate themselves about the different processes of political leadership. You are the ones who stand to benefit from this new venture, so grasp the oppor-
tunity now.” The Green Party will undertake to provide a structured curriculum on Leadership Development, Political Advocate Programs, New York Election Law, Campaign Financing/Budgeting, Petitioning, Introduction to Community Organizing, Introduction to Federal Election Law and preparation of New York Campaign Questionnaires. According to Hawkins, this academic institution will help to alleviate the many political problems and hiccups currently existing across New York State and nationally. He says: “It is my hope that with more people being educated about the political process, they will share with their friends and communities, the valuable lessons they will learn at these classes so that the members in their communities will make more informed choices about the people they elect to political leadership. As we have noticed in the past elections in New York State, people have been elected to office who do not have the people’s interest at heart, for instance, Governor Andrew Cuomo and the decisions he is making that are harming our people, especially his decision to partner with the charter schools and cut spending on public education. We need leaders who will represent the needs of their constituents and not their own agenda, and this kind of leadership will only come through proper political education; thus I hope this University will provide that kind of informative and educational structure.” l
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VISIT OUR WEBSITE WWW.CAWNYC.COM FOR MORE NEWS AND INFORMATION, FREE LEGAL CONSULTATIONS AND A CHANCE TO WIN A TV!
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13
ENTERTAINMENT
Meet the Red Hot Line Up at Kings Theatre COMPLILED BY JANET HOWARD
F
antasia Monique Barrino (born June 30, 1984), commonly known simply by the mononym Fantasia, is an American R&B singer and actress. She rose to fame as the winner of the third season of the reality television series American Idol in 2004. Following her victory, she released her debut single, "I Believe," which debuted at number one on the Billboard Hot 100. Subsequently, she released her debut album, Free Yourself, which went on to be certified Platinum by the RIAA and garnered
T
essanne Amanda Chin (born September 20, 1985) is a Jamaican recording artist, best known for winning Season 5 of NBC's reality TV singing competition, The Voice, as part of Adam Levine's team. She has opened for famous acts such as Patti Labelle, Peabo Bryson and Gladys Knight, and toured for three years with Jimmy Cliff. Her major label debut album, “Count on My Love,” was released on July 1, 2014, under Republic Records. Tessanne has collaborated with fellow Jamaican artists Shaggy ("Never Let Go") and Protoje ("Someone Like You"), the Trinidad and Tobago soca band Kes ("Loving You") and was featured in a track by the legendary Jamaican band Third World, titled "By My Side." She appeared as a special guest of Third World at the Highline Ballroom in New York City in April 2011. "By My Side" was featured in the soundtrack of Robert Townsend's series "Diary of a Single Mom" starring Monica Calhoun, Leon, and Billy Dee Williams. Tessanne has since broken new ground – performing at the White House for President Obama. Her album 'Count on My Love,' her first since winning the Voice includes popular songs like “Tumbling Down,” “Everything Reminds Me of You,” “Always Tomorrow” and “People Change.”
K
es (commonly known as Kes the Band or KTB) is a soca band formed in Trinidad in 2005. The group's musical style primarily consists of soca, influenced by calypso, dancehall and reggae, with elements from other genres such as rock and dance music. It is some-
Barrino three Grammy nominations in 2006. In 2006, she released her second album, Fantasia, which featured the single, "When I See U" which topped the Billboard Hot R&B/Hip-Hop Songs chart for eight weeks. The album was certified Gold by the RIAA and received three Grammy nominations in 2008. She then played the part of Celie in the Broadway musical, The Color Purple, for which she won a 2007 Theatre World Award. Her third studio album, Back to Me, was released worldwide on August 24, 2010 and features the single, "Bittersweet," which peaked in the top ten on the R&B chart. The single won her a Grammy for Best Female R&B Vocal Performance. As of February 2012, Barrino has sold 2,842,000 albums and 1,425,000 tracks in the United States. In 2012, VH1 ranked her number 32 out of the 100 Greatest Women in Music. On October 16, 2014, she was inducted into the North Carolina Music Hall of Fame. Barrino has been nicknamed "Baby Patti LaBelle" by her idol Patti LaBelle. l
Her diverse style is influenced by artists from a wide range of genres such as Andrea Bocelli, Aretha Franklin, Barbra Streisand, Céline Dion, Diana King, Emeli Sandé, Mahalia Jackson, Pat Benatar, Beyoncé Knowles, Pink and Tina Turner. Tessanne married Jamaican radio personality Michael Cuffe in 2011. The two had been best friends for four years prior to marriage. As advised by Celine Dion, the couple will wait at least five years before having children. Currently, they are separated and have requested their privacy.l
times described as Island Pop or Caribbean Pop. The band consists of founding members Kees Dieffenthaller (lead vocals), Hans Dieffenthaller (drums), Jon Dieffenthaller (guitar) and Riad Boochoon (bass guitar). Kees, Hans and Jon are brothers. Noted for high energy live performances and the soulful voice of lead singer (Kees), KES has captured the hearts of many. It has become one of the most popular and sought after bands in Trinidad and Tobago, throughout the Caribbean, U.S. and Canada. Kes was formed in 2005. Hans, Jon, Kees and Riad are alumni of Presentation College, San Fernando in Trinidad & Tobago.l
D
avid Constantine Brooks (born November 30, 1981), better known by his stage name Mavado, is a Jamaican musician, actor, singer and music producer. Raised in Kingston, Jamaica's Cassava Piece community, Mavada’s grandmother gave him his first musical experience at a young age, bringing him to church to sing He cites the music of Bounty Killer as an early influence.The boyhood idol became his mentor when at the age of 15, Bounty took him under his wing to show him the ropes of the music industry and introduced him to his manager, dancehall music business legend, Julian Jones-Griffith, who would go on to manage Mavado's illustrious career. He decided to name himself "Mavado" after the Swiss watch company
C
apleton (born Clifton George Bailey III, April 13, 1967, Saint Mary, Jamaica) is a Jamaican reggae and dancehall artist. He is also referred to as King Shango, King David, The Fireman and The Prophet. His record label is called David House Productions. He is known for his Rastafari movement views expressed in his songs. In 1989, he got his first big international exposure. Stewart Brown, owner of a Toronto-based sound called African Star, gave the untested artist his first break, flying him to Canada for a stage show alongside Ninjaman and Flourgan. When Capleton first arrived on the scene in the late 1980s, slackness and gun talk were the dominant lyrics in the dancehalls. The pre-Rasta Capleton had a string of hit songs from "Bumbo Red" to "Number One
M
Movado, with his manager altering the spelling. His debut single, "Real McKoy" on the Anger Management riddim in 2004, provided him instant success. He further established himself with the follow-up record "Weh Dem a Do", on the Red Bull & Guinness riddim, that had the distinction of hitting Billboard. After a string of hits in 2005 and 2006, Mavado released the album Gangsta for Life: The Symphony of David Brooks 10 July 2007 on VP Records."Weh Dem A Do" and "Dying", two singles from the album, were featured heavily on R&B/hip-hop radio in the US and around the world. In 2008, Mavado was given the prestigious UK MOBO Award for Best Reggae Act. In April 2010, Mavado starred as a gangster in Drake's song, “Find Your Love” for Drake's album, “Thank Me Later”. He has also collaborated with many of the world's top urban acts including Busta Rhymes, Wyclef, Ludacris, Birdman, Fabolous, Ace Hood, Akon, Snoop Dogg and is the only Jamaican act to have worked with Jay Z. l
on the Look Good Chart" and "No Lotion Man". He recorded the song that began to establish his significant place in Dancehall, "Alms House" in 1992. The tune became a big hit in the dancehall, followed up immediately by "Music is a Mission" and the massive hit "Tour". By 1993, he was voicing tunes which became increasingly conscious, such as "Prophet" and "Cold Blooded Murderer". Tunes such as "Tour" and "Wings of the Morning" earned him a deal with Russell Simmons' Def Jam Recordings, which culminated in the Prophecy and I-Testament albums of the mid-1990s. Capleton has faced criticism for anti-gay lyrics in some of his songs though homosexuality remains illegal in his native Jamaica. His manager has argued that some of the controversial lyrics have been mistranslated and do not actually refer to gays.Capleton himself has admitted that through his Rastafari faith he believes that a homosexual lifestyle is not right, but has insisted that terms such as "burn" and "fire" are not to be understood in the literal sense "to go out and burn and kill people", but as a metaphor for "purification" and cleansing. As part of an agreement to end the Stop Murder Music campaign, Capleton and other artists allegedly signed the Reggae Compassionate Act (RCA) in 2007.l
arion Hall (born July 12, 1972), better known as Lady Saw, is a Jamaican reggae singer who began performing with local sound systems at the age of fifteen. Her performances brought her to the attention of record producers and she recorded her first single for producer Piper, and "Love Me or Lef Me", produced by Olive Shaw received significant airplay. She had her first hit with "If Him Lef" and she topped the Jamaican charts with "Good Man". She soon became known for her slack style, with songs such as "Stab Up De Meat". Her performances were banned in some parts of Jamaica,This prompted her to record "Freedom of Speech" in protest. She enjoyed a big hit in Jamaica with "Hardcore" in 1994, and followed it with "Welding Torch." She also recorded "Condom," warning girls of the dangers of unprotected heterosexual sex.l
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14 NEWS
HEALTH
April Is STD Awareness Month. Know the Facts! GYT: Get Yourself Tested
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pril is STD Awareness Month, an annual observance to raise public awareness about the impact of STDs on the lives of Americans and the importance of preventing, testing for, and treating STDs. It is an opportunity to normalize routine STD testing and conversations about sexual health. Some of the most common STDs are chlamydia, herpes and gonorrhoea. Around 3 million new cases of chlamydia are reported each year, with adolescent women being the most commonly affected. But STDs like chlamydia are passed through unprotected sex, and can often be prevented by using condoms. While chlamydia can be treated with the use of antibiotics, STDs like HIV/AIDS are for life and will require continual treatment. It is thought 1 in 5 Americans living with HIV don’t know they have it, and that’s why it’s so important to know early HIV symptoms and get tested. False assumptions about sexually transmitted diseases (STDs)—how they're spread, treated, and prevented—are everywhere and it can be especially hard for people to get the facts. Here are five you need to know: •You can't tell someone has an STD just by looking at them.
•Using latex condoms and dental dams the right way every time you have sex. •Getting an HPV vaccine, which can protect you against diseases (including cancers) caused by the human papillomavirus.
•STD tests aren't always a part of a regular doctor visit. •Almost all STDs that can be spread via unprotected vaginal sex can also be spread through unprotected oral and anal sex. •Using a condom can take a lot of the worry out of sex, since it can prevent unintended pregnancy and protect you from STDs. •STD testing is a basic part of staying healthy. Because half of the estimated 20 million STDs that occur in the United States each year are among young people, STD Awareness Month 2015 is focused on this population. This month-long observance provides an opportunity to clear up misperceptions about STD prevention and testing, and confront the unique chal-
lenges that young people face when it comes to preventing these infections. Know the Facts Half of all sexually active young people in the United States will get an STD by the time they're 25—and most won't know it. Not having sex is the only way to prevent STDs. This includes vaginal, anal, and oral sex. If you are sexually active, however, you can lower your risk of getting STDs by: •Being in a long-term mutually monogamous relationship with a partner who has been tested and does not have STDs. •Limiting the number of people you have sex with if you have more than one partner.
GYT: Get Yourself Tested Getting yourself tested for STDs is one of the most important things you can do to protect your health. Not only is it quick and simple, it's also usually confidential. A 2014 study found that onethird of adolescents didn't talk about sexual health issues with their physicians at all during annual health visits. It is important to be honest with your health care provider about your sexual history so that he or she can provide you with the appropriate STD testing and prevention guidance. If you're not comfortable talking with your regular health care provider about STDs, there are many clinics that provide confidential and free or low-cost testing. It is also important that you find and visit a doctor or other medical provider who stays current on STD and HIV testing recommendations.l
Source: cdc.gov
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15
LOVE & RELATIONSHIPS
Pornography Addiction—What to Do When the Other Woman Is on a Screen
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BY JHODIE-ANN WILLIAMS
eroin, cocaine, high consumption of alcohol—these are known addictions and red flags in any relationship—but what about porn? We live in a culture where sex, ambiguous or not, is constantly flooding our consciousness. As a result we’ve become desensitized to how serious the consequences can be for individuals who experience sexually driven addictions, such as pornography. This, coupled with a “boys will be boys” mentality, has blurred the lines of what women should and should not expect in a healthy relationship. According to the American Psychiatric Association, addiction is “a chronic brain disease that causes compulsive substance use despite harmful consequences.” Regardless of what substance is placed in front of the word addiction, it remains an addiction—a disease. It’s easier to reason away behaviors that are harmful to a relationship, when the harm is not as blatant, but porn addiction can destroy the fundamental qualities of a relationship. Here are some signs that women should pay attention to: 1.) He is spending a significant amount of time online and is secretive about what he is doing on the internet 2.) He is emotionally and mentally
unavailable to you 3.) His sexual tastes have changed drastically—more rough and aggressive 4.) He is increasingly critical of your body and comparing you to adult film stars 5.) He becomes defensive and evasive when you bring up the amount of porn he is watching Recent studies from the American Psychological Association show that there are parallels between porn and other forms of addictions, but the effects are not as evident as kidney failure, loss of
teeth, hallucinations, and extreme weight loss, so the severity is hard to measure. Still, sexually driven addictions are increasingly being discussed in the science world and counseling sessions, as women begin to realize that their partner’s obsession with sex on a screen can be more than just an innocent pastime. The connecting thread that links all addiction is a neurotransmitter and hormone in the brain called dopamine. The brain releases the hormone when it is exposed to any stimuli, which makes a person feel good. Different levels of this neurotransmitter affects our emotions. If it’s too low we can experience sadness, fatigue and depression. When high levels are released, triggered by whatever stimulant works for us, happiness, excitement, and euphoria can be experienced. Women who choose to stay in a relationship, without seeking relationship counseling, despite signs of porn addiction need to put the concept of addiction into perspective. The same hormone released in the brain when a porn addict is exposed to sexual explicit material is no different from when a crack addict sees a crack pipe or an alcoholic pulls into the parking lot of a bar. If the compulsion to watch porn becomes stronger than his desire to spend time with his girlfriend, fiancée, or wife, then the neurochemical release of
dopamine, as with any other addiction, cannot be matched—not even by her. It’s the reason why drug and alcohol addicts completely give up their families, friends, jobs, and self-respect for their substance of choice. They crave that high and will completely disregard all logical reasoning to achieve it. Long-term implications of staying in a relationship with someone who is addicted to porn can be detrimental to a relationship. Very rarely does the same degree of sexual explicitness continue to achieve the same level of neurochemical reaction that the addict is used to. Eventually they hit a plateau, which propels them into a search to find something stronger. Pornography can be a gateway to other behavior, like cheating, which is more difficult to just sweep under the rug. The feelings of self-consciousness and inadequateness are often inevitable for women who are in a relationship with a man addicted to pornography; however, men who suffer with porn addiction cannot see their partner for who she is they can only see her for what she can’t be. It doesn’t matter how beautiful, caring, attentive, and intelligent a woman is, she simply cannot compete with an addiction. That’s why it’s important for couples to seek help and counseling, especially if they plan on continuing a relationship. l
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16 NEWS
FINANCES & TAXES
Tax Refunds & Bankruptcy
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f you are considering filing for Chapter 7 bankruptcy and you are expecting to receive or have received a tax refund, you probably want to know what happens to that refund. In general, whether you lose the refund or not depends on the timing of your bankruptcy and the receipt of your refund. But there are things you can do to make sure you keep your tax refund. When a debtor files for Chapter 7 bankruptcy, all of the person’s assets become part of the bankruptcy estate, which is administered (controlled) by the Chapter 7 bankruptcy trustee. The Bankruptcy Code defines assets very broadly. It includes more than money in the bank or property, such as a car. A tax refund is an asset that the trustee can use to pay unsecured creditors. It is very likely that the trustee will ask about a tax refund at your meeting of creditors. In Chapter 7 bankruptcy, the trustee can use the assets you have when you file for bankruptcy to pay off your creditors. You can keep any assets you receive after filing for bankruptcy, however. A tax refund can be tricky because it often involves a process that begins before the bankruptcy filing date and continues afterwards. Whether you can keep your tax refund from income earned before you file bankruptcy depends on how you manage the timing of your bankruptcy and receipt of your tax refund. In most cases, if you plan ahead you’ll be able to keep your tax refund, or use the money for other expenses.
Depending on how far in advance you know you will be filing for bankruptcy, there are three things you can do to keep your tax refund from creditors: • adjust your withholding to reduce your refund to a minimal amount • spend the refund on necessary expenses, or • Include the refund in your bankruptcy exemptions.
What to Do If You Think You May File for Bankruptcy within a Year If you think that you are going to file for bankruptcy in the next year, you can avoid the refund issue by adjusting your tax withholding so that you only pay the tax you owe. You will get more money in each paycheck and your refund that will be too small to provide any meaningful payment to your creditors. The trustee may abandon the refund, meaning that you will be able to
keep the money. It is important to make sure, however, that you continue to withhold a sufficient amount to cover the taxes you do owe.
What to Do if You Receive a Tax Refund Check Before Filing for Bankruptcy If you have received your tax refund and have not yet filed for bankruptcy, you can keep the money out of your bankruptcy estate by spending it. The trustee cannot use money to pay your creditors that you no longer have. If you spend your tax refund before you file for bankruptcy, make sure you spend it on necessary items. Approved expenses include: • mortgage payment, rent, or home repair • utilities • food • clothing • medical care
• car payments, maintenance, or • Education. Expenses that are not allowed include: • luxury goods • repayment to a friend or family member, or • Repayment of one credit card. If you buy luxury goods, the trustee could seek to deny your discharge because of bad faith. If you pay back one of your creditors and ignore the others, the trustee may find that you have made a preferential payment. This means that you have favored one creditor over another. The trustee can force the person or company who received the money to return it to the estate. Therefore, if you spend your tax refund, make sure to spend it on necessary expenses. In addition, keep very good records of how you used the money.
What to Do if You Receive a Tax Refund Check After Filing for Bankruptcy A tax refund you receive after the petition is filed will be part of your estate if it is based on income you earned before the bankruptcy. You may, however, be able to keep it. In bankruptcy, every debtor is allow to keep (exempt) a certain amount of property regardless of how much the person owes to creditors. The amount a person can exempt depends upon the state where the bankruptcy petition will be filed. Some states have a generous amount for exemptions that could cover a tax refund.l Source: nolo.com
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SMALL BUSINESS MATTERS
A New Chamber to Help Jamaican Entrepreneurs
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BY MARILYN SILVERMAN
he modus operandi of chambers of commerce on a global scale is to facilitate the process whereby entrepreneurs strive to fulfill their lifelong dreams and see their businesses both grow and prosper in today’s competitive economy. The year 2014 saw the birth of yet another chamber whose target market is the Jamaican-American entrepreneur. And that chamber is the JamaicanAmerican International Chamber of Commerce (JAICC), that enjoys the distinction of being the latest member to join the growing family of our Coalition of Chambers of Commerce; its illustrious president is Ms. Marcia Roberts, herself an entrepreneur, the owner of a trucking business. What motivated this successful entrepreneur to launch this chamber? The answer is quite simple. She is cognizant of the “benefits that a chamber of commerce can provide for businesses internationally and nationally, benefits such as the opportunity to channel your business to a higher level, network with experienced business owners, help your business grow, and open doors for growth for the Jamaican economy.” The Jamaican business owner will be able to become aware of the wonderful benefits of chamber membership via
JAICC President Marcia Roberts
Marcia’s web-based radio show, The Jamaican Business Hour, as well as via The Franchise Show. Mr. Brian Figeroux, Esq./Founder/Chairman, Coalition of Chambers of Commerce, will provide his immigration expertise to the target listenership of multicultural entrepreneurs. Franchises are particularly attractive to Jamaicans since they can be assured that should they want to invest in a franchise, they know that that they will be the beneficiaries of a supportive network of franchise owners. Marcia is presently embarking on
organizing a phenomenal conference in October in Kingstown, Jamaica. The Keynote Speaker will be Brian Figeroux at a conference whose theme will be to brainstorm on business matchmaking whereby people will learn how to do business in the State of New York and in the United States at large as well as doing business in Jamaica; in essence, they will become knowledgeable about the exciting world of importing and exporting. Other expected participants will be Jampro, an import/export company and the Minister of Trade and Foreign Affairs. As Marcia astutely observed, “We want to move Jamaica to tap into the global market.” Quite conceivably, Jamaicans can find a market for bell peppers, ginger, curry, ackee, yellow yams, sweet potatoes, and green bananas here in the States. As long as there’s consumer demand for your products, you can find a market. So they will have to do their due diligence. “We want to make these products more accessible to people in the U.S. They are not that accessible because of the cost of transit.” Similarly, there’s a demand for U.S. products, e.g., apparel, grapes, apples, and liquor. “We want to make people aware of the products that are here, that you can sell to Jamaica.” Another goal is to expand a program that is currently operative in Jamaica “that
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gives you a permit to work in hotels, farms, delis,” thus expanding job opportunities for those interested in working in these fields. Jamaicans can also learn about lucrative job opportunities. What is this lucrative job opportunity? Becoming a distributor, is a job title that does not require experience; instead, it requires a degree of marketing savvy and aggressiveness. “Their strategy would involve going from store to store in the U.S. to promote their product.” JAICC will schedule its meetings at the Jamaican Consulate that serves as an ambassador for both the Jamaican business and non-business community. JAICC would like to invite Jamaican entrepreneurs to the Minority Procurement Conference, April 23, 2015, BNY Mellon, 101 Barclay Street, New York, and the Multicultural Business Expo, June 25, 2015, New York Marriott at the Brooklyn Bridge. Attendance at both of these events will enable them “to network, partner with other people, meet different people, such as the Hon. Scott Stringer, NYC Comptroller, the Keynote Speaker.” In essence, Marcia wants an increasing percentage of Jamaicans to tap into the global market and via membership in the newly launched, Jamaica International Chamber of Commerce.l
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18 NEWS
DIASPORA CONCERNS
Continuous Residence and Physical Presence Requirements for Naturalization
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In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency.
f you meet certain requirements, you may become a U.S. citizen either at birth or after birth.
To become a citizen at birth, you must: •Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR •had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements
To become a citizen after birth, ou must: •Apply for “derived” or “acquired” citizenship through parents •Apply for naturalization
Naturaliization Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
Continuous Residence Continuous residence means that the applicant has maintained residence with-
in the United States for the required period of time as follows: •Applicants are required to show that they have: •Resided continuously in the U.S. for five years before applying, or •Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens
Extended Absences Extended absences outside of the U.S. may disrupt an applicant’s continuous residence. •Absences of more than six months but less than one year may disrupt an appli-
cant’s continuous residence unless the applicant can prove otherwise •Absences in excess of one year or more may disrupt an applicant’s continuous residence
Physical Presence Applicants are required to show that they were: •Physically present in the U.S. for thirty months within the five year period before applying, or •Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens
Exceptions Section 316 paragraphs (b), (c), and (f) of the Immigration and Nationality Act allows for certain exceptions to the continuous residence requirement for those applicants working abroad for: •The United States government, including the Military •Contractors of the United States government •A recognized American institution of research •A public international organization •An organization designated under the International Immunities Act If you seek to preserve your continuous residence for naturalization purposes while employed abroad by one of these recognized institutions you must file Form N-470, Application to Preserve Residence for Naturalization Purposes with USCIS.l
Source: uscis.gov
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NEWS
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