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BY SUSAN BIBLER COUTIN, JENNIFER CHACÓN, SAMEER ASHAR & STEPHEN LEE,UNIVERSITY OF CALIFORNIA, IRVINE
Thursday, June 22, 2017 See back page for details
n Jan. 25, Donald Trump signed a sweeping executive order on immigration, expansively defining the “criminal aliens” he intends to target. He has eliminated old immigration enforcement priorities. Now, discretion will be exercised by immigration agents with little guidance from the executive continued on page 14
Laws of Succession for NY Relating to Apartments ... see page 8
What Does the Future Hold for Haitians with TPS? The Trump Administration May Terminate It
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BY ROYCE MURRAY
ince a massive earthquake ravaged much of Haiti, nationals of the country have been allowed to live and work in the United States under a benefit called Temporary Protected Status (TPS). Their status, however, may soon be terminated by the Trump administration. The Department of Homeland Security (DHS) must decide the fate of Haiti’s TPS designation by about May 22, two months in advance of the date it is due to expire. Haiti provides the first
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Brian Figeroux, Esq.
The Government Is Searching Phones Now ... see page 4
Caribbean Business Titan Passes ...page 2
Barbados Urged to Call IMF ... page 2
Nicki Minaj Breaks Records ... page 17
Jamaican Minister Green on the Next Generation of Entrepreneurs ...see page 2
Equity Smart: How to Save Money by Using Pros ...see page 12
Bertha Lewis on the BedfordArmory Union ...see page 3
Social Security Benefits ... page 18
AILA Attorney Hosts Immigration Training Seminars to Combat Deportation ... see page 22
2
Caribbean Consulates
Anguilla 845 Third Avenue New York, N.Y. 10022 Tel: 212-745-0200
Antigua & Barbuda 305 East 47th Street, Suite 6A New York, N.Y. 10020 Tel: 212-541-4117
The Bahamas 231 East 46th Street New York, N.Y. 10017 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: 212-593-0999
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: 212-599-8478
Grenada 685 Third Avenue, Suite 1101 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, 2nd Floor 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, 20th 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 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, 4th Floor New York, N.Y. 10038 Tel: 212-682-7272
For more Consulate information go to www.cawnyc.com/directory
Caribbean Business Titan Passes Away
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ore than five decades ago when Dr Anthony Norman Sabga became Trinidad and Tobago’s first entrepreneur to launch a local manufacturing enterprise called ANSA Industries in 1966, he meant business. Fast-forward to 2017, and he can be deservingly called the Titan of Port of Spain. At the age of 94, the renowned businessman and philanthropist passed away. Sabga had a long and distinguished career at home and in the wider Caribbean. According to information provided by the Ansa McAl Group, the Syrian-born Sabga migrated to the twin-island republic in 1930 and stepped in the world of business with his father, NS Sabga and Sons. After he successfully built ANSA Industries, which made refrigerators, televisions and other household items from scratch, he pursued interests in the garment industry and real estate development, creating the well-known Regents Park. The ambitious, relentless businessman then went on to acquire the troubled McEnearney Alstons Group in 1986, and transformed the 28-company group into a regional wide conglomerate. “He tripled the number of companies to over 70 in 2017, commanding profits that grew fortyfold over that period, and providing a share value that grew by 15,000 per cent,” Ansa said in its statement. Scores in Trinidad and Tobago have been reflecting on the legacy of the business mogul. In a statement, Prime Minister Dr Keith Rowley said: “Anthony is an example to all of us, of the heights that can be
Jamaica to Add Entrepreneurship to School Curriculum
Dr Sabga
achieved through determination, foresight and an unwavering pursuit of excellence”. In the eyes of Opposition leader Kamla Persad-Bissessar, Sabga was the quintessential Caribbean man who will remain an inspiration for generations to come “Dr Sabga’s life story is truly inspiring, as he came from humble beginnings and meticulously built a business empire over the course of several decades, becoming one of the most successful entrepreneurs in the Caribbean,” she said. In a glowing tribute, the Employers Consultative Association of Trinidad and Tobago said the country and the rest of the region had lost a visionary, entrepreneur and a distinguished leader who made sterling contributions to the development of business and entrepreneurship. “Dr Sabga’s distinctive transformation of his simple beginnings and modest resources into an immutable legacy certainly teaches us that we should not allow ourselves to be defined by our circumstances. “Rather, it is our imagination, determination and dignified response to life’s challenges that will ultimately influence our success, ” it noted.l
IMF Call: Barbados Told It’s Time to Seek Urgent Help
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ridgetown, Barbados: Former Governor of the Central Bank, Dr Delisle Worrell has advised the Barbados government to seek immediate help from the International Monetary Fund (IMF) to steer the economy out of its current rut. In an economic letter published three months after he was fired as the Government’s chief economic adviser, Worrell insisted this was virtually the only alternative for the Freundel Stuart administration which has been struggling to contain spiraling debt, dwindling foreign reserves, high public spending and falling revenues, against the backdrop of major downgrades by international credit rating agencies. Stressing that the island had to act now to safeguard its 2-1 peg to the U.S. dollar, Worrell further warned that job cuts in the public service must be a plank of any restructuring exercise. He noted that the IMF “can assist in designing the reform process to increase efficiency through the employment of higher levels of skill and the appropriate use of new technology, with no permanent diminution in the quality of public services.” The economist chided the Government for failing to take corrective action to halt the slide in foreign reserves, again
IN THE NEWS
Dr Worrell
raising concern about continued financing from the Central Bank, unchecked spending and the slow pace of public sector reform. “The most pressing economic challenge Barbados faces today relates to the excess of public sector spending over tax revenues, and the unsustainable level of borrowing from the Central Bank. “Reduced government spending and forceful measures for public sector reform are the key to arresting foreign reserves losses and securing the exchange rate anchor,” stressed Worrell. The economist, who was sacked shortly after he publicly scolded the government for spending more than it earns, again stressed that Barbados must bring its earnings in line with its spending.l
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Minister Green
amaica is getting a jumpstart on building a new generation of entrepreneurs. When the new school year opens in September, grade nine students at 168 high schools will have a new subject on their timetable — entrepreneurship. It’s all part of the Junior Achievement Company of Entrepreneurs (JACE) Secondary Early Entrepreneurial Development (SEED) program, a threeyear agreement between the United States Agency for International Development (USAID) and Junior Achievement Jamaica. At the recent launch, Minister of State in the Ministry of Education Floyd Green said students would benefit from real-life business experiences to build knowledge, capacity and confidence to form their own businesses. He said it was part of the Government’s thrust to deal with the issue of joblessness, while creating new opportunities for the youth. “We are pushing innovation, creativity, social entrepreneurship; we are pushing the next generation of entrepreneurs. That is how we will treat youth unemployment, and that is how we will bring the prosperity that we all seek,” he said. Green noted that Junior Achievement Jamaica, which has more than 15 programs across the island, has been reaping big dividends over the last eight years. “We have touched the lives of more than 50,000 young people, and we have placed the focus squarely on entrepreneurship, financial literacy and how they can transition into the workplace,” he pointed out. Project Manager of the JACE SEED program, Yanique Taylor, outlined that the 14-week program will be taught by highly trained teachers and volunteers once or twice per week. It will feature a comprehensive inclass learning curriculum designed to teach the fundamental skills to build a successful business, as well as entrepreneurial skills to earn and keep a job in high-growth career industries. USAID’s Director of the Office of Citizen Security, Andrew Colburn is excited by the three-year initiative. He said some 72,000 youth will be impacted and at least 1,900 student businesses will be created to enhance the “hands-on, experiential learning experience for the students.”l
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TIME FOR ACTION
“Your Luxury Is Our Displacement”: The BedfordUnion Armory and the Fight Against Gentrification
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BY ELIAS GEBREHIWOT
he Bedford-Union Armory is a New York City-owned, historic armory in Crown Heights, Brooklyn. The city government wants to “revitalize” and “redevelop” this vacant space working with BFC Partners, a Brooklyn-based real estate developer. But residents of Crown Heights oppose the redevelopment plan and have been fighting to “kill the deal.” They have marched carrying signs that summed up their frustrations. “Your Luxury Is Our Displacement,” one protest sign reads. The question remains: Why has this project become so controversial? One word may be the key: Gentrification. According to a Daily News report on April 10, 2017, BFC “hopes to turn the old Crown Heights Armory into a mixeduse project with rentals, condos and a recreation area, with half the units being earmarked as affordable housing.” The Daily News, however, mentioned that community activists contend “[the project] does not include enough affordable housing and will push people of color out of the neighborhood in favor of wealthier white residents.” Vaughn Armour, a member of New York Communities for Change, told Daily News the project “is a gentrification project” and “[will] displace thousands of Crown Heights residents, and will be built by workers who will have little protections.” The advocacy group, New York Communities for Change, recently conducted a study that concluded, “white families are far more likely to qualify for the ‘affordable’ units at the armory.” Curbed.com reported that the group reached this conclusion after analyzing Brooklyn’s census data. Their study showed “the project is not for AfricanAmericans and Latino residents of the area. It’s for white newcomers who earn higher incomes and can afford to pay more to live there….As white-headed households make up more than half of the families who earn over $75,000 in Brooklyn, it is more likely that white households will win any lottery for affordable units in the Bedford Armory.” The Daily News also reported quoting the advocacy group's study: “Most of the affordable housing units planned for the Bedford Union Armory, 99 apartments, will go for around $2,200 a month for tenants making nearly $90,000 a year for a family of three… Another 49 of the affordable apartments will go to families making around $40,000 a year, renting for $1,020 a month, and 18 will be for tenants who
make around $32,000, renting for just over $800. The rest of the rentals at the site, 164 apartments, will go for free market rates….About 58% of Brooklyn families who make over $75,000 are white, while 26% are black and 12% are Latino….In the neighborhood around the site, the median income is $60,766 for white heads of household, compared to $45,476 for blacks and $37,379 for Hispanics.” Stephanie Baez, the spokeswoman for the city Economic Development Corporation, which backs the Armory project, downplayed the negative impact it will have on people of color. In her response to the Daily News report, she claimed the “project is designed by and for the community, as a home for neighborhood groups and a massive new recreation center for kids. The housing portion makes the rest of the project possible — and half of the homes go to local residents.” However, Baez’s PR statement cannot convince Bertha Lewis, the President and Founder of the Black Institute, and a veteran community leader who has been fighting for over 30 years to make sure that New Yorkers have real affordable housing and responsible development. Ms. Lewis has fought successive mayors, from Ed Koch to Michael Bloomberg, and now is fighting against
De Blasio, whom she admonishes as “the so-called progressive mayor.” She asserts that the Armory project is “a deal done in the dark.” According to her, what is even worse is that the developer “has an unsavory record of development…[and] has been sued by tenants because of shoddy work.” Ms. Lewis knows too well that the project was never “designed by and for the community.” “It is so outrageous that this is a blatant gentrification plan in the heart of Crown Heights. We’ve seen this type of thing happen in Harlem and certainly has happened throughout Brooklyn — and we’ve formed a coalition of clergy, labor, tenants, community organizations, and we say NO! We are going to scrap it, kill it,” said Ms. Lewis. “Our message has been to City Council Member Laurie Cumbo and the Mayor: Laurie, do the right thing, it is not too late, you’ve made a mistake, kill this deal! Mr. De Blasio, Do the right thing; you’ve made a mistake, kill the deal! If we kill the deal, we can turn the Armory into a community land trust in which the community can have affordable housing, real jobs, and real recreation facilities forever. The Bedford-Union Armory is where we draw the line. We say NO! We will put out your lights to preserve Crown Heights!”l
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CIVIL RIGHTS
Why Did the Government Search an Artist’s iPhone at the Border?
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BY MATT CAGLE & CHRIS CONLET ACLU OF NORTHERN CALIFORNIA
n late February, Aaron Gach was returning to the United States from Brussels. An artist and activist, he had been abroad exhibiting works about mass incarceration, government control, and political dissent. In his pocket was a smartphone. During a customs inspection at San Francisco International Airport, officers with Customs and Border Protection (CPB) forced Aaron to submit to an interrogation and a search of his phone, despite no apparent justification. Today, we filed an administrative complaint on Aaron’s behalf that challenges the unconstitutional search and asks for a review of CBP's flawed device search policies and practices. As with most smartphones these days, Aaron’s held his private correspondences; contact information for his family, friends, and colleagues; and social media applications rich with sensitive data. His phone also contained information about his social and political activism — including the fact that he had installed the ACLU’s Mobile Justice app. All of this information would be easily accessible to anyone with access to his unlocked
phone. None of this was on Aaron’s mind before CBP officers pulled him aside. But there he was, in an examination room behind closed doors, where two officers extensively interrogated him. They asked what kind of art he produces, how and where he travels for his art, and for the contact information of his art-world associates. Then the officers turned their focus to Aaron’s smartphone, an iPhone SE. The officers repeatedly “requested” that Aaron unlock his phone and submit it for a search. They told Aaron that they could seize and retain his phone for an “indeterminate” amount of time if he refused to unlock it. They also suggested CBP had downloaded the information from the phones of other travelers who had refused to unlock devices. Aaron did not consent to the search, but feeling he had no meaningful choice, he unlocked his smartphone and handed it to the officers. They took his phone behind a dividing wall and out of view for almost 10 minutes before returning it. In doing so, the CBP officers violated Aaron’s constitutional rights. Searches at the border must comport with the Fourth Amendment, and as the U.S. Supreme Court made clear in Riley
Aaron Gach
v. California, the privacy rights afforded by the Constitution absolutely extend to the information on a cell phone. Yet the government maintains that it can search travelers’ electronic devices at the border without a warrant, probable cause, or any justification at all. In Aaron’s case, CBP already had his U.S. passport and other documents proving his admissibility to the United States. Given that border agents lacked any apparent suspicion that his phone held contraband, the grounds for the search simply didn’t exist. And since Aaron’s cloud-based data wasn’t being transported across the border — but is accessible wherever there is internet access — it was well outside CBP’s authority. As a result, the suspicionless search of Aaron’s device was unjustified and unconstitutional.
Unfortunately, Aaron is hardly alone in being forced to submit to an unconstitutional device search while entering the United States. The government claims broad authority to search digital devices at the border. Recently these searches have increased at a rapid rate: The Department of Homeland Security estimates that CBP officers searched 2,700 devices in January and 2,200 in February alone, putting it on pace to easily exceed the 19,000 devices they searched in all of 2016. And CBP’s policies contain no safeguards to prevent unconstitutional searches like Aaron’s: They do not require a warrant or probable cause to search a device, and they also lack guidance to ensure that even searches are not unreasonably sweeping and broad. As a result, CBP officers can examine communications, web browsing histories, information in social media accounts, cloud-based files, and even personal health apps within the scope of CBP’s own rules. To make matters worse, CBP officers appear to have violated what policies they do have. CBP officers refused to let Aaron view their search of his phone, as continued on page 6
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Haitians & TPS/ continued from page 1
test case of whether this administration is willing to renew a temporary immigration benefit to a single nationality. Provided to nearly 50,000 Haitians in recent years, TPS allows nationals of Haiti who were already in the United States at the time of the earthquake to temporarily work in the U.S. and avoid deportation while Haiti recovers. It takes pressure off of the foreign country that would otherwise need to absorb the return of large numbers of their countrymen at a time when critical resources— such as food, housing, schooling, and jobs—are scarce. Instead, the status supports Haiti’s reconstruction through a healthy flow of remittances from those working in the United States. TPS also helps the United States; Haitian beneficiaries contribute nearly $280 million each year to the gross domestic product. TPS beneficiaries submit to rigorous background and security checks when they apply for and renew their benefits; those with serious criminal histories are denied TPS. While the January 2010 earthquake that devastated Haiti may feel like a long time ago for many Americans, its legacy on the small island nation is ever-present. The 7.0 quake killed between 200,000 and 300,000 Haitians, injuring hundreds of thousands more and displacing 1.5 million people. Tens of thousands contin-
DIASPORA CONCERNS
The January 2010 earthquake that devastated Haiti may feel like a long time ago for many Americans, its legacy on the small island-nation is ever-present. While improvements have certainly been made since the 2010 earthquake, the conditions in Haiti remain dire.
ue to remain displaced today. Recovery was greatly hampered by an unprecedented cholera epidemic that killed 8,800 Haitians and sickened three quarters of a million people as of December 2014. Additionally, Hurricane Matthew—the worst storm to hit the island in more than 50 years—compounded the existing crisis last October by destroying vast swaths of the south of Haiti, triggering a food crisis, and reigniting the spread of cholera. Based on established law dating back to the Immigration Act of 1990 (IMMACT), the Secretary of Homeland Security can designate a country for TPS if there has been an environmental disaster, an ongoing armed conflict, or other extraordinary and temporary conditions that prevent nationals of a country from being returned there safely. With each designation made for no longer than 18 months at a time, the Secretary, with consultation from the State Department, regularly reviews country conditions and decides whether to extend or terminate the designation. Extending or terminating a country’s TPS designation must not be a political act; the health and safety of a country’s
nationals hang in the balance. Even now, with all things immigration-related a hotbutton issue, there is bipartisan support for DHS to renew Haiti’s TPS designation. Florida Senators Marco Rubio and Bill Nelson, alongside House members from both parties in the Florida congressional delegation, have voiced their support for the extension. Representative Mia Love and Senators Schumer, Gillibrand, and Markey have likewise urged Homeland Security Secretary Kelly to extend TPS for Haiti. While improvements have certainly been made since the 2010 earthquake, the conditions in Haiti remain dire. As recently as December 2016, the State Department had recommended extending Haiti’s TPS designation, calling into question how more recent internal deliberations at U.S. Citizenship and Immigration Services could reach far different conclusions. But for now, tens of thousands of Haitians in the U.S., as well as the communities in Haiti that rely on their financial support, are waiting with bated breath to see what their future holds.l
Gov’t Searching Phones/ continued from page 4
agency rules require. Aaron does not know what the officers examined and whether they accessed or retained private information unrelated to their mission. Nor does he know if they kept copies of his data. (We have asked about retention in a separate request sent to the government.) Officers also provided incomplete information about the consequences of refusing to submit to a search. Aaron’s complaint is just one round in our ongoing fight to make the government recognize that the U.S. Constitution applies with full force at the border. The ACLU also submitted a Freedom of Information Act request to CBP demanding information about its compliance with a 2013 appeals court decision that imposes limits on device searches. Last month, we filed an amicus brief in federal court arguing that the government must obtain a warrant, or, at a minimum, have probable cause to conduct these searches. And we are supporting a bill by Sen. Ron Wyden (D-Ore.) that would codify these standards and impose additional safeguards on such searches. The border is not a Constitution-free zone. Customs and Border Protection must change its digital device search policies and practices to recognize this fact. If they don’t, we’ll be challenging them in court.l
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7
MONEY MATTERS
Here’s the Worst Credit Mistake You Can Make
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BY CANDACE BAHR, CEA, CDFA & GINITA WALL, CPA, CFP®
have a friend, and I’m completely jealous of him. Financially jealous, that is. You’ll probably be jealous of him too. This is a guy who made it through college and grad school without a cent of debt through a combination of scholarships, working, and some support from his parents. Now, only in his late 20s, he has a great job making close to six figures at a huge defense contractor. The only debt he has is a car payment, which he’s paying off in big chunks. Need a little schadenfreude to make yourself feel a little better? Don’t worry, I’ve got some for you. My perfect financial friend has hit a big financial wall. He can’t get a home loan. Well, to be more accurate, he can’t get a home loan for anywhere near what he wants and what he can truly afford. The reason? He made a huge credit mistake — he never actually built any credit.
No Credit Means No Loans You see, my friend has always been financially responsible to a fault. The very idea of paying interest was an insult to his very being. That is why he worked so hard during college instead of taking out student loans. It’s why he refused to
ever get a single credit card and instead relied solely on his debit card. (He should have read this article about how to never pay credit card interest again.) He got lucky when he qualified for his car loan just last year and finally submitted to the idea of paying interest, but when it came time to ask a bank for a home loan, that one single bit of credit for such a short period wasn’t enough. It didn’t matter that my friend was steadily employed, made great money, and had a good job. His lack of credit history meant that the loan he qualified for could barely
buy him a trailer. Now, my friend has to keep paying an arm and a leg to rent his one bedroom apartment while he works on building his credit history.
Don’t Be Afraid of Credit We’re all aware of how easy it is to abuse credit cards and end up in a hopeless hole of debt. However, being afraid and avoiding credit cards and credit-building loans can put you in a different kind of prison – locked out of loans right when you need them. In fact, landlords and
even employers often look at credit history when making important decisions like whether to let you rent from them or whether to hire you. Credit doesn’t have to be scary as long as you use it responsibly. For instance, if my friend had taken out a credit card when he got his first job and paid off his balance every month, he would have spent five years building up a fantastic credit history. That might have helped him lower the interest rate on his car loan and made it possible for him to qualify for a home loan that would actually let him buy a house he wanted. Heck, he could have even enjoyed lots of travel miles, free cash, or other credit card bonuses. Instead, he’ll be using his money to keep paying rent instead of building equity in his home for the foreseeable future! The best way to build a great credit history is to use credit responsibly!!!l Reprinted with permission. Candace Bahr, CEA, CDFA and Ginita Wall, CPA, CFP® are co-founders of WIFE.org, a nonprofit that aims to teach females how to take financial control of their lives after major life transitions — like divorce.
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8
AMERICAN DREAM
Laws of Succession for New York Relating to Apartments
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n general, it is possible for a person who is an occupant in an apartment leased to a family member to become a tenant (succeed) after the primary tenant leaves if the family member lived in the apartment for two years or more prior to the tenant’s departure, or since the beginning of the tenancy, or since the commencement of the relationship. If the person asserting succession rights is disabled or over 62 years of age then the period of co-occupancy is only one year. The minimum periods of occupancy are not considered interrupted by military duty, enrollment as a full time student, court-ordered relocation (not involving the lease or grounds for eviction), temporary relocation because of employment, and hospitalization or other reasonable grounds as determined by the Division of Housing and Community Renewal on application. It is also possible for a member of a "non-traditional" family to gain control of the apartment if he/she can show "emotional and financial commitment." Courts may consider the following: nlongevity of the relationship, nsharing of household expenses, nintermingling of finances such as credit cards or bank accounts, nengaging in family type activities
together, nformalizing legal obligations through such things as wills, powers of attorney, domestic partnership declarations etc., nholding themselves out as family members in public activities, nregularly performing family functions for each other.
Do I have rights to my mom's apartment when she moves? In general, if you are not disabled or over 62 years old, you would be protected by succession if you lived with your mother continuously two years before she left the apartment. If you are disabled or over 62, you would have to live with your mother for at least one year prior to her move.
If you didn't live in the apartment for two years before your mother left, you don't have the right to the apartment and the landlord need not accept you as the primary tenant. S/he could move to evict you. However, if one of your siblings was in residence, he/she might meet the succession criteria and you would be able to live there as an immediate family member. Also, if you lived in the apartment before and left only because were enrolled as a full-time student, serving in the military, or because of a temporary work assignment, or you were hospitalized, the period in which you were away might not count as an absence.
How do you actually claim succession rights? Succession rights can only be claimed when the primary tenant dies or vacates the apartment. At that time, the tenant claiming succession should send a letter by certified mail to the landlord explaining that the primary tenant has vacated the apartment and that he/she would like to sign the next renewal lease. If the primary tenant has died, the death certificate should also be included with the letter. The landlord may ask that you forward copies of documents that prove you meet the definition of family member and that the apartment has been your primary residence for more than two years. When the current lease is up for renewal that is when you would sign a new lease. If two family members would like to sign the renewal lease they can do so and both will be exempt from paying the vacancy allowance provided they meet the requirements for succession. l Source: NYC Rent Guidlelines Board. Please note that the information provided herein does not represent official policies or opinions of the City of New York or the Rent Guidelines Board, nor should this information be used to substitute for advice of legal counsel.
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FAMILY MATTERS
Take Care of Your Health During Divorce
G
oing through a divorce is stressful, and that stress can have a serious impact on your health. The greater your stress, the worse your health becomes. The worse your health becomes, the more costs you face related to your health and the lower quality of life you experience. Dealing with health issues, expensive medical costs, and a lower quality of life only increases your stress, forcing the cycle to repeat again and again. While there is probably no way to avoid massive amounts of stress during your divorce, it is important that you look after yourself throughout the process so that you can come out the other end in strong emotional and physical health.
The Burden of Divorce Even if your divorce is the right thing for you, it will most likely represent one of the most difficult and stressful events in your life. Even before the divorce, you may have spent months or years in an unhappy and painful relationship. According to the famous Holmes-Rahe Stress Inventory, divorce ranked as the #2 most stressful event in life, coming in behind only “Death of a spouse.” In fact, it ranked above going to jail, death of a close family member, and a major per-
9
into the couch with a tub of ice cream or bag of chips in your lap. Make healthy meals for yourself. The act of cooking can be incredibly empowering and relaxing.
sonal injury or illness. All of this stress has emotional and physical consequences, which can also eventually affect your bank account. According to the American Psychological Association, stress can make existing health conditions worse, lead to destructive behavior, like overeating, gambling, or drug usage, and can make you “feel fatigued, unable to concentrate or irritable for no good reason.” Stress can also affect your finances. If you suffer a stress-related health issue, like anxiety, depression, a heart attack, or an ulcer, you could face expensive medical bills and recurring medicine costs. Being distracted or irritable at work could mean you get skipped over for a promotion, or even demoted or fired!
Take Care of Yourself During a Divorce It is critical that you take care of yourself during and after your divorce. Don’t let the stress eat you alive. Instead, make an effort to engage in positive activities even if it’s the last thing that you feel like doing. Just the effort of giving yourself love can help you step out of the negative loop of destructive divorce thoughts. Here are a few ways to care for yourself during and after your divorce: nReach Out to Family Members and Friends for Support Surround yourself with positive people who love you.
nEat Well Don’t give into the temptation to melt
nExercise Find a class or sport that you enjoy or have always wanted to try and sign up. Exercise releases lots of “happy” hormones in the brain to help elevate your spirits.
nPamper Yourself Even if money is tight, consider buying a massage or body treatment for yourself once in a while. Treating yourself is empowering and will help you recognize that you are worth caring for. It also just feels so good!
nGet Help If stress, anxiety, or depression are interfering with your ability to live a normal life, it may be time to seek the help of a mental health professional or to speak with your doctor. There is no shame in getting help so that you can live a happier and healthier life!l Source: WIFE.org. Reprinted with permission.
Family Law Practice Summarized
NEW YORK IS NOW A NO-FAULT DIVORCE STATE
nDIVORCE nSEPARATION nSUPPORT nCUSTODY The lawyer you hire, does make a difference!
uContested &
Uncontested Divorces
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Has your spouse disappeared? We can find your spouse!
Matrimonial Investigations
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10
IMMIGRATION
Undocumented Immigrants Without Criminal Records Are Being Targeted
T
BY JOSHUA BREISBLATT
he Department of Homeland Security (DHS) Secretary Kelly recently stated that DHS is not targeting undocumented immigrants simply for being undocumented. Kelly asserted that the department is focusing on people that are undocumented “plus,” categorizing this as an immigrant that has another factor—such as criminal activity—that makes them a priority beyond their undocumented presence in the country. But despite these claims, new data and a string of high profile cases show the opposite is occurring. In multiple public appearances this week, Kelly said that Immigration and Customs Enforcement (ICE) is targeting undocumented immigrants who are “criminals” with “multiple convictions.” He suggested that members of Congress who criticize DHS and how they conduct immigration enforcement, should “shut up” or “change the laws.” The reality, however, is much different. Despite Kelly’s rhetoric, the administration has complicated immigration enforcement by making virtually all of the undocumented population a priority. They are ignoring priorities that were put
into place by the Obama administration as a way to manage limited law enforcement resources and prioritize those who pose a threat to public safety and national security. The priorities recognized that there is a finite budget available for immigration enforcement. The approach now being pursued by the Trump administration casts a wider net and is already resulting in an aggressive and unforgiving style to immigration enforcement. As noted in the Washington Post during the first few weeks of the Trump admin-
istration, “Arrests of immigrants with no criminal records more than doubled to 5,441, the clearest sign yet that President Trump has ditched his predecessor’s protective stance toward most of the 11 million undocumented immigrants in the United States.” Even worse, ICE removed Maribel Trujillo-Diaz, a mother of four U.S. citizen children with no criminal record who came to the United States 15 years ago. She was removed despite pleas from religious leaders in her Ohio community.
DHS also deported Juan Manuel Montes, a DREAMer with Deferred Action for Childhood Arrivals, an initiative which grants young immigrants a temporary reprieve from deportation, as well as work authorization. While not all details are clear yet, Manuel’s deportation would appear to contradict previous statements by Kelly, who said, “The DACA status is a commitment, not only by the government towards the DACA person, or the so-called Dreamer, but by that person to obey the law…I don’t care what you read, or what people say, we have not, in my time picked up someone who was covered by DACA. We have not done that.” Over Kelly’s first few months with the department, he has shown far greater deference to rank and file immigration enforcement agents and officers, largely giving them free reign and backing them up at every turn. However, everyone needs guidance to do their jobs, especially when their jobs have life and death implications for others. These nonexistent priorities are only making DHS’s job more difficult and leading to more families torn apart and people living in fear.l
WE HELP IMMIGRANTS!
lGET THE FACTS
lBE SMART
lMAKE THE RIGHT DECISION
lBEWARE OF IMMIGRATION FRAUD
uHealth Care (RN/OT/PT/TSHH/SLP’S & IT Cases) uExtension of Status & Visa Renewals uWork Authorization uH-IB Professional Workers uF-1 Student Visas uJ-1 Exchange Visitor Trainees uO-1 Extraordinary Ability uR-1 Religious Workers uU.S. Citizenship uFamily-based Petitions & Fiancée Visas uGreen Cards/Labor Certification (RIR) uImmigration Visa Petitions:Employment Based uTemporary Work Visas uU.S. Citizenship & Derivative Petitions uLabor Certifications uU Visa - Crime Victims uApplication for Asylum uPetitions for Writ of Habeas Corpus uAppeals to the Board of Immigration Appeal uLawsuits involving Eligibility & Processing for Citizenship uDACA, DAPA & Provisional Waivers uDeportation Defense, 601 Waivers, etc.
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CALL 718-834-0190 26 Court Street, Suite 701 Brooklyn, NY 11242
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Visit our website at: www.311immigration.com
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Includes the G28 which shows you have attorney
representation
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12
EQUITY SMART
Call in the Pros: 4 Ways How Using a Professional Will Save You Money have a business relationship with many lenders, they will be able to get you a better rate. While you can approach lenders on your own, there's a good chance you won't get as competitive a rate.
I
t may seem better to go it alone when it comes to acquiring a mortgage, but there are many benefits associated with using a mortgage professional that can make finding your dream home a lot easier. If you're currently getting prepared to hit the market and are weighing your options, here are some reasons how a professional who knows the neighborhood will save you money.
Strong Market Knowledge Many homebuyers can take a look at the MLS listings to find the price of properties selling in the area, but a mortgage
professional will know the market without having to look at a book. This means that if you have an ideal house in mind, they'll be able to determine the right offer for the home you're interested in so you don't end up spending time on research and paying more than you should.
Access to Lenders It may seem like you can get in touch with any lender and they'll be happy to provide you with a great deal, but because a mortgage professional will
Time Is Money You may have set aside the time to invest into your home search, but trying to find the right home at the right price can end up taking a lot of time. You'll also need to know the ins and outs of the procedures when it comes to making an offer and closing the deal. The benefit of a mortgage professional is that they'll already have experience at their disposal and will be able to do the legwork for you. Closing Time It's great to find the house of your dreams on your own, but a mortgage professional will be well versed in closing the deal. Instead of having to go back and forth on
any home inspection issues or final offers, they'll be able to advise you so that you can get the home you want at the price you're looking for. While many people want to go it alone on the real estate market, using a mortgage professional can save you both time and money in finding the right place. If you're preparing to buy a home, you may want to contact one of our mortgage professionals for more information. Call us at Equity Smart Realty, Inc at 1-888-6706791. l
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Next Track begins Saturday, July 8 @10am
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14
Undocumented Immigrants/continued from
TRUMP ADMINISTRATION
page 1
branch beyond sweeping anti-immigrant pressures. However, terms like “criminal aliens” and “illegal immigrants” gloss over the various immigration statuses and histories of millions of individuals. We’d like to offer a more nuanced description of the individuals who may be targeted by President Trump’s immigration enforcement plans. Our discussion is informed by our research. Since 2014, we have followed the lives of some 50 Southern California immigrants, many of whom either lack or never had legal status in the United States. Each of these individuals has a different story of how and when they came to the United States. Some are related to U.S. citizens and some are not. They have had unique experiences studying, working and living in this country. And now, these differences could play a major role in how individual immigrants are impacted by the new administration’s enforcement of immigration laws.
Immigrants with criminal convictions Administrations prioritize the removal of some immigrants over others because immigration enforcement resources are limited. Since the mid-1990s, previous administrations have focused on remov-
ing immigrants with criminal convictions, regardless of whether they have legal residency. Trump’s order prioritizes anyone who has been charged with a crime, whether or not convicted. This includes anyone who has committed “acts that constitute a chargeable criminal offense,” whether or not the person has been convicted, charged or even arrested. It also suggests that the Administration intends to rely much more heavily on state and local law enforcement for making such enforcement determinations. Trump has pledged that his administration will rapidly deport 2 to 3 million “criminal aliens.” His website cites a 2013 Center for Immigration Studies report for this figure. Immigration scholars have suggested the actual number is
IN TROUBLE WITH THE LAW?
significantly lower. For example, in 2015, the nonpartisan Migration Policy Institute reported there are 820,000 unauthorized immigrants with criminal convictions in the U.S. Many were charged with misdemeanors or unlawful entry. This is unsurprising. Research from criminologists shows that immigration actually lowers the rates of violent crimes. Trump, however, has signaled that the category of “criminal aliens” may be much broader than individuals convicted of serious crimes. It may include individuals arrested, but not convicted, or individuals with unsubstantiated gang affiliations. But even this incredibly broad definition of criminal aliens does not cover all immigrants. There are three other broad groups of individuals who generally fall outside of this priority deportation category.
Immigrants who arrived as children About 750,000 young people qualified for the 2012 Deferred Action for Childhood Arrivals (DACA) program, which grants two years of permission to work and protection from deportation to certain undocumented immigrants who came to the U.S. as children. In order to qualify for DACA, the children must have arrived in the United States before June 15, 2007, completed high school or its equivalent and have a criminal record that is clear of anything more than minor misdemeanors. Most individuals who received or were
eligible for DACA will not likely be among those prioritized for enforcement. Trump pledged to rescind DACA immediately. But, after being elected, he expressed sympathy for these young people and suggested he might be willing to find a solution to their problems. If DACA were rescinded, those young people, who are culturally Americans, would face numerous challenges, including unemployment, the inability to go to college and the risk of deportation. To alleviate these burdens, senators Dick Durban and Lindsey Graham introduced the BRIDGE Act in December 2016. This legislation would provide DACA recipients and similarly situated young people with “provisional protected presence” — temporary permission to remain in the country but no path to citizenship. In the current highly polarized political context, it’s unclear if the bill will have majority support in the House, and President Trump has made no promise to sign it. Immigrant parents of Americans Another 4 million immigrants would potentially have qualified for the Deferred Action for Parents of Americans (DAPA) program, or an expansion of DACA known as DACA+. President Obama announced these programs in 2014. DACA+ broadened the DACA Program to allow more young people to qualify. DAPA would have enabled undocument-
continued on page 15
Are you under investigation or accused of a felony or misdemeanor?
Get legal advice from the law firm you can trust: Figeroux & Associates. We handle:
nDUI (Driving Under the Influence) nRestaurant Order Violations nPossession of Drugs (with or without Intent to Distribute) nCrimes with Impact for Deportation with Non-Citizens nFraud nCrimes of Economics
PUT YOUR FUTURE IN OUR HANDS. WE CAN HELP. CALL NOW. 718-834-0190. Remember: The lawyer you hire, does make a difference!
GREEN CARD SLAVERY? Don’t put up with ABUSE anymore! We can get a Green Card for you and your children PLUS a divorce. Call 718-222-3155 now for a FREE consultation!
ENOUGH IS ENOUGH!
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NEWS 15#
TRUMP ADMINISTRATION
Undocumented Immigrants/continued from
page 14
ed parents of U.S. citizens or lawful permanent resident children to qualify for permission to work and a temporary protection from deportation with two conditions: They had to be in the country continuously since Jan. 1, 2010, and not be convicted of any disqualifying crimes. But, due to a lawsuit, the programs were never implemented. Trump promised to immediately rescind DAPA and DACA+, and he may do so before their legality is resolved in court. With the possible exception of those who have committed minor misdemeanors, individuals who would have been covered by these programs likely will remain a low enforcement priority. Some undocumented parents of U.S. citizens might qualify for residency through their children. However, they will still face steep barriers to legalization. For example, wait times for these family visas stretch for years. Even when visas become available, those who have spent more than one year in the country without lawful status face a 10-year bar on being able to enter the country legally. Many cannot afford legal counsel to assist in this process. And some of these individuals may have missed prior immigration court hearings and been ordered deported without being present. Workers and recent arrivals A third group consists of several million
adults who are not parents of U.S. citizens or permanent residents, do not have criminal records and are currently working in the country. These individuals are unlikely to be a named priority for deportation. But if the new administration engages in an enforcement strategy of high-profile workplace raids, as were common under President George W. Bush, these individuals could still be vulnerable. Even if they are not apprehended and deported, it seems unlikely that they will receive authorization to work in the United States or legal protection from deportation. Immigrants who have recently entered the U.S., such as unaccompanied minors fleeing violence in Central America, had already been prioritized for removal by the Obama administration. Trump’s promises to stiffen border enforcement will likely ensure their continued prioritization for deportation. Other factors The groups identified above are further
affected by legal histories that can create opportunities or barriers. For example, close relatives of U.S. citizens, certain crime victims and those with a well-founded fear of persecution in their country of origin may be able to qualify for visas or asylum. On the other hand, those who failed to attend an immigration court hearing, left and reentered the country without authorization or previously claimed to be U.S. citizens may be at heightened risk of deportation. Trump’s rhetoric about building a wall with Mexico also suggests that immigrants from Mexico are perceived to be a problem, even though Mexicans constitute a declining share of the unauthorized population. Individuals perceived to be Mexican nationals therefore may be particularly at risk for enforcement efforts, including those that target individuals based on their racial or ethnic appearance. It is still unclear how priorities set by Trump will trickle down to the officers who are actually carrying out enforcement practices. Immigration and
Customs Enforcement agents and Customs and Border Protection agents who felt constrained by Obama’s policies and programs may feel more empowered to engage in aggressive and racially targeted enforcement efforts. The new Department of Homeland Security secretary, retired General John Kelly, has no legal training. He could either serve as a check on overly zealous enforcement efforts or devise policies that facilitate them. Trump’s focus on deporting “criminal aliens” and his suggestion that he might offer reprieve to certain immigrant youth suggest there could be some continuity between his enforcement priorities and those of Obama. But the new president’s emphasis on mass deportation promotes fear. This, in turn, may make noncitizens less likely to apply for naturalization, attend school, seek medical care or challenge violations of labor laws. Despite fear, however, some immigrants have expressed renewed commitment to activism. As one interviewee told us, “The struggle continues.”l
Susan Bibler Coutin is a professor of criminology, law and society and anthropology; Jennifer Chacón is a professor of law; Sameer Ashar is a clinical professor of law; and Stephen Lee is a professor of law at the University of California, Irvine. Reprinted with permission. This article was originally published on www.theconversation.com.
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SMALL BUSINESS MATTERS
16
Startup Business Ideas: 4 Steps to Identify the Right One
H
of research to validate whether there actually is a market for your idea. First, create a list of all the people and situations that might benefit from your idea. Next, use Google search, EBay, Amazon & Clickbank to search for products or terms used to describe your idea. Look for ads, products, top sellers and affiliate programs surrounding your idea and look for what’s missing that you can add that will add value to a marketplace that’s already buying. You’ll come up with several more product ideas and possible niche markets after doing this research. Although this step will get your wheels turning, keep going and research some more.
BY MARCO CARBAJO, SBA.GOV
ave you always wanted to start your own business? Do you have a lot of business ideas but don’t know which one to pursue? Don’t worry because you’re not alone. According to Gallup, Inc, 25% of American adults have dreamed of starting their own business but have not yet taken the plunge. In this article, you’re going to learn how to identify the right startup business idea in four steps so you can act on it and launch your business.
Step 1: Make a list of what you’re passionate and committed to This step is all about identifying how you can combine something you’re passionate about and turn it into a successful business. It’s important not to list general one word answers in this step. Instead write out each one in a full sentence by writing what you’re committed to doing with that passion. For example, if you’re passionate about fitness then you may write down something such as “I am committed to helping people reach their fitness goals.” Don’t take this step lightly, come up with at least ten areas that you’re truly passionate about. Now your passion may be something that solves a problem or stems
from a challenge you’ve overcome or a complaint that you have. The whole purpose of this step is to get you brainstorming about what you love to do and then in the next step determining if there is a profitable need in the marketplace for it. Step 2: Determine if there is a profitable need for your idea In this step, you’re going to conduct lots
GET MONEY FOR YOUR BUSINESS!
Step 3: Define your value proposition and target market Once you identify which idea has the greatest profitable need the next step is deciding what problem you want to solve for your market and who your target market will be. It’s extremely important to be clear on finding a solution that your customers are willing to pay for. Your value proposition is essential if you want to take your idea and turn it into a profitable business. The benefits you provide, how you do it differently and better than others, are what will make you the best option for your target customers.
Step 4: Validate your business idea Before you go all in on your idea it’s best to test it with actual customers. The fact is, nothing beats an actual customer using your product or service. Why not build a prototype that solves the core problem for your customers? The whole idea for this step is to put out a smaller version of your idea so you can see how your customers respond. Are they excited about it? Is it solving their problem? Let your customer decide whether your idea is valuable or not. If you are getting positive feedback and reviews from your test customers then you know you got the right idea for a business. Deciding which idea you want to pursue to launch your business is only the first step. There is still much more preparation you will need to do. Creating a business plan is one of the most important steps you will take because the plan serves as your road map for the early years of your business. Check out the Small Business Boot Camp with the Small Business Administration and the New American Chamber of Commerce (NACC) which helps you get started. Visit www.chambercoalition.org for details and registration. l
Why Join Our Chamber?
Because membership in the local chamber offers numerous benefits and keeps business owners on top of important, ever-changing issues and trends within their community and local marketplace.
reasons to join: lBrings credibility to your business lIncreases your visibility in the community lCreates networking opportunities lGain a voice in government lMake business contacts lReceive Chamber newsletters lAcquire customer referrals lAttend Chamber events and programs lBenefit from promotion and publicity lFree small business consultations
Become a Chamber member today. Call 718-722-9217 or visit www.chambercoalition.org
Time to take your business to the next level!
Victoria Falk CEO, Passionate Travel VP, AAICC
Ready to join our Chamber? Keep in mind, however, that you can’t just be a member of the Chamber to reap the benefits of chamber membership. Paying your annual dues just isn’t enough. You must also make an investment of time and effort in Chamber activities and become involved. Simply put, what you get out of Chamber membership is directly relative to what you put in.
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NEWS 17
NEWS
nHEALTH
nENTERTAINMENT
nRELATIONSHIPS
nRECIPES
nSPORTS
nHOROSCOPE
Nicki: Breaking Records & Helping Fans
T
rinidadian-born rapper Nicki Minaj has surpassed Aretha Franklin on the Billboard Charts to become the woman with the most Hot 100 Hits in any genre. Aretha Franklin held onto that record for the last 40 years, until earlier this month when Minaj tied with her at 73 hits with her feature on Gucci Mane’s “Make Loveâ€? single. She dropped three new singles — “No Frauds,â€? “Regret in Your Tearsâ€? and “Changed Itâ€? with her label mates Lil Wayne and Drake, which charted at No. 14, 61 and 71 respectively, pushing her to 76 hits. Minaj took to Instagram to show her gratitude and thank her fans: Man, I tell ya... God said he ain't done showing off yet. Lol. Walked off stage to find out history was made yet again today. #NoFrauds#RegretInYourTears + #ChangedItcharted this week on Billboard & I now hold the title of most Hot 100 entries in the HISTORY of BILLBOARD among women of EVERY genre. To my fans: I fkn love u guys more than I'll ever be able to put in words. Thank u so much for your unwavering love & support. God bless each & every one of you. To God be the glory. #YoungMoney#NickiInLONDON Island girl from South Side Jamaica, QUEENS!!!! NEW YORK CITY!!!!! đ&#x;‘…Rrraaaahhhhhhhh!!!!!!! Minaj has 13 top 10s under her belt, with her song “Anacondaâ€? peeking at No. 2. However, she has never achieved the number 1 spot on the Billboard chart. Her first entry on the top 100 was as a feature on Lil Wayne’s “Knockoutâ€? and her first leading hit was “Your Loveâ€? which peaked at No. 14. Minaj has hinted at dropping her fourth studio album when she was featured on Major Lazer’s track “Run Upâ€?. In it, Minaj raps, “‘Bout to drop an album, this is my fourth.â€? She also hinted in a now deleted tweet the initials of the album “MYOBâ€? that is was coming soon. Meanhwile, Minaj was handing out money on Twitter, specifically for college tuition, student loans, books and other supplies. The singer was tweeting about a contest related to the Billboard Music Awards
Kitchen Corner
Creamy Strawberry Crepes "This recipe has been a family favorite for over 30 years! These crepes are delicious and very rich! Be sure you have at least 1 hour to prepare, they are worth every minute!" -Meliss, AllRecipes.com
Ingredients 3 eggs 1/2 cup milk 1/2 cup water 3 tablespoons butter, melted 3/4 cup all-purpose flour 1/2 teaspoon salt 1 (8 ounce) package cream cheese, softened 1 1/4 cups sifted confectioners' sugar 1 tablespoon lemon juice 1 teaspoon lemon zest 1/2 teaspoon vanilla extract 1 cup heavy cream, whipped • Prep: 30 minutes 4 cups sliced strawberries • Cook: 30 minutes Add all ingredients to list
when she came across a tweet from someone asking her to pay their tuition. "Show me straight A's that I can verify w/ur school and I'll pay it. Who wants to join THAT contest?!?!" she wrote Saturday night. "Dead serious. Shld I set it up?" She took requests for about 45 minutes, bantering back and forth with people about specifics and working out details to get the money deposited. To one fan who asked for a grand, she replied, "That's it? I'll send it tmrw. dm me ur bank info babe. Next!" Students started seeing the cash in their bank accounts on Sunday, according to TMZ.l
Directions: Place the eggs, milk, water, melted butter, flour, and salt in the pitcher of a blender; blend until smooth. Blend the cream cheese, confectioners' sugar, lemon juice, lemon zest, and vanilla with an electric mixer until smooth. Gently fold in the whipped cream. Heat a lightly oiled griddle or non-stick skillet over medium heat. Pour or scoop the batter onto the griddle, using approximately 2 tablespoons for each crepe. Tip and rotate pan to spread batter as thinly as possible. Flip over when the batter is set and the edges are beginning to brown. Cook until the other side begins to brown. Stack finished crepes on a plate, cover with a damp towel and set aside. To serve, fill each crepe with 1/4 cup sliced strawberries and 1/3 cup of the cream cheese filling, roll up and top with a small dollop of the cream cheese filling and more sliced strawberries.l
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18
SOCIAL CONCERNS
Social Security Disability Benefits
T
he Social Security and Supplemental Security Income disability programs are the largest of several federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program. We at Figeroux & Associates understand what is involved in the process of trying to get approved for disability benefits. We are dedicated to increasing public awareness of disability issues, educating applicants on the approval process and giving free consultations on social security and disability law. Since we know that most people are denied benefits due to mistakes made on applications, misunderstanding the process, missing deadlines, not presenting proper documentation and lack of overall help and understanding, we have developed a strategy through our NO COST social security disability evaluation and consultation. Since the waiting period for appeals with the Administrative Law Judge is almost a year and a half if you're initially denied, it is more important than ever
to get it right the first time! Whether you are filing a first time application, or appealing a denial, we want to help you to get you the cash benefits you need. If you need help getting approved for benefits, call 718222-3155.
Am I Eligible For Social Security Disability Benefits? If you have a mental or physical condition that keeps you from working, you could qualify for Social Security Disability (also called SSI or SSDI). The Social Security Administration refers to work as "substantial gainful activity." This is just another way of saying any type of work or hobby that earns you money. An experienced social security advocate or attorney can help you determine the programs for which you are qualified. To receive Social Security Disability there are five typical questions that attorneys, advocates and the SSA may ask to start to determine your eligibility:
1. Have you worked for five of the last ten years? All applicants between the ages of 31 and 64 must meet this requirement. You need not have worked 5 consecutive
years, but you must have worked for more than five total years in the past ten years. If you have been disabled BEFORE the age of 24, the law requires that you have worked 1.5 years of the three years. For those disabled between the ages of 24 and 30 the law requires that you have worked at least half of the time from your 21st birthday to the date of your disability.
2. Has your disability lasted or is it expected to last longer than 12 months? The SSA refers to this as the "durational requirement." It means that you have been or expect to be disabled for at least 12 months or may result in death.
3. Are you under the age of 65?
4. Are you unable to perform "substantial gainful activity"? Performing any type of activity that earns you money or increases your potential to make money may disqualify you from receiving benefits. These activities include hobbies, school attendance, and volunteer work.
5. Can you provide a doctor's diagnosis and medical evidence that supports your disability claim? Medical evidence of your disability must demonstrate that you are suffering an anatomical, physiological or psychological condition that prevents you from performing ANY type of work. If your condition is on the SSA's list of impairments that qualify for disability benefits, and your medical evidence clearly shows that you meet the criteria for that impairment, your application has a strong chance of being approved. The law is extensive, and if you do not meet some of these requirements you may still qualify or you may qualify for Supplemental Security Income (also called SSI). Some physical and mental conditions that keep you from working are difficult to diagnose with objective testing, so an advocate or attorney can help you present your doctor's reports properly. Their help can assist you in demonstrating to the government that you deserve benefits. If you are unsure if you qualify, don't jeopardize your disability claim! Have your case reviewed for FREE by Figeroux & Associates. Call us at 718222-3155 and schedule an appointment. It’s at NO COST TO YOU! l
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20
New Film to Explore Black Love, Dating and HIV
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BY TATYANA BELLAMY-WALKER
t 14, Kimberly Canady confessed to her teenaged boyfriend that she was HIV positive. He ran away from her. This reaction wasn’t unusual for the adolescent. Canady learned at an early age that it’s not easy to navigate love and HIV. Revealing her positive HIV status to her now ex-boyfriend quickly crushed the “14-year-old love” that grew over the couple’s two-year relationship. In the early 1990s, there was little research on HIV and doctors told Canady’s grandmother she wouldn’t live to be 5 years old. But Canady (successfully) survived each age milestone. Similar to adults living with HIV, children aren’t exempt from the long-time stigmas. Canady lost her parents to HIV in the 1990s—each three months apart. By the age of 10, Canady discovered that she was living with the disease as well. “I’ve had to mentally prepare for this my whole life,” said Canady, an HIV activist, at the National Action Network’s (NAN) HIV discussion panel. “People were telling me that [I am] not going to find love…seeing what HIV did [to my parents] only solidified what peo-
ple were saying to me.” Canady conquered the real-life woes of dating with HIV. Now 30, she is married and has one child. The antiviral drug PREP, which kept Canady’s husband of 14 years HIV negative is mentioned in the NAN’s screening of the award-winning film, “90 Days,” a story about falling in love in a mixed-status relationship. After three months of dating, Jessica (Teyonah Parris) and Taylor (Nic Few) are faced with realities of dating and living with HIV when one partner reveals they are positive. Taylor and Jessica’s budding romance in “90 Days” starts as a light-hearted love story — it even has some comedic relief. The couple goes on picnics in the park, meets each other’s families and Taylor professes his love of Jessica to his friend Qwynn (Emmett Short). Qwynn replies that there is “no right girl.” That night, Taylor hoped to propose to Jessica over dinner, but it didn't work out as planned. Jessica, reveals that she is HIV-positive. “There is something I need to tell you,” declared Jessica. “That you can’t cook?” said Taylor jokingly. “I am HIV-positive,” Jessica said, taking a sip of wine. If Taylor wants to con-
tinue the relationship, Jessica mentions that PREP, an anti-HIV pill is an option he can use to remain HIV-negative. “You choose to lie. That’s not fair,” Taylor said angrily. “You won’t make me feel ashamed," Jessica urges. "Taylor, it’s still me. It’s still me.” Directors and producers of the film, Nathan Hale Williams, and Jennia Fredrique, said the film raises awareness about relationship struggles of mixedstatus couples. “We are still being infected in disproportionate numbers,” Williams said. “I had a good friend who is HIV-positive and we talked about his despair about not being able to find someone to love. I think that unfortunately led to him committing suicide.” To prepare for the role, Parris said she spoke to women who have disclosed their positive HIV status to their partners. “I feel that it’s a story that needs to be told, you never seen this side of it. This was a natural partnership and project for me,” said “90 Days” co-star, Teyonah Parris. “I had to imagine what it would be like for me. And for this woman, Jessica to put myself in her shoes…she had to tell the person she loves that there is this whole stigma attached to her and
LIFESTYLE
Leading “90 days” actress, Teyonah Parris and HIV activist/spokeswoman Kimberly Canady at the NAN Convention via @90daysthefilm Instagram. that they may not love [her anymore] because of that. She didn’t plan for that to happen.” The Aids Foundation sponsored the “90 Days” film. “90 Days: It’s Time we Stop Keeping Secrets” was part of a fourday-long NAN Conference, an annual convention led by civil rights leader, Al Sharpton. This year, they honored civil rights activist, Henry Belafonte.l
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21
LOVE & RELATIONSHIPS
5 Stages of a Breakup
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BY JENNINE ESTES, MFT
reakups are painful and the end of a relationship is like a death. Major life shifts often leave us feeling out of control and grappling with ways to feel powerful as we redefine our lives. While a relationship may conclude on good or bad terms, every individual will reach closure in their own way. The 5 Stages of Grief, by Elizabeth Kübler-Ross, provide a framework that can help you through the process.
Denial: When faced with a crushing emotional blow, it is common to emotionally distance from a situation. This may look like keeping busy or simply avoiding sensitive discussions preceding your break-up. To many, this seems unhealthy from the outside and it could be if it is established as a pattern. But it is okay to acknowledge your need to take an emotional rest from a rough situation so that you can come back to it with a little more energy and perspective.
Anger: Loss is a layered experience and when we uncover sadness, we may find feelings of guilt or shame there, too. Anger is a way of expressing a sense of violation. In a powerless situation, anger can make us feel powerful. These feelings, too, are valid and have their space.
Let yourself get upset! Some productive ways of expressing anger are to use a punching bag, write out your feelings, or discuss them with a close friend who clearly understands that the conversation is simply a space for expressing where you are at in the moment.
Bargaining: “What-ifs” are the building blocks of the bargaining phase. Often you will find yourself making deals with yourself to “always” or “never” do something in future relationships — maybe you tell yourself you are done with them altogether. Negotiating a new normal is important when you go through a loss. While it is, again, a normal piece of the break-up puzzle, keep in mind that you are grieving. Extreme decisions, especially with long-term consequences are not ideal when you are feeling unstable. However, don’t write them off! This may become a creative space for you to realize new areas to grow and expand. Log those little promises away for reassessment later.
Depression: And now we’ve reached sadness. This is the place that the previous stages often work so hard to avoid because it is so very painful. At this point, you may experience a lack of concentration, motivation, sleep, and appetite. Your body physically manifests
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your emotional experience. Pain is an inevitable component of loss. You don’t have to purchase property and put down roots in pain, but being present and validating your experience will help you own the closure to your relationship.
Acceptance: This is the calm after the storm. While you are probably not yet returning to a sense of thriving, acceptance means you are making peace with your circumstance and can breathe into the fact that your pain did not break you. You may find this to be another stage of withdrawal but it is different than denial. The key to acceptance is staying present in the moment and cued up for growth.
These stages of a breakup may occur in various orders and some phases may be easier to move through than others.
Grieving stages can even happen in anticipation of the break-up as well. You may undergo one or more phases more than once — even years later if you find a piece of your experience needs to be re-visited. Awareness and compassion are key to engaging in and processing each phase for what you need. Some break-ups are more challenging to process than others. The conclusion in a relationship can also provide momentum to expand other areas of your life.l
Jennine Estes, MFT, is a Marriage and Family Therapist in San Diego, CA., certified in Emotionally Focused Therapy for Couples. She write relationship and self-growth advice for her column, Relationships in the Raw. She is also the creator of #BeingLOVEDIs campaign. MFC#47653
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22
KNOW YOUR RIGHTS
AILA Attorney Hosts Series of Immigration Training Seminars to Combat Deportation of Immigrants
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BY TATYANA BELLAMY-WALKER
ew York’s top immigration attorney, and American Immigation Lawyers Association (AILA) member, Brian Figeroux, launched a series of immigration forums in April to defend at least 2.2 million immigrants against deportation. In February, Immigration and Customs Enforcement agents raided parts of Brooklyn, Manhattan, Queens and Staten Island to detain and arrest more than a dozen undocumented residents in their homes and workplaces. According to the Pew Research Center’s five facts on illegal immigration, there were 11.1 million unauthorized immigrants in the U.S in 2014, accounting for at least 5 percent of the U.S. labor force. Some undocumented immigrants hope to receive permanent residency through a green card, a permit that allows a national to work and live in the U.S, the naturalization test, obtaining citizenship after an application and exam, enrolling in the U.S. military member or being a dependent of an armed forced member. There are no shortcuts to U.S. citizen-
ship. Some foreign-born residents, however, are lured to the U.S. by a company’s promise of jobs and economic opportunity. According to the Urban Labor Institute, employment-based green cards are sometimes used as a tool in labor trafficking, forcing undocumented people to work less than the minimum wage.” “Women and men subject themselves to green card slavery,” said Figeroux, who finds that immigrants only do jobs that Americans don’t want. “Go by HomeDepot, pick up workers for a day. If you need a nanny you’re not getting a U.S citizen or green card holder – you are hiring an undocumented person.”
For years, the U.S. had a bittersweet relationship with the nation’s rising immigrant population. In the early 1930s, the Mexican Repatriation movement sent more than a million Latinos to the U.S. to work during a labor shortage after the Great Depression. Despite a history of using immigrants to work in the U.S. the anti-immigrant sentiment is growing in the country. “The atmosphere for immigrants changes from one decade to another,” Figeroux said. “Sometimes they like us. Sometimes they don’t. We want to look at immigration from a civil rights perspective.” If an undocumented person is served
with a Notice to Appear (NTA), it means that they must appear in Immigration Court on the date specified or at a scheduled date in the future, according to Figeroux. The NTA will list the reasons for an alleged removal including if a person is not a U.S. citizen, citizen of a home country or if they entered the country through a different city and whether the entry was authorized. Figeroux advises clients to access the information or documents that U.S immigration officers have collected on them through a FOIA request (Freedom of Information Act), where they can request a copy of their immigration file. According to the U.S. Citizenship and Immigration Services (USCIS), the FOIA requests can take up 35 days to process for individuals who are scheduled for a hearing before an immigration judge. For more information or immigration advice contact the Law Offices of Brian Figeroux and Associates at (718) 8340916. Also, new immigration training ssessions begin on Saturday, July 5, 2017 at 1pm. For more information, visit www.freeparalegal.org or call 718-7229217. l
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