The Immigrant’s Journal
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Protecting God’s Children From Distant Lands
Vol.82
26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com
Dreams Come True: Processing for Deferred Action Is On
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rom August 15th, 2012, USCIS started accepting deferred action application from applicants. The application for deferred action can be concurrently filed with an application for work authorization document. The Immigration application fee is $465.00.
USCIS Background Check for Deferred Action Application Applicants will be required to undergo biographic and biometric background checks. Applicants convicted of any felony, a significant misdemeanor offense, three or more misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or otherwise pose a threat to national security or public safety, will not be considered for deferred action status except where Department of Homeland Security deter-
mines there are exceptional circumstances. Fee Waiver & Fee Exemption for Deferred Action Application There will be no fee waivers available for work authorization applications
For Immigration News & Updates
related to the deferred action process. There will be limited fee exemptions available. Requests for fee exemptions must be filed and approved before an applicant files his/her application for deferred action status without a fee. In order to be considered for fee exemption, applicants must meet one of the following conditions: n Applicant is less than 18 years of age, homeless, in foster care or otherwise lacking any parental or other family support and his or her income is less than 150% of the U.S. poverty level. n Applicant cannot care for him or herself due to a serious, chronic disability continued on page 2
FREE Consultations for DREAMers: call 718-243-9431
Falling In Love: Tips For Autumn Wedding Bliss ...see page 7 Ten Ways Immigrants Help Build and Strengthen Our Economy
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BY JASON FURMAN & DANIELLE GRAY
merica is a nation of immigrants. Our American journey and our success would simply not be possible without the generations of immigrants who have come to our shores from every corner of the globe. It is helpful to take a moment to reflect on the important contributions made by the generations of immigrants who have helped us build our GET MONEY FOR YOUR INJURIES
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We Are a Nation of Immigrants
resident Obama is calling for a national conversation on immigration reform that builds a bipartisan consensus to fix our broken immigration system so it works for America’s 21stcentury economy, but he can’t do it alone. In a recent release, President Obama said: “We are the first nation to be founded for the sake of an idea — the idea that each continued on page 8
Arrested by ICE? ... see
page 4
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IMMIGRATION NEWS
Diversity Visa Program: DV-2014 Entry Instructions
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he Diversity Immigrant Visa program is a United States congressionally mandated lottery program for receiving a United States Permanent Resident Card. It is also known as the Green Card Lottery. The lottery is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 to provide for a new class of immigrants known as "diversity immigrants" (DV immigrants). The Act makes available 55,000,permanent resident visas annually to natives of countries deemed to have low rates of immigration to the United States. The Immigration Act of 1990 established the Diversity Visa (DV) program, where 55,000 immigrant visas would be available in an annual lottery, starting in fiscal year1995. The lottery aims to diversify the immigrant population in the United States, by selecting applicants mostly from countries with low rates of immigration to the United States in the previous five years. Starting in fiscal year 1999, 5,000 of the visas from the DV program are reserved for use by the NACARA program, so the number of immigrant visas available in the lottery is reduced to 50,000. Online registration for the DV-2014 Program will begin on Tuesday, October 2, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and conclude on Saturday, November 3, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4). After the entry period opens October 2, we recommend early entry, and we strongly encourage applicants not to wait until the last week of the registration period to enter DV-2014.
Program Instructions The English version of the DV-2014 Program Instructions is available in PDF format for your convenience and required use. The English language version of the DV-2014 Program Instructions is the only official version. Unofficial translations in additional languages will become available below. Check back later for translations.
Important Fraud Warnings Fraudulent websites are posing as official U.S. government sites. Some companies posing as the U.S. government have sought money in order to "complete" DV entry forms. There is no charge to download and complete the Electronic Diversity Visa Entry Form. To learn more, see the Department of State Warnings and the Federal Trade Commission Warning. The Department of State does NOT notify successful DV applicants by letter or email. Entrants can check the status of their entries, as explained below, by returning to the website at http://www.dvlottery.state.gov to find out if their entry was or was not selected.
Qualifying Occupations Successful DV entrants must be eligible to receive a visa by qualifying based on education, work, and other requirements. The law and regulations require that every DV entrant must have at least: A high school education or its equivalent; or Two years of work experience within the past five years in an occupation requiring at least two years' training or experience. To learn more about qualifying occupations, see the Diversity Visa Instructions Frequently Asked Questions and the List of Occupations webpage.l
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Dreams Come True... Processing for Deferred continued from page 1 Action Is On
and his or her income is less than 150% of the U.S. poverty level. n Applicant, at the time of the fee exemption request, has accumulated $25,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses and his or her income is less than 150% of the U.S. poverty level.
Evidence Required for Fee Waiver Exemption USCIS has indicated it will: n Accept affidavits from communitybased or religious organizations to establish an applicant’s homelessness or lack of parental or other family financial support. n Accept copies of tax returns, bank statements, pay stubs, or other reliable evidence of income level. Evidence can also include an affidavit from the applicant or a responsible third party attesting that the applicant does not file tax returns, has no bank accounts, and/or has no income to prove income level. n Accept copies of medical records, insurance records, bank statements, or other reliable evidence of unreimbursed medical expenses of at least $25,000.
Denial of Application for Deferred Action Status Where an application for deferred action status is denied, and the applicant’s case does not involve a criminal offense, fraud, or a threat to national security or public safety, USCIS has indicated it will not refer such cases to ICE for purposes of removal proceedings except where there are exceptional circumstances.
No Appeal of USCIS Decision to Deny Deferred Action Status Applicants cannot appeal a denied application for deferred action status, nor file a motion to reopen or reconsider. They may however, request a review of a denied application from USCIS if they met all of the requirements for deferred action and believe that their application was denied due to one of the following errors: n USCIS denied the application for deferred action status based on abandonment and applicant claim that he or she did respond to a Request for Evidence within the prescribed time; or n USCIS mailed the Request for Evidence to the wrong address, even though applicant had submitted a Form AR-11, Change of Address, before the issuance of the Request for Evidence.
Extension of Deferred Action Status after Two Years Unless terminated, individuals granted deferred action status will not be placed into removal proceedings or removed from the United States for a period of two years. They may file for an extension of their deferred action status after two years, as long as they were not above the age of 30 on June 15, 2012 even though they are above 31 years at the time of filing the extension. Where deferred action status is extended, the work authorization will also be extended. l For a free consultation call 718-2439431
New Online Immigration Resource in Up to 22 Different Languages
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ASHINGTON: U.S. Citizenship and Immigration Services (USCIS) launched its online Multilingual Resource Center, a new feature on www.uscis.gov. The center provides a central location for USCIS resources in a variety of languages, to include — Haitian Creole, Polish and Vietnamese. Offering certain immigration application information in other languages helps ensure USCIS communicates across many cultures and reaches a broader audience, while also ensuring that customers obtain information directly from USCIS, and not from unofficial — and possibly unscrupulous— sources. Materials are available in up to 22 languages, covering information on USCIS application processes as well as frequently asked questions. “Our Multilingual Resource Center is our most recent step in increasing customer access to important and accurate immigration information," said Director Alejandro Mayorkas. "By providing immigration information to our customers in their native languages, we improve our customers’ experience and enhance their ability to navigate our nation’s legal immigration system." One of the highlights of the Multilingual Resource Center is the inclusion of a new
Spanish translation of The Handbook for Employers: Instructions for Completing Form I-9 (M-274). Over the past two decades, employers have been using this resource to better understand the employment eligibility verification requirements and how to complete Form I-9, Employment Eligibility Verification. The Handbook provides step-by-step guidance, clarifies the law, and answers frequently asked questions on completion of this form. The Spanish translation of the M-274 also will be included on the I-9 Central and EVerify websites. Another feature of the new Multilingual Resource Center is the introduction of a collection of 13 newly translated How Do I… guides in Chinese. The English versions of these guides have been very useful to those needing help understanding immigration requirements and USCIS services. Now, sponsors, family members and friends can print out and provide these materials to the native Chinese speaker they are helping. These guides, already available in English and Spanish, are very useful for people who need help understanding immigration requirements and USCIS services. l
The Multilingual Resource Center can be found at www.uscis.gov/multilingual.
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ABOUT US Publisher I.Q. INC.
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Managing Editor Pearl Phillip
Senior Editor Colin A. Moore
Assistant Editor Marilyn Silverman
Graphic & Website Designer Praim Samsoondar Samantha Rosero Lana Delgadillo
Contributors Jason Furman Danielle Gray Victoria Britt Walter Ewing Michelle Waslin
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Executive Director Diandra Archibald
Assistant Executive Director Sade Jackson Legal Advisor Brian Figeroux, ESQ.
Volunteering at THE IMMIGRANT'S JOURNAL LEGAL & EDUCATIONAL FUND, INC. Internship positions available throughout the year.
The Immigrant's Journal Legal & Educational Fund, Inc. is an organization dedicated to the educational and economic empowerment of all immigrants and immigrant organizations here in the United States. We at the Journal recognize the enormous contribution of immigrants to this country economically, socially and politically. Since September 11, 2001, however, immigrants have increasingly been discriminated against and Congress has passed legislation curtailing the rights of immigrants here in the U.S., broadly claiming that immigrants are a threat to ''National Security.'' We at the Journal believe that these charges are unfounded, unsubstantiated and exaggerated. The Immigrant's Journal Volunteer Intern Program: was introduced to give our volunteers the opportunity to work in an immigrant friendly environment while developing the necessary skills for college or law school. They assist our staff in resolving immigration and other legal concerns through personal interviews, radio, email and telephone contact. They also assist the public with citizenship applications and in researching whether or not children of naturalized U.S. citizens have derived citizenship from their parents. Some of our volunteers assist our legal staff by engaging in legal research and writing letters on other legal issues. Volunteer interns are also assigned various other jobs in our Youth Programs.
Hours are flexible. Email your cover letter and resume or any questions to immjournal@aol.com Tel: 718-243-9431 Fax: 718-222-3153
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IMMIGRANTS’ CONCERNS
Arrested by ICE? Here’s What to Do!
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f you are concerned that you, a friend, or a relative could be arrested by immigration, have the following information and documents available: The person's full name, aliases, date of birth, alien number, (or "A" number) if he or she has one, and information about his/her entry into the United States. Documentation of any prior deportation orders, criminal arrests and convictions, and copies of all immigration documents filed by the person or on his/her behalf with USCIS. To find out if someone has ever been charged by Immigration and Customs Enforcement (ICE), call EOIR at (800) 898-7180. You must have the person's "A" number available to use this automated system. Information about factors that favor the person's release, such as ties to the community, family and employment history. Contact information for the person's home consulate. Consulates may be able to provide legal assistance and support to their nationals. Unlike in criminal cases, the U.S. government will not provide a free attorney to someone detained for an immigration violation. Power of attorney, this is a legal document authorizing an individual to act on the detainee's behalf. Note: Make arrangements for the care of children in the event that their guardians are detained. If a person takes
medication regularly, a supply should be readily available in case of an arrest.
Locating a Person Arrested by ICE When a person is arrested by ICE, he or she may be detained in the greater New York area or transferred by ICE to an out-of-state facility. Adult detainees currently in ICE custody or who were released for any reason within the last 60 days may be located by visiting ICE's Online Detainee Locator System (ODLS) and entering the person's "A" number and country of birth. You may also search for someone by name, but it must be an exact match, and you must also provide the person's country of birth. If the status of the detainee shows "in custody," select "current detention facility" to find where the detainee is being held. If the search result shows "not in custody," it may mean they were released from ICE and either removed from the United States, released pending the outcome of their case, or transferred into the custody of another law enforcement or custodial agency. If your search returns the response "detainee not found", it may mean that the information used to search for the person was incorrect, or he/she may have been arrested by another branch of law enforcement. Note: ODLS does not con-
tain any information about persons under 18 years of age. If you are still unable to find the detainee after conducting your ODLS search, you may: Contact the ICE Office of Enforcement and Removal Operations (ERO) in the area where you believe the person's case was initiated. If detained or arrested in New York, call the ICE office at (212) 264-5954 or (212) 620-3411 extension 2 or 3. If you are detained or arrested in New Jersey, call (973) 645-3666 extension 0. Contact the consulate of the person's country of origin. Consulates are often required by international convention or treaty to be notified when one of their nationals is detained. A list of embassies may be found by visiting www.embassy.org/embassies.
Contact different county detention facilities individually. You may find a map of detention facilities on the Detention Watch Network website at www.detentionwatchnetwork.org/dwnmap. Begin with the facilities closest to the arrest location. Be ready to provide EROs and county detention facilities with the detainee's full name and "A" number.
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Contacting Someone Detained by ICE Family, friends and attorneys may call or visit immigration detainees. Call the facility to find out about visitation restrictions and hours. Note that federal detention centers conduct background and immigration status checks on all visitors. Undocumented immigrants who visit a detention center may be detained and/or subject to removal.
Requesting Release from Detention A person detained by ICE for removal may be eligible for: Release on bond: the detainee pays a bond amount set by ICE or an immigration judge. Release on recognizance: the detainee is released without having to pay a bond. This is generally reserved for detainees with humanitarian reasons for release, such as someone suffering from a serious medical condition or a sole caregiver of young children. Under some circumstances, a detainee may face mandatory detention without the right to bond. This usually happens when the person faces serious criminal convictions or was previously removed. In rare cases, this may be challenged. For more information relating to bond hearing, posting (paying) the bond and getting the bond money back visit www.figeroux.com. l
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IMMIGRANTS’ CONCERNS
Bankruptcy Exemptions and How They Protect Your Property from Creditors
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your non-priority unsecured creditors (such as credit card issuers) in your bankruptcy. So in a Chapter 13, exemptions help keep your plan payments low by simply reducing the amount you are required to pay creditors.
BY VICTORIA BRITT
here are many myths and misconceptions about bankruptcy. There are even stigmas attached to bankruptcy. Filing bankruptcy does not mean that you have to give up all of your property. Exemptions play an important role in both Chapter 7 and Chapter 13 bankruptcy. If property is exempt, it means it's beyond the reach of the bankruptcy trustee in Chapter 7 bankruptcy. For that reason, exemptions help determine which property you get to keep and which property you must give up in Chapter 7. In Chapter 13 bankruptcy, exemptions help determine how much you'll have to pay to your unsecured creditors. If most of your property is exempt, you are more likely to be able to afford a confirmable Chapter 13 plan. If you have lots of nonexempt property, the minimum payment to your unsecured creditors might knock you out of Chapter 13. Through exemptions, you can keep a certain amount of your assets safe in bankruptcy. Many exemptions protect specific types of property, such as a motor vehicle or your wedding ring. Sometimes, an exemption protects the entire value of the asset. Other times, an exemption protects up to a certain dollar amount of an asset. Some exemptions, called "wildcard
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exemptions," can be applied towards any property you own. If you can exempt an asset, then you don’t have to worry about it being taken or affecting your bankruptcy.
How Do Exemptions Work? Exemptions play different roles depending on whether you are filing a Chapter 7 or Chapter 13 bankruptcy.A Chapter 7 is a liquidation bankruptcy where the appointed trustee is looking to sell off your assets to pay your creditors. However, the bank-
ruptcy trustee cannot sell any property you are able to exempt. This is how bankruptcy exemptions help you to protect your assets in a Chapter 7 bankruptcy. For example, if your state has a $5,000 motor vehicle exemption and you only have one car worth $4,000, then you can keep it. A Chapter 13 bankruptcy allows you to keep all your property and reorganize your debts. However, the amount you must pay certain creditors still depends on how much property you can exempt. The value of any nonexempt assets must be paid to
State and Federal Bankruptcy Exemptions The amount of property you can exempt, depends on which state’s exemption laws you are using. Each state has its own bankruptcy exemptions. In New York, you can choose to use the federal bankruptcy exemptions. In contrast, the federal bankruptcy exemptions are found in the federal bankruptcy code and do not differ from state to state. Most states require bankruptcy filers to use the state exemptions. Some states allow debtors to choose between the state exemptions or the federal bankruptcy exemptions. If you have a choice, you must select one or the other — you cannot mix and match between the lists of state and federal exemptions. Bottomline, bankruptcy is an opportunity for a fresh start and a new beginning. Call today to find out if it is right for you. For a free, no obligation bankruptcy consultation, call 718-222-3155. Don’t hesitate. Don’t procrastinate. You deserve a new beginning.l
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VISA BULLETIN
October Visa Bulletin A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during October. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by September 10th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. FamilySponsored
F1
F2A F2B F3 F4
These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows: FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
All Chargeability Areas Except Those Listed
CHINAmainland born
01JUN10
01JUN10
INDIA
MEXICO
PHILIPPINES
15JUN93
01APR96 22JAN02
08OCT05
08OCT05
08OCT05
15SEP04
15SEP04
15JSEP04
01OCT92
15MAR01
22JUN96
22MAY02
15MAR01
22MAY02 15FEB01
01JUN10
2201MAY02
15MAY10 08FEB93
01JUN10 22JUL92
08FEB89
Source: U.S. Dept. of State
For October, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15MAY10. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15MAY10 and earlier than 01JUN10. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.) l
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LOVE & RELATIONSHIPS
Falling in Love: Tips for Autumn Wedding Bliss
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aterers, event halls and wedding planners are gearing up for fall wed-
ding season, one of the busiest times of the year for hopeful couples. Fall guarantees exquisite photo opportunities without the heat of summer — and the wealth of in-season decorations are beautiful and affordable. In fact, September and October are the most popular and third most popular months for weddings, respectively. If you're planning a fall wedding this season, read on for some helpful tips:
1. Keep warm. Since outdoor fall weddings have the potential to get chilly, keeping your guests warm is a must. Offer hot cocoa and homey baskets of soft blankets or cozy shawls. Set up fire pits or outdoor heating stations where guests can shake of the chill.
2. Location, location, location. Select a locale that is known for its fall scenery.
3. Incorporate fall colors into the wedding party wardrobe. Chocolate brown compliments a variety of fall color schemes, and it's flattering for most women. But if brown doesn't suit the plans, burgundy is another great fall shade that makes the bridal white pop.
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4. Select in-season flowers and decorations. Unless the bride has her heart set on lily of the valley or orchids, there are beautiful in-season flowers to choose from. Dahlias, chrysanthemums, asters, roses, zinnias and sunflowers all create elegant bouquets and floral displays with a lovely hint of fall. Add some crab apples for a playful, non-floral element. 5. Mix and match gourds, pumpkins and squash.
Pumpkins can be tacky or a little too reminiscent of Halloween, so class them up by serving pumpkin soup, pumpkin cocktails or tiers of mini pumpkins. Gourds also make eyecatching vases, and all three can be arranged as charming centerpieces. l
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OBAMA ADMINISTRATION
We Are a Nation of Immigrants
of us deserves the chance to shape our own destiny. That’s why centuries of pioneers and immigrants have risked everything to come here... The future is ours to win. But to get there, we cannot stand still." You know, I delivered a commencement address at Miami Dade Community College, which is one of the most diverse schools in the nation. The graduates were proud that their class could claim heritage from 181 countries around the world — 181 countries. Many of the students were immigrants themselves, coming to America with little more than the dream of their parents and the clothes on their back. A handful had discovered only in adolescence or adulthood that they were undocumented. But they worked hard and they gave it their all, and so they earned those diplomas. And at the ceremony, 181 flags — one for every nation that was represented — was marched across the stage. And each one was applauded by the graduates and the relatives with ties to those countries. So when the Haitian flag went by, all the Haitian kids — Haitian American kids shouted out. And when the Guatemalan flag went by, all the kids of Guatemalan heritage shouted out. And when the Ukrainian flag went by, I think one kid shouted out. This was down in Miami. If it had been in Chicago, there would have
continued from page 1
been more. But then, the last flag, the American flag, came into view. And everyone in the room erupted in applause. Everybody cheered. So, yes, their parents and grandparents—some of the graduates themselves—had come from every corner of the globe. But it was here that they had found opportunity. It was here that they had a chance to contribute to the nation that is their home. And it was a reminder of a simple idea, as old as America itself: E pluribus unum. Out of many, one. We define ourselves as a nation of immigrants — a nation that welcomes those willing to embrace America’s ideals and America’s precepts. That’s why millions of people, ancestors to most of us, braved hardship and great risk to come here — so they could be free to work and worship and start a business and live their lives in peace and prosperity. The Asian immigrants who made their way to California’s Angel Island. The German and Scandinavians who settled across the Midwest. The waves of Irish, and Italian, and Polish, and Russian, and Jewish immigrants who leaned against the railing to catch their first glimpse of the Statue of Liberty. This flow of immigrants has helped make this country stronger and more prosperous. We can point to the genius of Einstein, the designs of I. M. Pei, the sto-
ries of Isaac Asimov, the entire industries that were forged by Andrew Carnegie. And then when I think about immigration. I think about the naturalization ceremonies that we’ve held at the White House for members of our military. Nothing could be more inspiring. Even though they were not yet citizens when they joined our military, these men and women signed up to serve. We did one event at the White House and a young man named Granger Michael from Papua, New Guinea, a Marine who had been deployed to Iraq three times, was there. And you know what he said about becoming an American citizen? He said, “I might as well. I love this country already.” That’s all he said. Marines aren’t big on speeches. Another was a woman named Perla Ramos who was born and raised in Mex-
ico and came to the United States shortly after 9/11, and joined the Navy. And she said, “I take pride in our flag and the history we write day by day.” That’s the promise of this country — that anyone can write the next chapter in our story. It doesn’t matter where you come from — it doesn’t matter where you come from; it doesn’t matter what you look like; it doesn’t matter what faith you worship. What matters is that you believe in the ideals on which we were founded; that you believe that all of us are created equal, endowed by our Creator with certain inalienable rights. All of us deserve our freedoms and our pursuit of happiness. In embracing America, you can become American. That is what makes this country great. That enriches all of us.l
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IMMIGRATION
Where and Who Are the Young People Eligible for the President’s “Deferred Action” Initiative
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BY WALTER EWING
he Obama Administration’s “deferred action” initiative for unauthorized youth who were brought to this country as children has raised a number of crucial questions. How many people will be eligible? Who are they? And where do they live? A new analysis by the Immigration Policy Center (IPC), together with Rob Paral & Associates, provides some answers. While other analyses have produced national and state-level estimates of how many immigrants could benefit from the deferred action initiative, the IPC report provides a new level of detail, breaking down the eligible population by nationality and age at not only the national and state level, but the congressional district level as well. According to the IPC report, there are approximately 1.4 million immigrants currently in the United States who might meet the requirements of the deferred action initiative, either now or when they are older. Roughly 936,930 are between the ages of 15 and 30 and
might immediately meet the requirements. They comprise 69 percent of all potential beneficiaries. Yet approximately 426,330 immigrants between the ages of 5 and 14 might meet the requirements at some point in the future only if the initiative remains in place. They comprise 31 percent of all potential beneficiaries. Not surprisingly, nearly half of potential beneficiaries (both immediate and future) live in California and Texas, and most are Mexican. But there are significant numbers in virtually every state, and they come from all corners of the globe. The states with the most potential beneficiaries are California (412,560), Texas (226,700), Florida (85,750), New York (70,170), and Illinois (67,460). Roughly 68 percent of potential beneficiaries are Mexican, while 13 percent are from other countries in North and Central America (including the Caribbean). Approximately 8 percent of potential beneficiaries are from Asia, 7 percent from South America, 2 percent from Europe, and 2 percent from other parts of the world. The IPC report also reveals that
potential beneficiaries from different parts of the world are distributed differently across the country. The greatest numbers of potential beneficiaries from Mexico, for instance, are found in California (326,250), Texas (196,130), Illinois (56,850), Arizona (49,860), and Georgia (25,590). The greatest numbers of potential beneficiaries from other countries in North and Central America live in California (37,210), Florida (30,590), New York (22,840), Texas (16,910), and New Jersey (9,570). And the greatest numbers of potential beneficiaries from Asian countries are in California (35,950), New York (10,850), New Jersey (6,120), Texas (6,120), and Illinois (3,900). In the biggest immigrant-receiving states, Mexicans predominate among potential beneficiaries. However, in other states, they do not. In California, for instance, Mexicans comprise 326,250 of potential beneficiaries, followed distantly by other countries in North and Central America (37,210) and Asia (35,950). In Florida, on the other hand, the largest numbers of potential benefici-
aries are from North and Central American countries other than Mexico (30,590), followed by South America (29,160) and Mexico (20,460). Demographic details such as these are important as the federal government gears up to implement the deferred action initiative, and as community groups prepare to assist the populations they serve in taking advantage of this opportunity. Knowing how many immigrants are eligible, what countries they come from, and how old they are will be key to the success of the initiative. In particular, it is important to remember that there are hundreds of thousands of unauthorized children who are not yet eligible to apply for deferred action, but who will become eligible in the coming years. As a result, there is an urgent need for Congress to create permanent and lasting solutions to the plight of these unauthorized young people. l
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BUSINESS & FINANCE
Ten Ways Immigrants Help Build and Strengthen Our Economy/continued from page 1 economy, and made America the economic engine of the world. How do immigrants strengthen the U.S. economy? Below is our top 10 list for ways immigrants help to grow the American economy.
nImmigrants start businesses. According to the Small Business Administration, immigrants are 30 percent more likely to start a business in the United States than non-immigrants, and 18 percent of all small business owners in the United States are immigrants.
nImmigrant-owned businesses create jobs for American workers. According to the Fiscal Policy Institute, small businesses owned by immigrants employed an estimated 4.7 million people in 2007, and according to the latest estimates, these small businesses generated more than $776 billion annually.
nImmigrants are also more likely to create their own jobs. According to the U.S. Department of Labor, 7.5 percent of the foreign born are self-employed, compared to 6.6 percent among the nativeborn.
nImmigrants develop cutting-edge technologies and companies. According to the National Venture Capital Association, immigrants have started 25
percent of public U.S. companies that were backed by venture capital investors. This list includes Google, eBay, Yahoo!, Sun Microsystems, and Intel.
nImmigrants are our engineers, scientists, and innovators. According to the Census Bureau, despite making up only 16 percent of the resident population holding a bachelor’s degree or higher, immigrants represent 33 percent of engineers, 27 percent of mathematicians, statisticians, and computer scientist, and 24 percent of physical scientists. Additionally, according to the Partnership for a New American Economy, in 2011, foreign-born inventors were credited with contributing to more than 75 percent of patents issued to the top 10 patent-producing universities.
nImmigration boosts earnings for American workers. Increased immigration to the United States has increased the earnings of Americans with more than a high school degree. Between 1990 and 2004, increased immigration was correlated with increasing earnings of Americans by 0.7 percent and is expected to contribute to an increase of 1.8 percent over the long-term, according to a study by the University of California at Davis.
10 nImmigrants boost demand for local consumer goods. The Immigration Policy Center estimates that the purchasing power of Latinos and Asians, many of whom are immigrants, alone will reach $1.5 trillion and $775 billion, respectively, by 2015.
nImmigration reform legislation like the DREAM Act, reduces the deficit. According to the nonpartisan Congressional Budget Office, under the 2010 House-passed version of the DREAM Act, the federal deficit would be reduced by $2.2 billion over ten years because of increased tax revenues. nComprehensive immigration reform would create jobs. Comprehensive immigration reform could support and create up to 900,000 new jobs within three years of reform from the increase in consumer spending, according to the Center for American Progress.
nComprehensive immigration reform would increase America’s GDP. The nonpartisan Congressional Budget Office found that even under low investment assumptions, comprehensive immigration reform would increase GDP by between 0.8 percent and 1.3 percent from 2012 to 2016. As a nation of immigrants, we must remember that generations of immigrants have helped lay the railroads and build our cities, pioneer new industries and
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fuel our Information Age, from Google to the iPhone. As President Obama said at a naturalization ceremony held at the White House recently: “The lesson of these 236 years is clear – immigration makes America stronger. Immigration makes us more prosperous. And immigration positions America to lead in the 21st century. And these young men and women are testaments to that. No other nation in the world welcomes so many new arrivals. No other nation constantly renews itself, refreshes itself with the hopes, and the drive, and the optimism, and the dynamism of each new generation of immigrants. You are all one of the reasons that America is exceptional. You’re one of the reasons why, even after two centuries, America is always young, always looking to the future, always confident that our greatest days are still to come. We celebrate the contributions of all Americans to building our nation and its economy, including the generations of immigrants.”l
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IMMIGRANTS’ CONCERNS
Infant to Senior: How Identity Theft Is Affecting Every Generation
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n infant's Social Security number is used in a credit card application. A 10-year-old's identification information is used to apply for a car loan. Grandpa gets an email claiming that he won the lottery and needs to provide information to collect the winnings. Today, identity theft can occur to anyone, not just middle-aged adults. Savvy thieves are targeting every generation, from child to adult to senior. It's important to stay alert so every member of your family is better protected.
Child ID Theft Think you don't have to worry about identity theft for your kids? The fact is, more than 19,000 cases of child identity theft were reported in 2011, up from about 6,000 in 2003, according to the Federal Trade Commission (FTC). How does this occur to children, who typically don't even have a bank account? Every day many parents send their children to school and child care with personal information in their backpacks. Backpacks are typically hung out of sight for hours or information can end up in desks for days, providing ample opportunity for identity thieves. How can you tell if your child's ID has been stolen? If your child begins to receive suspicious mail, like pre-approved credit cards and other financial offers normally sent to adults, his identity might have been
compromised. Also, a child should never have a credit history until they are older and actually have financial accounts. If you suspect that identity thieves may have targeted your child, complete a secure Child Identity Theft Inquiry Form from a monitoring agency. The agency will investigate the existence of a potential credit file in your child's name, and after the search is complete, respond to you at the email address you provide. If a file is located in your child's name, additional information will be asked for in order to proceed with steps to protect your child from any impact associated with this fraudulent activity. The most important thing you can do to avoid child identity theft is to be mindful of the personal information your children are carrying. Make sure their information is kept in a safe spot and not just tossed in the bottom of a school bag. Even better, seal any documents that contain your child's personal information in an envelope addressed to the school. Also, explain to your kids that they shouldn't share personal information with strangers in person or online.
Adult ID Theft Unfortunately, as many as 9 million Americans have their identities stolen each year, according to the FTC. Innovative thieves can get your information in many ways — from online hacking to dumpster
diving. To avoid ID theft, always shred personal documents, only use secure sites when shopping online, and give out your driver license number and other identification only when absolutely necessary. It's also wise to pick up your mail from your box every day and consider depositing outbound mail in a mailbox at the post office. Awareness is your best weapon against identity thieves, so subscribing to a monitoring service gives you peace of mind. The service helps you minimize your exposure to identity theft by proactively monitoring the sites where posting personal information may occur. The service also includes monitoring for changes in your credit, new addresses registered with the postal service, court records and non-credit loans not reported to the credit bureaus. If ID theft does happen, you won't be alone. The monitoring agency will help you restore your good name and also help you cancel stolen items from your wallet and obtain new ones.
Senior ID Theft Seniors are frequently targeted by online phishing scams. If you're a senior, or you are an adult child who cares for an elderly parent, it's important to always guard personal information closely. Seniors are often targeted on the phone
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with offers of free samples or lottery winnings — the caller simply needs some personal information to transfer the money or send the item. Another popular scheme is someone posing as a relative who is stuck and needs money in order to get home. Every senior should be highly skeptical when asked for bank accounts or Social Security numbers on the phone or Internet. Another issue — that is an easy fix — is that many seniors carry their personal information with them at all times — including their Social Security card, Medicare card, check book, etc. It's wise to only carry what is needed when leaving the house. Identity theft affects all generations. By knowing the different considerations for the various ages of your family's members, you'll help keep everyone safe today and in the future.l(ARA)
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HEALTH MATTERS
In Breast Cancer Detection, The Test Matters: Important Facts Every Woman Should Know
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ctober is Breast Cancer Awareness Month. One in eight American women will be diagnosed with breast cancer in their lifetime. However, early detection coupled with advanced treatment options, has cut mortality rates by a third in the U.S. over the past 20 years. Today, a new breakthrough technology is poised to provide a dramatic improvement in breast cancer detection by making mammograms more detailed and accurate.
Catching breast cancer early Studies show that when breast cancer is detected early, the chance for successful treatment is nearly 100 percent. Mammograms are a critical component of a successful screening program. In fact, mammograms can identify an abnormal breast mass up to two years before it can be detected by touch. It's for this reason that the American Cancer Society recommends every woman, every year, starting at the age of 40, get a mammogram.
3D mammography — Changing the face of breast cancer screening A new imaging technology called 3D mammography or breast tomosynthesis, is changing how doctors screen for breast can-
cer. This sophisticated technology significantly improves breast cancer screening by identifying small cancers that may have been missed by traditional mammography. If cancers are found when they are small, treatment options are generally less traumatic and the chance for a cure is greater. Another benefit of 3D mammography is its ability to reduce stress-inducing call backs. As many as one out of 10 women who have a routine screening mammogram will be asked to come back for additional tests. The majority of these women - up to 80 percent —will experience what's called a “false-positive” which means that an area that looked suspicious on their screening mammogram turned out, upon further testing, to be normal.
3D mammography makes finding breast cancers easier Current mammography relies on a 2D image. However, this technology has its limits because the breast is a 3-dimensional object, composed of different structures, such as blood vessels, milk ducts, fat, and ligaments. All of these structures, which are located at different heights within the breast, can overlap and cause confusion when viewed as a 2-dimensional, flat image. This
confusion of overlapping tissue is a leading reason why small breast cancers may be missed and normal tissue may appear abnormal, leading to unnecessary call backs. Many doctors have reported that the introduction of Hologic's Selenia Dimensions tomosynthesis system improves breast cancer detection by overcoming many of the limitations inherent in conventional 2D mammography. Although patients will notice little difference between a 2D and a 3D mammogram, the 3D technology gives doctors a clearer view through the overlapping structures of breast tissue. Reading a breast tomosynthesis exam is like flipping through the pages of a book to view one page at a time instead of seeing the whole breast reduced to a sin-
gle frame, as is the case with conventional 2D mammography. The ability to look at each layer of breast tissue millimeter by millimeter allows doctors to identify individual structures in the breast free from the confusion of overlying tissue.
The bottom line Women should talk to their physician about the best screening program for them, based on their age, family history and medical profile. Women need to pay attention to any changes, such as unusual lumps, swelling, irritation, dimpling, or pain in the breast or nipple. Finally, women who are 40 and older should be sure to have a mammogram every year.l (ARA)
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SOCIAL CONCERNS
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Woman Abused in Guatemala Gets Asylum
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ctober is Domestic Violence Awareness month. Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence (IPV), is defined as a pattern of abusive behaviors by one partner against another in an intimate relationship such as marriage, dating, family, or cohabitation. Domestic violence, so defined, has many forms, including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation. Alcohol consumption and mental illness can be co-morbid with abuse, and present additional challenges in eliminating domestic violence. Awareness, perception, definition and documentation of domestic violence differs widely from country to country, and from era to era. Domestic violence and abuse is not limited to obvious physical violence. Domestic violence can also mean endangerment, criminal coercion, kidnapping, unlawful imprisonment, trespassing, harassment, and stalking. We know that women are in the majority as victims and that domestic violence is a major issue for immigrants who depend on their spouse to petition on their behalf for a green card in the United
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States. Unfortunately, domestic violence is a worldwide vicious, evil occurrence. And, many individuals, in particular women flee to the United States to escape the horror of their abusive partners. For many its an uphill battle and struggle. Here. we highlight the story of one woman: A Guatemalan woman who fled to the U.S. after she was brutally beaten and raped by her common law husband won a seven-year battle to obtain asylum. An immigration judge in Los Angeles approved the 39-year-old woman's case after the Department of Homeland Security reversed course and conceded that she should be granted asylum here, the Central American Resource Center said in a statement. The woman, whose name was not released to protect her children in Guatemala, filed police reports recounting the abuse — which included being
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slashed with a machete — but authorities did not respond. She fled to the United States in 2004, after an especially harsh beating that landed her in the hospital for three days. "It's a huge victory for her, but it is a reminder of the reality that many women are still in legal limbo despite having suffered horrible harm and being very much entitled to protection under our law," said Daniel Sharp, the woman's attorney and the Center's legal director. Immigration and Customs Enforcement declined to comment on the case, citing the confidentiality of asylum proceedings. Each case is evaluated on an individual basis, said Virginia Kice, an ICE spokeswoman. In the last few years, a number of women who have suffered domestic violence in their home countries have won asylum in the United States. But many are still denied and there is little consis-
tency in how their cases are handled, Sharp said. The issue has largely centered on whether immigration judges deem the women to be members of a particular "social group" under the law, he said. “In 2009, federal immigration officials indicated in a brief that some domestic violence victims could be eligible for asylum,” said Lisa Frydan, managing attorney for the Center for Gender & Refugee Studies at the University of California Hastings College of the Law. Frydan said she has seen “a higher grant rate since then in the cases her Center has worked on, but the outcome varies by judge. No official statistics are kept on how many women's cases have been approved.” In this case, the woman — identified in the statement as N-S- — applied for asylum in 2005 but lost her case in immigration court. “She appealed, and while the case was pending, immigration officials changed their position and conceded that she was eligible,” Sharp said. “The case was remanded back to the immigration court, and immigration judge Lori Bass granted her asylum,” he said.l Some information in this article was obtained from the San Francisco Chronicle
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LEGISLATURE
Eligibility Status for Special immigrant Juveniles
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he purpose of the Special Immigrant Juvenile (SIJ) program is to help foreign children in the United States who have been abused, abandoned, or neglected. nCertain children who are unable to be reunited with a parent can get a green card as a SIJ nChildren who get a green card through the SIJ program can live and work permanently in the United States
To petition for SIJ you must have a state court order that contains certain findings, USCIS uses to determine your status. The state court may be called "juvenile court", "family court", "orphan’s court", or some other name, depending on which state it is in. The court must have the authority under state law to decide on the custody and care of children.
Actions State Court Must Take A state court in the United States must decide: nTo declare that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person and lIt is not in your best interests to return to your home country (or the country you last lived in) and
nYou cannot be reunited with a parent
nNow get medical treatment that controls a dangerous mental or physical disorder nWere forced into prostitution nWere arrested only once for drugs, and only for 30 grams or less of marijuana nHad smuggled only your parents or brothers/sisters into the United States
because of ANY of the following: Abuse Abandonment Neglect Similar reason under state law
Eligibility Requirements To be eligible for SIJ status: nYou must be under 21 years old on the filing date of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
nYour state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application, unless you “aged out” of the state court’s jurisdiction due to no fault of your own nYou cannot be married, both when you file your application and when USCIS makes a decision on your application.“Not married” includes a child whose marriage ended because of: Annulment Divorce Death
nYou must be inside the United States at the time of filing the Form I-360 If you are in the legal custody of the U.S. Department of Health and Human Services (HHS): nYou must request permission from HHS
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for the court to legally place you somewhere else nYou do not need to request permission from HHS if the state court does not place you somewhere else
Green Card Based on SIJ Status Once you have met all the eligibility requirements for SIJ status, you need to establish your eligibility for a green card. You may need to file for a waiver in order to get a green card if you have certain ineligibilities (known as “inadmissibilities”).
For example, you might not qualify for a green card if you are (or were): nA risk to people or property, because of a mental or physical disorder nA prostitute or pimp nA drug addict or abuser nAn alien smuggler However, the law has exceptions. For example, you may receive an exemption if you:
In addition, many of the reasons other green card applicants do not qualify might NOT apply to you as an SIJ, such as if you: nCannot financially support yourself nAre unlawfully present in the United States nEntered the United States by hiding on a boat, airplane, or other transport (as a stowaway) nDo not have a proper visa or passport
USCIS can waive most other disqualifying grounds if you show a good reason for a waiver, such as: nHumanitarian concerns or in the public interest. It is important to note that if the green card is obtained through the SIJ program: nYou can never petition for a green card for your parents
nCannot petition for a green card for your brothers and sisters until you become a U.S. citizen.l
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OUR LEADERS
IJLEF Shows Community Commitment With Free Citizenship Drive The Immigrant’s Journal Legal & Educational Fund (IJLEF), Inc., through its founder, Brian Figeroux, Esq., began its journey by assisting immigrants to the United States with their citizenship applications (deportation inoculation), free immigration consultations and free seminars on immigration issues throughout New York City in 1996. These free services were important, because of the antiimmigrant climate that was prevailing at that time as well as the passage of IRAIRA in Congress, a law curtailing the rights of immigrants in the U.S. Additionally, the anti-immigrant rhetoric espoused by various individuals and organizations that opposed the increased influx of Latinos and Blacks immigrating to the United States, then and now, did not help. IJLEF, Inc., (The Journal), subsequently, had an official launch, on Saturday, December 19th, 1998 at New York City Technical College, Brooklyn, NY, with a immigration conference and cultural show, and the organization, eventually received its not-for-profit status on July 6, 2004. Over the years, through necessity, the Journal, eventually introduced a membership program in 2007, where membership benefits in 2010, now includes, a free citizenship drive (deportation inoculation), free assistance with applications for tax ids, free consultations during our ICE radio shows, in Spanish and English, assistance
to open bank accounts, free monthly immigration membership seminars at the Journal’s offices, free information flyers and publications on immigration issues and free legal consultations with Figeroux & Associates on any legal issues. Continuing its commitment to the immigrant community, the Journal makes free immigration seminars at churches and other not-for profit organizations. Today, the IJLEF contines its citizenship drive known popularly as “Deportation Inoculation”. Becoming a naturalized U.S. citizen has many benefits – citizens can vote and run for public office, bring family members to the U.S., hold certain jobs reserved for citizens, and they are protected from deportation. There are also a range of economic benefits to citizenship, highlighted by the Migration Policy Institute (MPI) in their new report, The Economic Value of Citizenship for Immigrants in the United States. MPI found that “naturalized citizens earn more than their noncitizen counterparts, are less likely to be unemployed, and are better represented in highly skilled jobs.” The report also finds that naturalized citizens weathered the recession more successfully than noncitizens and native-born U.S. citizens. For example, naturalized citizens experienced a 5 percent decline in median annual earnings, compared to 19
percent for noncitizens and 8 percent for native-born U.S. citizens. Naturalized citizens earn 50-70 percent more than noncitizens, have higher employment rates, and are less likely to live below the poverty line. What explains the difference? Much of it is explained by the fact that naturalized citizens typically have higher education levels, speak English better, and have more work experience than noncitizens. However, research indicates that in addition to those factors, there is a “citizenship premium,” meaning there is an economic benefit obtained from naturalization above and beyond the benefits of education level, language ability, and work experience. Some reports have estimated that naturalized citizens may earn a wage premium of
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at least 5 percent, and this premium may be higher for women and Latino immigrants. So why are eligible noncitizens failing to naturalize? Approximately two-fifths of immigrants in the U.S. are naturalized U.S. citizens. Of course, there are unauthorized immigrants and others who are ineligible to naturalize. But approximately 8 million noncitizens are currently eligible to apply for citizenship but have not done so. Some eligible noncitizens choose not to naturalize because they believe their existing nationality offers more benefits. On the other hand, those who would like to naturalize face significant barriers; from concerns about passing the English language and U.S. history exams, to the time and money required to prepare for the exam and submit the application. This report underlines the fact that, while it is sometimes overlooked, integration policies are important, and efforts to promote naturalization do not only benefit the immigrants themselves, but the community as whole. Researchers Richard Florida and Charlotta Mellander found that nations who emphasize immigrant integration have higher levels of economic competitiveness, are more innovative, and have higher rates of entrepreneurship. The MPI report reminds us that an investment in solid integration policies is an investment in our nation’s own wellbeing.l
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