Immigrant's Journal

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The Immigrant’s Journal

Our leaders who stood for Unity & Justice

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Protecting God’s Children From Distant Lands

Vol.84

26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com

Legalization on the Horizon: Senate Immigration Bill Has Arrived

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BY AMANDA PETERSON BEADLE

he Senate’s “Gang of Eight” have introduced the “Border Security, Economic Opportunity and Immigration Modernization Act” in the 113th Congress. The bill is 844 pages long and will no doubt invite weeks of debate on many of its provisions. The bill is the culmination of months of work by Senators and their staff, and was buoyed by pre-negotiations of the toughest sticking points between business and labor groups, as well as many other stakeholders. An overview of the bill, breaks the reforms down into a few main categories:

Path to Citizenship: The bill creates a way for millions of undocumented immigrants already living in the U.S. to apply

for citizenship. First, immigrants must have entered the U.S. before December 31, 2011, maintained a continuous physical presence here, pass a criminal background check, and pay a $500 penalty, among other requirements. Applicants will be able to renew their status as Registered Provisional Immigrants (RPIs) after six years if they meet additional criteria. At the ten year mark, RPIs will be eligible for adjustment of status under a new program that permits those in the U.S. for more than ten years to seek adjustment of status. Three years later they would be eligible to apply for citizenship. DREAM Act-eligible young adults would be on a separate, accelerated path to a green card and would be eligible for citizenship immediately after becoming a lawful permanent resident.

Border Security: The immigration bill

allocates $3 billion to the Department of Homeland Security (DHS) to improve border security by adding surveillance drones and 3,500 additional customs agents along with other measures. Another $1.5 billion will go to fencing along the southern border. Within five years of enactment, the legislation requires DHS to have achieved 100 percent surveillance of the nation’s southwest border and a 90 percent apprehension rate of people attempting to illegally cross in high-risk areas of the U.S.Mexican border. If DHS does not meet those standards, then a border commission of governors and attorneys general from borders states would have an addicontinued on page 11

For a Summary of the Proposed Senate Bill ...see pages 8 & 9

Relationship Playbook: Rules to Live By.... see page 14

AILA, IJLEF Commends Senate “Gang of Eight” for Bipartisan Immigration Bill

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BY AILA PRESS CENTER

ASHINGTON, DC: The American Immigration Lawyers Association (AILA) commends the Senate "Gang of Eight" for introducing its bipartisan immigration reform proposal, allowing the Senate Judiciary Committee to forge ahead on the "markup" process. A proposal like this is a necessary first step in any path forward to create a commonsense immigration system

Linda Brown

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continued on page 10

DIASPORA ISSUES: Let Bankruptcy Be Your Personal Bailout: Call 718-222-3155 for a FREE Consultation

Brian Figeroux, Esq.

Linda Brown: Changing the Laws magine you are a seven year old and have to walk one mile to a bus stop by walking through a railroad switching station and then waiting for a school bus to go to a "black elementary school" or a school where only African American children went. This is what happened to Linda Brown, an African American third grader from Topeka, Kansas, even though there was a "white elementary school" only seven blocks away. A "white elementary school" was a school where only white students were able to attend.

The Lawsuit Begins This is how the Brown vs. Board of Education lawsuit was started in 1951. Linda’s father, Oliver Brown, and thirteen other parents tried to enroll their children in the local "white schools" in the summer of 1950, but were turned down because they were African Americans. They were told they must attend one of the four schools in the city for African American children. continued on page 17

For Immigration News & Updates

Visit www.ijlef.org

President Obama to New Citizens: "In each of you, we see the true spirit of America"

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ecently, President Obama spoke at a at a naturalization ceremony for active duty service members and civilians at the White House. He welcomed 28 new American citizens to our nation of immigrants and called for reforms to our immigration system that will help harness the talent and ingenuity of all those like them who want to work hard and find a place here in America. President Obama said that in each of the men and women who had earned the right to call this country home, we're reminded of the millions who came before them and our "faith in the idea continued on page 10

How to Manage Money When You Are Between Jobs... see page 7


TABLE OF CONTENTS

A Special Invitation

to all faith-based leaders to empower their congregation and membership

from the IJLEF, Inc., a 501(c)(3) approved not-for-profit organization offering

Associated Press Stylebook Drops “Illegal Immigrant”.................................................4 USCic Revises Employment Eligibility Verification Form............................................4

Temporary Protected Status Extended for Hondurans...................................................4

Why Are Some Still UnDACAmented?.........................................................................5

FREE IMMIGRATION SEMINARS/ PRESENTATIONS & CONSULTATION CARDS ($100 VALUE) ON THE DAY OF THE PRESENTATION

Welcome to America

Guaranteeing Access to Healthcare to Immigrant Women.............................................6 How to Manage Money When You Are Between Jobs..................................................7 Remove Conditions on Permanent Residence Based on Marriage..............................15

Call 718-243-9431 to schedule a presentation

The Pathway to Citizenship and Immigration Integration............................................22

My people are destroyed for lack of knowledge. — Hosea 4:6

Join us on Facebook The Immigrant’s Journal Legal & Education Fund Inc.

Immigration & Legislative News

Comprehensive Immigration Reform President Obama to New Citizens..................................................................................1 Legalization on the Horizon...........................................................................................1 AILA, IJLEF Commends Senate “Gang of Eight”........................................................1

Summary of the Proposed Senate Bill for CIR ............................................................8

Paths to Citizenship......................................................................................................11

Business, Love & Health

HELP US Donate to the IJLEF

Success Begins June 20, 2013.......................................................................................12 Relationships Playbook: Rules to Live By....................................................................14

The Mental Health Needs of Immigrants......................................................................18

A Mother’s Heartfelt Account of Managing High Blood Pressure...............................20 Suppress the Sneeze......................................................................................................21

Know Your Rights

Visit

Linda Brown: Changing the Laws..................................................................................1

Immigration Services Fraud..........................................................................................16

www.ijlef.org

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Civil and Human Rights Coalition Welcomes Immigration Bill.................................17

DOMA Unconstitutional as Applied to Immigrants.....................................................19

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GUEST EDITORIAL

'Gang of 8' Immigration Bill Is Practical, But Far From Ideal

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BY PONTE AL DIA

f there are any winners in the immigration reforms set out by the bipartisan Senate “Gang of 8” in the 844page bill they released recently, it would have to be big business — which will see a significant increase in visas allotted to high-skilled workers and a new system of temporary visas for agricultural workers and low-skilled laborers — and the Department of Homeland Security (DHS) — which not only is entrusted with all aspects of border security but gets a hefty chunk of the bill’s $17 billion price tag to do it. The bill satisfies few on the left or the right. Republican Rep. Lamar Smith has already slammed the legislation, and hours after the bill was released, antiimmigration activists were already protesting outside Sen. Marco Rubio’s office. The conservative Republican and Tea Party favorite quickly released a statement saying the legislation will implement the toughest border security and immigration law enforcement in U.S. history before “a single” undocumented immigrant is able to apply for permanent residence in the U.S. And that is one of the concessions of the bill that concerns immigration advocates. The bill requires DHS to submit (within six months) a “Comprehensive Southern Border Security Strategy” to achieve the agreed effectiveness rate (90 percent of entries at high-risk border sections are apprehended or turned back). Presumably, the enhanced security measures would include double-layer fencing, use of unmanned drones and deployment of thousands of new border patrol agents. No undocumented immigrant already resident in the U.S. will be able to file for registered provisional status until this security strategy is approved. After that, provided the undocumented immigrant has a clean legal record, can pay a $500 fee and the assessed taxes, he or she can register for the provisional status (which does not permit access to any of the benefits of permanent residency but does prevent summary deportation). Provisional status can be renewed after six years, with payment of another fee. After 10 years, those with provisional status should be able to pay a $1,000 penalty and apply for permanent resident status, which would not be accorded until all existing family and employment

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 Walter Ewing Amanda Peterson Beadle Matt Hershberger Patrick Taurel Guillermo Cantor Jennine Estes Ritchie King

green cards have cleared the system. All of which means undocumented immigrants would have close to a 15 year wait for the possibility of permanent resident status. (DREAM-Act eligible young immigrants and agricultural workers would have an expedited 5-year wait until they can apply for permanent residence.) And that’s in the ideal. If the DHS were unable to complete the security strategy to Congress’ satisfaction within the allotted 180-day period, however, a “Southern Border Security Commission” would be appointed (consisting of the governors of California, Arizona, New Mexico, and Texas and border security experts designated by the President, the Speaker of the House, the House minority leader, the Senate Majority Leader, and the Senate Minority leader) and registry for provisional status would start only after this body could agree on a security strategy for the border. Right now that would mean Jan Brewer, Rick Perry, Susana Martinez and Jerry Brown would play a huge part in whether undocumented immigrants ever see the possibility of a green card. The Gang of 8’s bill has satisfied neither LGBT advocates (it does not include same-sex spouses in family visas) nor faith-based advocates (who decry the exclusion of siblings and adult children). But the switch from family-reunification priority to skills-based merit visas fits the Gang of 8‘s materialistic approach to

reforming immigration. There are benefits to extending the length of time undocumented immigrants stay at provisional status — namely, they continue to generate revenue (rent, food, sales tax and automatic payments into social security, among others) without any access to social security benefits, or governmentassisted health care or educational aid. Moreover, the fees, penalties and back taxes to be levied on the road to a green card, no less citizenship, would provide a revenue stream of its own. Low-skill guest workers also generate income for the municipalities that host them, and under this plan (which creates a new bureau to administrate the Wvisas) they would conveniently be sent home after a three-year stint. In many ways, the practical proposals in the bill are fitted to what we’ve learned from Georgia, Alabama and Arizona: economies are devastated when we institute punitive immigration measures. But the Gang of 8’s approach is hard to love. And the message it projects couldn’t be more different than the one we are fond of quoting from the Emma Lazarus poem on the Statue of Liberty. No huddled masses for us, thanks, unless they’re temporary and go home after three years. And breathing free? That’s got to wait another 15 years.l Editor's Note: This editorial was produced by the editorial staff of Ponte Al Día.

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Executive Director Diandra Archibald

Assistant Executive Director Lana Delgadillo 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

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES


IMMIGRATION NEWS

H-1B Cap Reached Within First Week, Highlights Need for Immigration Reform

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ASHINGTON, DC: Laura Lichter, President of the American Immigration Lawyers Association (AILA), commented on today’s announcement from the United States Citizenship and Immigration Services (USCIS) that within mere days of accepting applications, the cap of 65,000 H-1B petitions and 20,000 graduates of U.S. advanced degree programs have been reached for fiscal year 2014. Because of the high number of applications in the first five days, a lottery will be held to determine which of the applications received within those five days will actually be considered while all the others will be rejected out of hand. This means that U.S. employers who need certain highlyskilled foreign-born workers will have to wait until April 2014 to again try to apply, and wait until October 2014 for them to actually start work. “Frankly, reaching the cap this soon means we’re back in the same situation we faced several years ago and is a sign that our economy is getting stronger since it means companies are hiring. We need our economy stronger so that’s great news. But reaching the cap so quickly shows that this limit set on recruiting foreign talent just isn’t based on actual labor force demand and the human resource needs of U.S. companies,” said Lichter. “This is yet another sign that our immigration system is broken and that fixing it will benefit our economy. We need our legislators to take this issue seriously as part of a reform package that includes a roadmap to lawful permanent status for the millions of undocumented immigrants currently living and working in

the U.S., and reforms to the legal immigration system in a way that will help businesses to grow, families to reunite and bring fairness to immigration enforcement. It’s a positive sign that reportedly labor and business have agreed on some immigration issues in advance of a bill being introduced, but in the meantime all of the businesses and potential employees who didn’t make the H-1B cut this year are out of luck,” she concluded. H-1B petitions are filed by U.S. employers seeking to hire a specific foreign national in a specialty occupation involving the theoretical and practical application of a body of specialized knowledge (such as the sciences, medicine and health care, education and biotechnology). The numerical limitation on H-1B petitions for fiscal year 2014 is 65,000. Additionally, the first 20,000 H1B petitions filed on behalf of foreign nationals who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap.l

Temporary Protected Status Extended for Hondurans

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ASHINGTON, DC: Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, beginning July 6, 2013, and ending January 5, 2015. Current Honduran beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs from April 3, 2013, through June 3, 2013. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible once the 60day re-registration period begins. Applications will not be accepted before April 3, 2013. The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Honduran TPS beneficiaries who request an EAD and meet the re-registration deadline will receive a new EAD with

an expiration date of January 5, 2015. USCIS recognizes that some re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is automatically extending current TPS Honduras EADs that have a July 5, 2013, expiration date for an additional six months. These existing EADs are now valid through January 5, 2014. To re-register, current TPS beneficiaries must submit Form I-821, Application for Temporary Protected Status. TPS re-registrants must also submit Form I-765, Application for Employment Authorization, but no application fee is required if the re-registrant does not want an EAD. Re-registrants do not need to pay the Form I-821 application fee, but they must submit the biometric services fee, or a fee waiver request, if they are 14 years or older. All TPS re-registrants applying for an EAD must submit the Form I-765 application fee, or a fee waiver request.l

The Associated Press Stylebook Drops “Illegal Immigrant,” The Times Debates Following Suit

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BY MATT HERSHBERGER

he Associated Press (AP) posted a blog saying that they are no longer going to advise writers to use the term “illegal immigrant” in the stylebook. The AP stylebook is considered the standard among American journalists, so the change is likely lead to a marked drop in the use of the controversial term over time. On Wednesday, as responses to the AP’s decision were still coming in, the New York Times blogged that they, too, are reconsidering the use of the term, though the Times’ public editor Margaret Sullivan said she did not expect them to completely “ban the use of “illegal immigrant,” as the AP has done.” The AP’s move brings much-needed accuracy to an often contentious, rhetorical debate. Interestingly, the AP’s reasoning behind dropping the I-word had nothing to do with the fact that nearly half of Latinos consider the label to be offensive, or that it is not a neutral journalistic term, or that it is not (as we have argued) legally accurate or precise. The change, the AP said, was part of a much larger effort to purge their stylebook of labels. The AP’s Senior Vice President and Executive Editor Kathleen Carroll, who wrote the statement, compared the change to what they’ve recently been doing with labels in mental health: “The new section on mental health issues argues for using credibly sourced diagnoses instead of labels. Saying someone was ‘diagnosed with schizophrenia’ instead of schizophrenic, for example.” Carroll argues that the change in usage of the term “illegal immigrant” was done

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primarily to remain consistent throughout the Stylebook. “’Illegal’ should describe only an action, such as living in or immigrating to a country illegally.” The stylebook will now read, “Except in direct quotations, do not use the terms illegal alien, an illegal, illegals or undocumented.” The AP has previously argued that “undocumented,” the most widely preferred alternative, is imprecise, which is why it should also not be used. Margaret Sullivan explained that the Times, on the other hand, was unlikely to prohibit the use of the word, but would likely attempt to provide more alternatives. She said in her blog post that she personally no longer favored “illegal immigrant” because “so many people find it offensive to refer to a person with an adjective like ‘illegal.’” The move has been widely praised by immigration advocates who have long argued that the term is dehumanizing to those it attempts to describe, and that as such, it is a slur. However, some restrictionists have decried the move as “politically correct” and as an attempt to influence the upcoming immigration bill. Whatever the reasoning, having two of the most influential journalistic institutions in the country back away from these terms is a major step forward. Language matters in public policy debates, and choosing words that criminalize vast swaths of the American population, who largely have been convicted of no crime, does nothing to help move the issue forward. The AP’s move brings much-needed accuracy to an often contentious, rhetorical debate.l

USCIS Revises Employment Eligibility Verification Form

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ASHINGTON, DC: U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States. Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. The Department of Homeland Security has published a Notice in the Federal Register informing employers of the new Form I-9.

Effective 03/08/13: Employers should begin using the newly revised Form I-9 (Rev. 03/08/13)N for all new hires and reverifications. Employers may continue to use previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09) Y until May 7, 2013. After May 7, 2013, employers must only use Form I-9 (Rev. 03/08/13)N. The revision date of the Form I-9 is printed on the lower left corner of the form.

Employers should not complete a new Form I-9 for current employees if a properly completed Form I-9 is already on file. A Spanish version of Form I-9 (Rev. 03/08/13)N is available on the USCIS website for use in Puerto Rico only. Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete the English version of the form. The revised forms are available in English and Spanish online at www.uscis.gov. For more information, please call 888-464-4218. Representatives are available Monday through Friday, from 8 a.m. to 5 p.m. ET. USCIS maintains a website, I-9 Central, to support Form I-9 users. USCIS has also scheduled free webinars to help employers learn about the new form. To order forms, call USCIS toll-free at 1800-870-3676. For downloadable forms

and information on USCIS programs, immigration laws, regulations, and procedures, please visit www.uscis.gov.l

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LEGISLATIVE NEWS

Why Are Some Still UnDACAmented?

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BY PATRICK TAUREL

he latest USCIS DACA numbers from March show that the agency has received roughly 470,000 applications, which means that just under half of those estimated to be eligible have applied. While the success reflected by the 470,000 figure is not to be downplayed, the new numbers beg the question: What about the other half million? Why are they still unDACAmented? It’s time to turn our attention to the rural areas and getting those young people DACAmented. Hard data isn’t available yet, but the organizations working tirelessly to help young people apply for DACA believe that a large percentage of eligible immigrants are living in rural America, which presents them with a range of challenges. Estimates show that roughly one quarter of all DREAMers live in rural communities and that upwards of half of them need to enroll in a qualifying adult education program to become DACA-eligible. If we hone in on the migrant farmworker population — which contains about 55,000 DREAMers – over 80% would need to take steps to meet the education requirement. Apart from the educational hurdle, there is a substantial financial one. Migrant farmworkers generally earn a little over $11,000 a year, making the $465 DACA filing fee cost-prohibitive. As if these obstacles weren’t enough, itinerant farm-

workers are particularly hard-pressed when it comes to producing evidence of continuous residence since June 15, 2007 (a requirement of the program) and gaining access to legal services. Anecdotal evidence bolsters these conclusions. Recently, the Florida Dream Coalition, working in conjunction with volunteer law students from the University of Miami and Florida International University, organized several DACA workshops throughout central Florida. During the workshops, immigrants described the obstacles they faced to applying for DACA. Those living in rural communities provided consistent answers: they didn’t know about the program; they live far away

from legal service providers; they fear that the government will try to deport them if they apply; they don’t meet the education requirement; and, above all, the application fee is too high. At the Gainesville DACA clinic, the Harvest of Hope Foundation, a non-profit providing migrant farmworkers with emergency and education services, pledged funds to cover the filing fees of local DACA applicants. Nearly every individual at the clinic that day needed financial assistance. Lessons from North Carolina lend credence to the theory that there is an urban/rural divide within the applicant pool. If you compare USCIS figures to estimates produced by the Immigration

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Policy Center, it turns out that about 4050% of the eligible DREAMer population has applied for DACA. Except in North Carolina. In North Carolina, roughly 16,500 out of an estimated 18,000 — 90% — have applied. What explains the disparity? Farmworker organizers report that North Carolina’s farmworker outreach network is exceptional. In which case, North Carolina may provide the model for effective DACA implementation throughout the country. If indeed, many of the remaining unDACAmented youth are in rural America, future outreach efforts must be targeted accordingly, placing appropriate emphasis on linking would-be applicants to qualifying adult education programs. It also means that the availability and accessibility of microloans and scholarships for DACA filing fees will play a make-orbreak role for tens of thousands of individuals going forward. Let’s not miss the silver-lining, however. If this hypothesis is correct, then outreach in urban areas has largely been a success. The impassioned, outspoken and social media-savvy DREAMers at organizations like United We Dream and its affiliates, deserve immense credit for getting the word out about DACA. Half a million applications in 8 months is no small feat. Now it’s time to turn our attention to the rural areas and getting those young people DACAmented.l

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WELCOME TO AMERICA

Guaranteeing Access to Health Care to Immigrant Women: A Necessary and Wise Investment

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BY GUILLERMO CANTOR

n the current public debate regarding comprehensive immigration reform, the focus on immigrant access to health benefits has been almost exclusively limited to cost (which is undeniably an important aspect) and has rarely addressed the social gains that result from investing in a healthy population. For the most part, the health of immigrant women has been left out of the discussion, which is, in many aspects, problematic. As reported by the Bureau of Labor Statistics, 54.6 percent of foreign-born women were labor force participants in 2010. In addition, immigrant women who perform their work in the domestic sphere help sustain the current workforce, raise the future workforce, care for the elderly and sick, and play a critical role in household well-being. Women’s contributions to the economy are, therefore, not only immediate, but will be felt in the future. According to the World Health Organization, women’s health is an urgent priority demanding greater attention. From a societal perspective, there are strong indicators that investing in women’s health (and, especially, in maternal-newborn health) not only con-

stitutes a value in itself, but also may result in economic growth. This applies not only to women in general but to immigrant women in particular. In spite of overwhelming evidence pointing to the societal benefits of investing in women’s health, some immigrant women are among the most marginalized groups and those that are most excluded from the health system. A recent study conducted by a bi-national research team at the National Population Council of Mexico (CONAPO) and the University of California, provides telling insights about the health outcomes of Mexican immigrant women. According to the study, there are currently 5.4 million Mexican women in the United States,

comprising the largest immigrant group in the country. Because the vast majority work in the informal sector, their access to employer-based health insurance is severely restricted. In fact, “Mexican women have the lowest levels of health insurance coverage of all ethnic groups in the United States”. They are also less likely to benefit from public programs for low-income families. Ironically, in spite of their socioeconomic status, low levels of health insurance coverage, and limited use of health services, Mexican women are overall in a better state of health than might be expected. This phenomenon, often referred to as the immigrant paradox, specifically refers to the low prevalence

of certain chronic diseases among Mexican women, including cardiovascular diseases, cancer, or hypertension, which is due in part to the younger average age of the group. Generally good maternal health outcomes among Mexican women also reinforce the paradox. However, as every other human being, they are not immune to the risks of getting sick or suffering from other health conditions. While the specifics of a reform package that will eventually legalize undocumented immigrants are still being decided, some oppose giving the newly legalized population access to affordable health coverage—in particular, through the Affordable Care Act. However, considering the societal goals of disease prevention and the health of the population at large, barring legalized immigrants from access to affordable insurance through health exchanges (which the beneficiaries themselves would purchase), does not seem to be a wise move. Even from a financial point of view, as the report points out, bringing a large pool of generally young healthy people into coverage would be indeed beneficial. It would therefore be foolish and against America’s best interests to prevent immigrants from paying a fair share of their health care coverage.l

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES


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WELCOME TO AMERICA

How to Manage Money When You're Between Jobs

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hough the U.S. economy has been gradually improving, job changes —both involuntary and voluntary —remain a fact of American working life. "It's also a fact that bills need to be paid whether you're employed or not," says J.J. Montanaro, a certified financial planner. To help you cover expenses and protect your finances as you transition from one job to the next, Montanaro offers these tips.

1. Decide how to collect your final pay If leaving your job wasn't your idea, your employer may provide a severance package to ease the financial pain. Amounts vary, but one or two weeks of salary for each year you've worked at the company is typical. If you're given a choice of a lump sum or a stream of payments, consider these factors: nBenefits. If employee benefits (health care, life insurance, long-term care) continue as long as you're receiving payments, you may want to take the option that prolongs them. nYour financial discipline. Afraid you might squander a lump sum? If your severance payment provides enough cash to justify dividing it up, choosing periodic payments will help keep you in paycheck mode.

2. File for unemployment benefits If your employer let you go — provided

you weren't fired for misconduct — you'll probably qualify for unemployment benefits. If you quit, usually you can collect benefits only if you left for "good cause," which generally means there was a problem at work or personal situation so difficult that you had no alternative. If you think you're eligible, don't procrastinate. It may take two to three weeks to process your claim, so contact your state's unemployment office pronto. While each state's program varies, you can generally count on benefits to last 26 weeks, with federally funded emergency unemployment benefits extending up to 73 weeks in some states. Benefits are based on your income and how long you were employed. If you separated from the military under honorable conditions, you may also be

able to claim unemployment benefits through your state of residency. Check with your state department of labor to get the lowdown.

3. Reduce your spending If your decision to leave was involuntary and your next employment is an unknown, it's important to preserve your cash while you're out of work; this can require a topto-bottom examination of where your money goes. "This exercise can help keep you afloat today and be an engine for paying off debt and saving once the paychecks start again," Montanaro says. Put off bigticket purchases and reduce discretionary expenses as much as possible. 4. Strengthen your emergency fund Use your severance pay, unemployment

benefits and any money you can save to build a cash stockpile. Keep enough money in a savings account to pay at least three to six months' expenses. For a higher interest rate on the rest of your cash, build a short CD ladder or open a variable rate CD. Be careful not to lock away money that you'll need. If you served in the military and made tax-free contributions to the Thrift Savings Plan, you may be able to tap into that money without the taxes and penalties associated with most retirement money.

5. Avoid cleaning your financial slate While you may be tempted to use your severance or other assets to pay off your car, credit cards or other debt, you may be better off making only the required or minimal payments. This strategy can stretch your cash and help you meet living expenses in case a new job isn't right around the corner.

6. Review your health insurance options At most companies, federal law allows you to keep your employer-provided health insurance for up to 18 months. Prepare for a shock: You will be responsible for the entire premium — what you paid, plus any amount your employer paid. 7. Protect your retirement If you have a 401(k) or other employer retirement plan, avoid the temptation to cash it out when you leave. In addition to jeopardizing your security when you retire, you could pay a steep price in the form of income taxes and penalties. Instead, roll the money over to an IRA or leave it in the employer plan.l(BPT)

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VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

1105 Nostrand Avenue Brooklyn, NY 11225 Tel: 718-363-7788


COMPREHENSIVE IMMIGRATION REFORM (CIR)

Summary of the Proposed Senate Bill for CIR

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djustment of Status to Registered Provisional Immigrant Status: Individuals in unlawful status may apply to adjust their status to the legal status of Registered Provisional Immigrant (RPI) status.

Gang of Eight Senators. From left to right: Democrats Chuck Schumer (NY), Dick Durbin (IL), Bob Menendez (NJ), and Michael Bennet (CO); and Republicans John McCain (AZ), Marco Rubio (FL), Lindsey Graham (SC), and Jeff Flake (AZ)

Eligibility Criteria:

nResidence in the United States prior to

December 31, 2011 and maintenance of continuous physical presence since then. n Paid a $500 penalty fee (except for DREAM Act eligible students), and assessed taxes, per adult applicant in addition to all applicable fees required to pay for the cost of processing the application. Ineligible if:

nConvicted of an aggravated felony; nConvicted of a felony; nConvicted of 3 or more misdemeanors; nConvicted of an offense under foreign law; n Unlawfully Voted; and n Inadmissible for Criminal, National Security, Public Health, or other morality grounds.

* Spouses and children of people in RPI status can be petitioned for as derivatives of the principal applicant (but must be in the United States at the time).

* Immigrants in RPI status can work for any employer and travel outside of the United States * Individuals outside of the United States who were previously here before December

31, 2011 and were deported for non-criminal reasons can apply to re-enter the United States in RPI status if they are the spouse, of or parent of a child who is a United States citizen or lawful permanent resident; or are a childhood arrival who is eligible for the DREAM Act.

* The Application period will be for 1 year with the possibility of extension by the Secretary for an additional 1 year.

* Individuals with removal orders will be permitted to apply as will aliens currently in removal proceedings.

*RPI status shall last for a 6-year term that is renewable if the immigrant does not commit any acts that would render the alien deportable. Another $500 penalty fee is applicable at this time.

status in an amount that is sufficient to recover all of the costs of implementing the registration program.

* An individual who has been granted RPI status is not eligible for any Federal meanstested public benefit (as such term is defined in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).

* A noncitizen granted registered provisional immigrant status under this section shall be considered lawfully present in the United States for all purposes, while such noncitizen remains in such status, except that the noncitizen: nis not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986; and nshall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). * After 10 years, aliens in RPI status may adjust to Lawful Permanent Resident Status through the same Merit Based System everyone else must use to earn a green card if the following things have occurred: nThe alien maintained continuous physical presence nThey paid all taxes owed during the peri-

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* The Secretary may collect a processing fee from individuals who register for RPI

Topics:

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continued on the next page

Leadership & PR Boot Camp Training for Leaders & Staff

Designing a Faith-Based Operaional Plan The Organizational Plan (similar to the Business Plan) Non-profit Status & Tax Exemption Church Administration Software The Executive Pastor Building Your Congregation Faith-based Marketing Building Your Congregation Legal Tax & Accounting Online Presence & An Introduction to Social Media Financing a Faith-Based Money Sources: Traditional & Non-Traditional Loan Preparation Love Gifts, Estate Planning & Wills Personal Credit & Your Organization’s Future Picture This... Your Community Success Starting a Soup Kitchen Grants - Federal & State Going Global - Immigration Issues Be Healthy, Be Well

Hosea 4:6 - My people are destroyed for lack of knowledge

For registration and details, visit www.mynacc.org Call 718-722-9217

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9

COMPREHENSIVE IMMIGRATION REFORM (CIR) continued from the previous page

od that they are in status as an RPI nThey worked in the United States regularly; nAnd demonstrated knowledge of Civics and English

* All people currently waiting for family and employment green cards as of the date of enactment have had their priority date become current. nA $1,000 penalty fee is rendered * People in DREAM Act Status and the Agricultural Program can get their green cards in 5 years and DREAM Act kids will be eligible for citizenship immediately after they get their green cards. Legal Immigration Summary

nThe bill eliminates the backlog for family and employment-based immigrants

Currently, there are four preference categories based on family relationships and 480,000 visas are allocated to families. Under the new system there will be two family preference categories and they will cover unmarried adult children; married adult children who file before age 31, and unmarried adult children of lawful permanent residents. n We are expanding the current V visa to allow individuals with an approved family petition to live in the U.S. and allow certain other family members to visit the U.S. for up to 60 days per year. nThe bill repeals the availability of immigrant visas for siblings of U.S. citizens once 18 months have elapsed since the date of

enactment. n The bill amends the definition of “immediate relative” to include a child or spouse of an alien admitted for lawful permanent residence. nThe bill amends the existing category for married sons and daughters of citizens of the United States to include only sons and daughters who are under 31 years of age. n The bill repeals the Diversity Visa Program. Aliens who were or are selected for diversity immigrant visas for fiscal years 2013 or 2014, will be eligible to receive them. n On the employment green card categories, the bill exempts the following categories from the annual numerical limits on employment-based immigrants: derivative beneficiaries of employment-based immigrants; aliens of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers; doctoral degree holders in any field; and certain physicians. n The bill then allocates 40 percent of the worldwide level of employment-based visas to : 1) members of the professions holding advanced degrees or their equivalent whose services are sought in the sciences, arts, professions, or businesses by an employer in the United States (including certain aliens with foreign medical degrees) and 2) aliens who have earned a master’s degree or higher in a field of science, technology, engineering or mathematics from an accredited U.S. institution of higher education and have an offer of employment in a related field and the qualifying degree was earned in the five years immediately before the petition was filed.

n The bill increases the percentage of

employment visas for skilled workers, professionals, and other professionals to 40 percent, maintains the percentage of employment visas for certain special immigrants to 10 percent and maintains visas for those who foster employment creation to 10 percent. n The bill creates a startup visa for foreign entrepreneurs who seek to emigrate to the United States to start-up their own companies.

* Merit Based Visa: The merit-based visa, created in the fifth year after enactment, awards points to individuals based on their education, employment, length of residence in the US and other considerations. Those individuals with the most points earn the visas. Those who access the merit based pathway to earn their visa are expected to be talented individuals, individuals in our worker programs and individuals with family here. 120,000 visas will be available per year based on merit. The number would increase by 5% per year if demand exceeds supply in any year where unemployment is under 8.5%. There will be a maximum cap of 250,000 visas.

* Under one component of this merit based system the Secretary will allocate meritbased immigrant visas beginning on October 1, 2014 for employment-based visas that have been pending for three years, family-based petitions that were filed prior to enactment and have been pending for five years, long-term alien workers and other merit based immigrant workers.

based immigrant workers includes those who have been lawfully present in the United States for not less than ten years and who are not admitted as a W visa under section 101(a)(15)(W) of the Act.

* Between fiscal years 2015 and 2021, the Secretary shall allocate a seventh of the total number of those with employment-based visas that have been pending on the date of enactment. Petitions for spouses and children of permanent residents who are accorded status under the INA are automatically converted to petitions to accord status as immediate relatives. Between fiscal years 2015 and 2021, the Secretary shall follow a specific formula to allocate visas to those with family-based petitions pending on the date of enactment and subject to some restrictions visas should be authorized in the order petitions were filed. In fiscal year 2022, the Secretary of State shall allocate visas to half the number of those that filed family-based petitions after the date of enactment and had not had a visa issued by October 2021. In fiscal year 2023, the visas should be allocated to the other half of those that filed family-based petitions after the date of enactment and who had not had a visa issued by October 2021. Visas allocated for these family-based petitions will be issued based on the order in which petitions were filed. l

The lawyer you hire does

ALL IMMIGRATION MATTERS lGET THE FACTS

lBE SMART

* Long–term alien workers and other merit-

lMAKE THE RIGHT DECISION

Call 718-222-3155

to schedule a consultation today.

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 Students uJ-1 Exchange Visitor Trainees uO-1 Extraordinary Ability uR-1 Religious Workers uU.S. Citizenship uFamily-sponsored Permanent Residence uGreen Cards/Labor Certification (RIR) uImmigration Visa Petitions:Employment Based uTemporary Work Visas uNaturalization Derivative Petitions uLabor Certifications uApplication for Asylum uPetitions for Writ of Habeas Corpus

uAppeals to the Board of Immigration Appeals

uLawsuits involving Eligibility and Processing for Citizenship

make a difference.

LAW OFFICES OF FIGEROUX & ASSOCIATES

CALL 718-834-0190 26 Court Street, Suite 701 Brooklyn, NY 11242

lPERSONAL INJURY lACCIDENTS lFAMILY LAW lPOLICE BRUTALITY lCRIMINAL LAW lCIVIL LITIGATION lBANKRUPTCY lREAL ESTATE

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BROOKLYN: 26 Court Street, Suite 701. Tel: 718-834-0190 n 1105 Nostrand Avenue. Tel: 718-363-7788

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES


COMPREHENSIVE IMMIGRATION REFORM (CIR)

President Obama to New Citizens

AILA, IJLEF Commends Senate “Gang of Eight”/ continued from page 1

continued from page 1

that anyone, anywhere, can write the next great chapter in this American story." We are so proud of everybody here. In each of you, we see the true spirit of America. And we see a bit of ourselves, too, because most of our stories trace back to moments just like this one. To an ancestor who — just like the men and women here today — raised their right hand and recited that sacred oath. And the point is that unless you are one of the first Americans, unless you are a Native American, you came from someplace else. That’s why we’ve always defined ourselves as a nation of immigrants. And we’ve always been better off for it. The promise we see in those who come from all over the world is one of our greatest strengths. It’s kept our workforce young. It keeps our businesses on the cutting edge. It’s helped to build the greatest economic engine that the world

Photo: White House

has ever known. "Immigration makes us stronger," the President said. "And if we want to keep attracting the best and the brightest that the world has to offer, then we need to do a better job of welcoming them." "After avoiding the problem for years, the time has come to fix it once and for all," he said. "The time has come for a comprehensive, sensible immigration reform" No other country on Earth welcomes as many new arrivals as we do, he said. "And as long as the promise of America endures, as long as we continue to stand tall as a beacon of hope and opportunity, then the world’s hardest workers, the hungriest entrepreneurs, the men and women who are willing to make enormous sacrifices to get a better life -- not just for themselves but for their children and their grandchildren, they're going to keep on coming." l

that will meet the needs of the U.S. economy, businesses, and families, and integrate into our society aspiring Americans who work hard and want only a better life for themselves and their families. In many ways, the language contained in the 844 page legislation reflects key issues AILA sees as necessary to any successful immigration reform, such as border and interior enforcement, legalization, backlog reduction, asylum, family unification, and both current and future business needs. "Is it perfect? No compromise measure ever is. Is it a good bill? Yes, for the most part it is, and perhaps it is even a great bill in some respects. We do see some further changes that are desirable, and as we delve more deeply into the details, I'm sure we'll find some needed tweaks. But as a framework for reform, this is closer than we've come in years to meaningful change," said AILA President Laura Lichter. She continued, "This bill does not shy away from addressing the difficult issues embedded in current immigration policy. It's a good start, and I hope that by continuing to work across the aisle, the Senate can pass a bill that will meet our nation's needs and the House will follow suit." The Immigrant’s Journal Legal & Educational Fund, Inc, a 501 (c)(3) nonprofit, has been advocating for immigrants generally, and comprehensive immigration reform, in particular, for

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over 10 years through it’s radio programs, free publications and immigration seminars, support and participation in marches, visits to Washington and weekly free citizenship drive. Brian Figeroux, Legal Adviser of the Immigrant’s Journal Legal & Educational Fund, Inc., (Journal) on the announcement of the Border Security, Economic Opportunity, and Immigration Modernization Act by the Senate’s Gang of Eight said: “The bipartisan immigration bill presented by the Senate’s Gang of Eight offers a commonsense approach to fixing our outdated immigration system. The Journal, volunteers and membership recognizes that not all parties involved will get everything they want from the final outcome. This bill, however, shows that the members of the Gang of Eight recognize that immigration reform is an economic imperative for our country. We at the Journal are particularly concerned about the issues of family reunifications and waivers for immigrants with criminal records. We believe that a focus on family reunification legislation will lead to less illegal immigration. Today’s introduction is a major step in the right direction and shows that the need to pass comprehensive immigration reform is more urgent than ever.” l Visit www.ijlef.org

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES


COMPREHENSIVE IMMIGRATION REFORM (CIR)

11

Legalization on the Horizon/continued from page 1

tional five years to implement more stringent measures. And these enforcement measures must be substantially complete before the legalization provisions of the bill can kick in.

Interior Enforcement: In addition to border enforcement, the bill requires U.S. companies to implement the “E-Verify” system within five years to ensure that workers are legal residents. As part of the system, all non-citizens will have to show their “biometric work authorization card” or “biometric green card.” It will also establish due process requirements so that legal workers are not prevented from working due to system errors or employer negligence or misconduct. Additionally, the government will have to set up an exit/entry system to track if foreign visitors or workers overstay their visas.

Legal Immigration Reform: The legislation commits significant resources to backlog reduction for existing visa categories and expands uncapped visas available to spouses and children of permanent legal residents as well as spouses and children of persons receiving employment-based lawful permanent resident status. After 18 months, the sibling category for familybased immigration would be eliminated and the adult married children category would be limited to those 30 and under. A new merit-based program that includes points for family relationships, years working in the U.S., and education would begin in 2015. This merit- based program would exist in addition to family-and-employment-based categories. New allocations and exemptions will be available for high-skilled workers in science, technology, engineering, or mathematics (STEM) fields.

Diagrammed by Ritchie King via National Institute for Latino Policy

Work Visas: The Senate proposal overhauls existing temporary worker programs and creates a new W visa that provides a new mechanism for hiring foreign labor. For temporary H-1B visas, the bill nearly doubles the base number of visas from 65,000 to 110,000, and in the future, it could rise to as high as 180,000, depending on demand. Employers will have to pay higher wages for H-1B workers, pay additional fees, and show that they actively recruit U.S. workers for a particular position. Current undocumented farmworkers will be able to obtain legal status through an Agricultural Card Program, and starting in 2015, the bill creates a new guest worker “W-visa” for 20,000 immigrants in low-skilled jobs. The number of W visas could rise to 75,000 in 2019. A new federal bureau will be established to analyze employment data and make recommendations for a yearly cap on the number of guest workers. Even the early outline provided to reporters appears to have significant gaps and many reports suggest that the bill contains additional other provisions that will have to be analyzed carefully. These tantalizing new details, however, suggest that the months of negotiation have produced a bill that offers solutions to multiple elements of the broken system. It is also clear that it is the beginning of a highly energetic debate. The broken immigration system that the U.S. has had for the past two decades is in dire need of deep and precise reforms. Instead of continuing with the same dysfunctional policies, this Senate proposal strikes a delicate balance between a diverse cross section of stakeholders and impacted constituencies to offer a solution.l

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES


BUSINESS & FINANCE

Success Begins June 20 at NACC Multicultural Business Expo

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BY MARILYN SILVERMAN

rooklyn, NY: The New American Chamber of Commerce (NACC), established in October 2005, is having its Annual Multicultural Business Expo on Thursday, June 20, 2013, at the New York Marriott at the Brooklyn Bridge, 333 Adams Street, Downtown Brooklyn. All businesses, chambers, entrepreneurs, budding and current of all ages, professionals, non-profit organizations and youth accompanied by their parents or an adult are invited to this oneday, business-to-business, empowering and networking event. This Expo is produced in partnership with the AfricanAmerican Chamber of Commerce (AAICC). The day starts off at 7:30am with a Welcome VIP Breakfast where attendees can hear from, meet and mingle with top business experts. Space is limited and tickets cost $50.00. As a partner with the AAICC and NACC, foreign Chambers of Commerce are invited to join us for the upcoming International Chamber Partnership Initiative &  Business Leadership Certificate Program with an emphasis on “Doing Business In and With New York City and State”. During this two-day

workshop, at the Brooklyn Marriott and NACC’s headquaters, Downtown Brooklyn, from NACC, AAICC, the SBA and representatives from state and local governments will guide you through topics that will prepare you for doing business in New York and also locating business partners for international investments. For more information, visit www.mynacc.org. June is Caribbean-American Heritage Month as well as the Juneteenth commemoration date – June 19, 1865. This Expo is a celebration of multiculturalism, empowerment and achievement

which all minority communities can be part of. During the day, attendees will have the opportunity to network with other businesses and share information about their products and services as well as attend FREE educational seminars and workshops. These include a small business boot camp series, a full day with top business authors and more. For registration and more information, please visit www.mynacc.org. We are making a special plea to youth to attend. Parents, guardians and family

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members, please come with your daughter, son, niece, nephew, granddaughter, grandson, cousin, and neighbor’s kid(s). We need our young people to plant the seed of entrepreneurship in our young people; and to think as employers, not employees. Too many of our youth are unemployed, graduating from college with a degree and no hope for employment or gainful employment. There’s going to be a special seminar, I’m Going to College to Start a Business, Not Get a Job. The day culminates with a Cocktail Reception Awards. Tickets cost $50.00 and can be purchased at www.mynacc.org. Success starts on Thursday, June 20, 2013. It’s one day, one location, endless opportunities. What you will learn is secrets and strategies for success. You can and will realize your entrepreneurial dreams, and grow and take your business to new heights. Don’t miss this opportunity. Don’t miss out on this event. Register to attend at www.mynacc.org. It’s FREE. Sponsorship and exhibiting opportunities are still available. Call 718722-9217 ext 112. Listen to the NACC Empowerment Hour every Saturday at 2pm on www.diasporaradio.com.l

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES


VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES


LOVE & RELATIONSHIPS

Relationship Playbook: Rules to Live By

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the time. But, neither should you constantly be the one sacrificing everything you want or need. Be prepared to negotiate terms that meet in the middle. Negotiations can be about small issues, like what’s for dinner, or major issues, like where you will live.

BY JENNINE ESTES

elationships are forever evolving, and every relationship is unique to itself. Each relationship you have in your life will be different in some way from any other relationship. Still, there are some basic rules to live by when it comes to relationships. Are you looking for some tenets to follow in your relationship? Here is a mini-playbook of sorts. It doesn’t include everything you need to know for a healthy relationship, but it’s a good start.

1. Choose a partner with care. Choosing the right partner from the start is a make or break when it comes to being happy with your romantic life. Don’t date someone just so you’re not alone, and definitely don’t get married to avoid being lonely! Pay attention to someone’s character, not just your infatuation or first impression. Are your morals wildly at odds with each other? Chances are, things will only stay complicated.

2. Speak up about your needs. One major predictor of how happy your relationship will be is how willing you are to speak up when you need something. Chances are you can’t read minds, and neither can your partner, so you need to say something when your needs aren’t

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5. Know about ebbs and flows. Every relationship will have good days and bad days, and maybe even good months and bad months. If you expect everything to be rosy all the time you are setting yourself up for failure. Don’t walk away at the first sign of trouble — stay and fight for the relationship.

being met. Whether it’s your sex life, getting enough attention, or how much time you spend with extended family — it’s important to have a secure enough bond that you can be honest with each other about the stuff that bothers you. If you let things fester, the issue will only build until it’s blow out of proportion. 3. Avoid assumptions. If you’re always assuming the worst about your partner,

feelings will continue to get hurt. Don’t make assumptions about your other half, especially negative ones. Ask about the intentions behind his or her actions instead of assuming the motive was to hurt you. Think twice before you make accusations — when in doubt, ask questions before you point fingers.

4. Become a negotiator. In order to have a successful relationship, you need to accept that you won’t get your way all

6. Take care of yourself and your own self-esteem. If you feel insecure about yourself, it will come out in your relationship. You are more likely to become jealous or project your own issues onto your partner. Take care of your health, both physical and emotional, so that you can be a better partner.l

Jennine Estes is a licensed marriage and family counselor living in San Diego, CA. She has appeared in both local and national media and specializes in all areas of relationships; singlehood, dating issues, conflicting couples, affairs, communication struggles, etc. Visit her website at www.estestherapy.com

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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SPOUSAL PETITIONS

Remove Conditions on Permanent Residence Based on Marriage

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our permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.

Eligibility Criteria Generally, you may apply to remove your conditions on permanent residence if: nYou are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days)

nYou are a child and cannot be included in the application of your parents for a valid reason

nYou are a widow or widower of a marriage that was entered into in good faith

nYou entered into a marriage in good faith, but the marriage was ended through divorce or annulment

nYou entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse

nThe termination of your conditional resident status would cause extreme hardship to you How to Apply to Remove the Conditions You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country. If You Are No Longer Married to Your Spouse or if You Have Been Battered or Abused by Your Spouse If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional

resident, but before you are removed from the country.

Your Child’s Conditional Green Card If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate I-751 application if your child received conditional resident status more than 90 days after you did.

If You Are Late In Applying to Remove the Conditions on Residence If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:

nYour conditional resident status will automatically be terminated and we will begin removal proceedings against you

nYou will receive a notice from us telling you that you have failed to remove the conditions

nYou will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we

are not responsible for proving that you did not comply with the requirements)

The Form I-751 can be filed after the 90day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status. How to Get a Waiver of the Requirement to File a Joint Petition If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

nYou may request a waiver of the joint petitioning requirements if:

nYour deportation or removal would result in extreme hardship

nYou entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition

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You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition l Source: uscis.gov

Disclaimer: This article is for informational purposes only. You should not use this to replace the advice of an attorney. Please consult with an immigration attorney for legal advice based on your circumstances.

Editor’s Note: In our next issue we will look at: Removing Conditions on Permanent Residence Based on Marriage if you are in divorce proceedings but are not yet divorced, work permit, interview and how to appeal.

The lawyer you hire does make a difference. Call 718-222-3155 to schedule a consultation today.

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

uSeparation & Prenuptial Agreements

Has your spouse disappeared? We can find your spouse!

Matrimonial Investigations

u Business & Degree Evaluations

u Spousal Maintenance u Custody/Visitation

uBank & Asset Searches

uRelocation

uAlimony Reduction

uWire Transfers

u Paternity

uChild Support

uCo-habitation

uAbuse/Neglect

Investigation

uRestraining &

Protective Orders

uModification of Previous Orders & Awards

uDivorce/Dating/Fraud

LAW OFFICES OF FIGEROUX & ASSOCIATES BROOKLYN: 26 Court Street, Suite 701. Tel: 718-834-0190 n 1105 Nostrand Avenue. Tel: 718-363-7788

VISIT OUR WEBSITE WWW.IJLEF.ORG FOR MORE IMMIGRATION NEWS & UPDATES

uInternet Dating/Fraud uVideo Surveillance


KNOW YOUR RIGHTS

16

Immigration Services Fraud

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ur diversity as New Yorkers has been a longstanding source of pride. The Manhattan District Attorney’s Office’s Immigrant Affairs Program is committed to bringing individuals who victimize diverse communities to justice, including those who target and steal from immigrants through a variety of fraudulent schemes. A few recent cases include: nIn September, a phony lawyer, Jose Barrera, was indicted for defrauding three women seeking divorces by placing ads in local publications, including a Spanish-language newspaper.

nIn August, Jose Delvalle, a former garage attendant, was indicted for defrauding two of his immigrant coworkers. Delvalle promised to help them obtain green cards, falsely claiming that he had a contact who worked for immigration authorities who was capable of helping them.

nThat same month, Francisco Gautraux Calcano pleaded guilty to Grand Larceny and Scheme to Defraud for stealing funds that were given to him for the transportation of donated utility vehicles to charitable organizations in the Dominican Republic.

nIn June, Hit Shrestha pleaded guilty for defrauding Nepalese nationals of thou-

sands of dollars by falsely promising her victims that she would arrange for their family members to immigrate to the United States, and charging her victims large fees for the service.

handle matters.

Our Immigrant Affairs Program provides a safety net for a community whose members may fear cooperating with law enforcement because of their immigration status. We operate a hotline (212-335-3600) that fields complaints from members of the public who believe they may have fallen victim to a crime. The majority of the complaints received by the District Attorney’s Office pertain to individuals who represent themselves as attorneys, immigration consultants, or who provide legal advice when they are not licensed or authorized to do so. Since its formation in 2007, the Immigrant Affairs Program has handled more than 2,500 complaints. Victims who call the District Attorney’s Office can do so regardless of their immigration status, as it is the practice of the Manhattan District Attorney’s Office to protect the

nAsk the following questions: What are your credentials? In what state are you licensed? Since when? How many years of experience do you have in the field?

Beware the promises of Notarios! Immigration Reform Hasn’t Happened Yet.

nObtain the full name, address and telephone numbers of the person hired. In cases of fraud, having the person’s full name and contact information will make it easier to locate the accused and to investigate claims of fraud.

nAlso in June, Jennifer Lam was sentenced to nine months in jail after pleading guilty to falsely representing herself as an attorney capable of filing green card applications. She was ordered to return the full amount she stole from a Chinese national.

NotarioFraud.org

STOP because while there is a lot of excitement around immigration reform, the truth is that no new law has been passed. Do not believe notarios and other unauthorized consultants who say there is a new law in order to steal your money. WAIT until real reform is enacted, hopefully later this year. The wrong help can harm your chances of becoming a lawful resident or citizen. TALK to a qualified immigration attorney, ASK questions, and REPORT notarios who are trying to take advantage of you or your family. For more information go to www.stopnotariofraud.org.

AMERICAN IMMIGRATION LAWYERS ASSOCIATION

immigration

Manhattan DA, Hon. Cyrus Vance, Jr

integrity of victims and not report their immigration status to the federal government. The Manhattan DA’s Immigrant Affairs Program routinely gives presentations to community groups and organizations on how to detect, prevent, and report fraud. In July, the Office hosted representatives from the Coalition of Latin American Consuls in New York (CLACNY), an organization comprised of the consuls of 17 Latin American countries. In August, the DA’s Office issued a warning to immigrant communities to be on guard against scam artists looking to take advantage of individuals who are requesting consideration under the federal government’s “Deferred Action for Childhood Arrivals” policy. Under the federal government’s new policy, certain individuals who entered the United States as children can now apply to remain in and work in the country without fear of removal for at least two years. For more information about the program, visit the U.S. Citizenship and Immigration Services’ website or New York City’s website. Individuals submitting a Deferred Action application can protect themselves from scam artists with the help of the following tips: nLawyers or those otherwise accredited by the Bureau of Immigration Appeals (BIA) are the only people authorized to provide legal advice and qualified to

nConfirm that the person is licensed or BIAaccredited. To confirm whether an individual is a licensed attorney, contact the New York State Unified Court System’s Attorney Registration Unit at 212-4282800, or go to the following website: http://iapps.courts.state.ny.us/attorney/A ttorneySearch For the BIA’s list of recognized organizations and accredited representatives, go to: www.usdoj.gov/eoir. Select “EOIR Legal Orientation and Pro Bono Program,” and then select “Recognition & Accreditation.” Make sure that all information on the application is true and correct. nDo not sign blank documents or paperwork that have not been explained to you.

nObtain a written contract detailing the fees and services to be provided. nMake sure to get a written receipt for any funds paid. If possible, use money orders, which are a more secure way to pay for services.

People and businesses who are NOT authorized to provide legal advice about immigration include: nImmigration Consultants nTravel agencies nNotary publics nTax preparation businessesl Source: manhattanda.com

The lawyer you hire does make a difference. Call 718-222-3155 to schedule a consultation today.

Brian Figeroux, Esq., Member AILA

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CIVIL RIGHTS

Linda Brown/

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These parents filed suit against the Topeka Board of Education for their children. Oliver Brown was the first parent listed in the lawsuit, so the case was named after him. At the time of the lawsuit, Blacks everywhere were not treated fairly. For every $150.00 spent on white children at the "white schools" only $50.00 was spent on African American children at the "black schools." The parents of the African American children thought that their school was not treated as fairly because they were colored. They did not have the most current textbooks, not enough school supplies, and overcrowded classrooms. After Oliver was turned down by the school, he went to the NAACP (National Association for the Advancement of Colored People) to fight to get Linda in the school. The NAACP hired lawyers to fight for African American children all around the United States to be able to go to the same schools as white children. This case was lost at the state level. The state courts referred to the case of Plessy v. Ferguson which allowed separate but equal school systems for black and white children. Since no court had ever overturned this case, the state courts thought there was no problem treating the black children that way. The state courts also stated that by treating the African American students like that now, they would better accept when they were

treated like that when they were older. This was a time when black people of all ages were treated like they were a lower class or segregated. They were unable to eat in the same restaurants, drink from the same drinking fountains, or even ride in the same train cars as white people.

Taking the Case to the Supreme Court After losing the case in the state courts, the NAACP decided to take the case all the way to the United States Supreme Court. They appealed to the Supreme Court on October 1, 1951. At that time there were several cases in the United States similar to this one, cases that challenged separate schools for black and white students. They were started in the states of South Carolina, Virginia, and Delaware. They were all joined together to be fought as one. The Supreme Court first heard from the lawyers on December 9, 1952. The lawyers for the Board of Education argued that many people, including black scholars, did not see a problem with having black students attend all-black schools. The lawyers for the Browns argued that the only reason for separate education for Blacks and Whites would be if there was proof that black children were different than everyone else. The arguments lasted for three days and the Supreme Court justices talked it over for several months. At that time instead of ruling, they asked the lawyers on both sides some more questions. In the middle of this set of questions, one of the Supreme Court justices

died and had to be replaced. A year after the first arguments were heard, the Supreme Court heard the case once again. After three long years, the case finally ended on May 17, 1954 with the court finding in favor of Linda Brown and the other African American children like her. The Supreme Court said that it was not fair to have black and white students separated in different schools. The judges voted on this case nine to zero. It took some states many years to put students together in schools and have them treated the same because many people were still prejudiced against Blacks. Brown v. Board Timeline 1950 The parents of black students try to enroll them in the local "white schools."

1951 The suit is started by Oliver Brown and other parents.

1952 The Supreme Court first heard from the lawyers.

1952 One justice died and had to be replaced.

1954 The case ends in favor of Linda Brown and the other Blacks near her. l Source: www.thinkquest.com

Civil and Human Rights Coalition Welcomes Immigration Bill, Urges Congress to “Strike the Right Balance”

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ashington, D.C.: The Leadership Conference on Civil and Human Rights welcomes the Senate “Gang of Eight’s” major step forward in the effort to tackle one of our nation’s most difficult and pressing issues. While immigration policy is incredibly complex, and we will continue analyzing the bill in the days to come, we are very glad to see the process is moving again. Among other things, we are encouraged that the bill would eventually put undocumented immigrants on the road to citizenship, addresses the use of racial profiling, and promotes alternatives to cruel and expensive detention policies. Other aspects of the bill, however, are more troubling. We know that any major legislative effort involves a lot of compromise, and we will work with Congress in the coming months to make sure it strikes the right balance. It has been six years since Congress last brought up comprehensive legislation. Our nation’s immigrants and our economy have waited long enough.l

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IMMIGRANT CONCERNS

The Mental Health Needs of Immigrants

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ome recent immigrants face difficulty adjusting to their new home in the United States for a host of reasons, including coping with trauma experienced in their native country, overcoming cultural and language barriers, and encountering discrimination. The effects of immigration on psychological and social well-being are especially profound for certain populations, including children, women, individuals with disabilities, and those with limited financial resources. Despite the critical need for mental health services, immigrants face significant obstacles to receiving quality mental health care.

Findings Many immigrants experienced traumatic circumstances in their native country, including extreme poverty, human trafficking, exposure to war, and natural disasters. For instance, the U.S. Department of State's 2003 Trafficking in Persons Report revealed that the practice of human trafficking exposed women and children to rape, torture, HIV/AIDS and other sexually transmitted and infectious diseases. Many immigrants have difficulty acculturating to their new environments in the U.S., which is exacerbated by experiences with prejudice and discrimination. Acculturation, the process through which immigrants adapt to the

culture and institutional systems of their new country, transcends all aspects of their lives (e.g., school, work, and community life). To support their families, immigrants are often forced to take jobs in manual labor, even though they may have the training and education for professional jobs. Thus, many immigrants cannot sustain their former economic and social status, which can lead to psychological distress. Learning and academic success can be challenging for children and adolescents when the curriculum and teaching methods of the U.S. differ from those in their native country. Also, many immigrant youth whose parents are migrant farm laborers often leave school to join their parents in the workforce, causing frequent disruption in their education and potential emotional and behavioral problems. Immigrants may feel torn about where to draw the line between fitting into American society and into their own ethnic community, and preserving their original way of life. Children and adolescents often acculturate more quickly than their parents, which can lead to significant family conflicts and lack of family cohesion. Feelings of isolation often emerge with family conflict and the struggle to develop a tight social network.

Exposure to traumatic conditions, coupled with difficulties in acculturation, can lead to severe and long-lasting psychological and behavioral problems, including depression, anxiety, posttraumatic stress disorder, and a high risk for suicide. Access to quality culturally and linguistically appropriate mental health services is critical for immigrant populations. The U.S. Department of Health and Human Services asserts the need to develop multiple health and mental health treatment approaches addressing the needs of diverse, multicultural and multilingual populations. Immigrants have less access to, and lower utilization of, mental health services. Immigrants face many barriers to receiving care, including financial difficulties, the lack of culturally—and linguistically—appropriate services, and mistrust of mental health providers. The rate of uninsurance for foreign-born children under the age of 18 is 36.8 percent, more than triple the rates for U.S. citizen children. Medicaid and State Children's Health Insurance Program (SCHIP) play an important role in providing health insurance coverage for low-income immigrants. However, federal legislation restricts many immigrants, particularly recent immigrants, from qualifying for critically important services. Immigrants,

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including pregnant women and children, arriving after August 22, 1996, are restricted from federally-funded health care coverage for their first five years in the U.S.

Recommendations The American Psychological Association strongly recommends: nComprehensive, coordinated, and continuous health and mental health services for immigrant populations. nDevelopment of culturally and linguistically competent programs and services for immigrants. nEnactment of the Immigrant Children's Health Improvement Act, which would: Allow states to lift the five-year ban for children and pregnant women who arrived in the U.S. after August 22, 1996; Give states the option of providing health coverage to eligible, lawfully present, pregnant women under Medicaid and children under either Medicaid or the SCHIP. nCultural competence training for service providers and efforts to increase the members of ethnic minority mental health professionals and those fluent in diverse language.l Source: American Psychological Association. Visit www.apa.org

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IMMIGRANT CONCERNS

Federal Judge Rules in Favor of Immigrant Marriage Equality: DOMA Unconstitutional as Applied to Immigrants!

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os Angeles, CA: On Friday April 19, 2013, Federal Judge Consuelo Marshall in Los Angeles ruled that United States Immigration and Citizenship Services denied Jane DeLeon, an immigrant in a same sex marriage with a U.S. citizen, equal protection of the law when it refused to recognize her marriage as a lawful and legitimate basis to confer immigration benefits. “This Court finds that the broad distinction created by DOMA § 3 is not rationally related to Congress’ interest in a uniform federal definition of marriage.” The court decided that “State law traditionally governs marriage recognition,” and DOMA had disrupted the “long-standing practice of the federal government deferring to each state’s decisions as to the requirements for a valid marriage.” In so ruling, the court also ruled that a precedent case issued by the U.S. Court of Appeals in the Ninth Circuit in 1982, Adams v. Howerton, which held that denying immigration benefits to samesex couples did not violate equal protection, has been superseded by "intervening statutory and policy changes," and is therefore no longer binding precedent.

The court certified the lawsuit as a nationwide class action on behalf of "all members of lawful same-sex marriages who have been denied or will be denied lawful [immigration] status or related benefits" pursuant to § 3 of the Defense of Marriage Act. Ms. DeLeon had also applied for a preliminary injunction requiring CIS to issue class members interim work permits. Judge Marshall, however, declined to issue a preliminary injunction at this time, finding that the possibility of class members' having deportation deferred pursuant to DHS's "Morton Memo" might protect the class adequately until a final judgment is issued in the case. We continue to believe the Morton Memo affords class members inadequate protection because it does not grant people work permits and because it does not

stop the clock running on the accrual of "unauthorized presence" triggering 3and 10-year bars to immigrants' obtaining lawful admission to the United States. We plan to request summary judgment (final judgment) now that Judge Marshall has made clear that DOMA § 3 is unconstitutional as applied to deny immigration benefits. We hope this brings about prompt and efficient protections and remedies for immigrants in same sex marriages. However, we remain concerned that immigrant members of same-sex marriages will suffer needlessly in the interim. Accordingly, if it comes to our attention that U.S. citizens and immigrants in same sex marriages are now facing needless hardship because their applications and petitions for immigration benefits are not being approved, we are prepared to

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ask the court again to issue a preliminary injunction, and we believe that effort would stand a reasonable chance of securing interim work permits and stopping the clock on unauthorized presence towards the 3- and 10-year bars to admission for immigrant members of same-sex marriages. In order to assist class members, we would like to receive information on the following: nCases in which CIS, ICE or an Immigration Court denied an immigration application or petition based on DOMA, particularly after October 2012, when, defendants told the court, they stopped issuing denials of same-sex couples immigration applications.

nCases in which U.S. citizens or immigrants in same sex marriages with immigration petitions or applications pending are facing clear hardships (lack of work permit, inability to travel, Government refusal to suspend deportation proceedings, etc.).l Source: Center for Human Rights and Constitutional Law

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HEALTH MATTERS

A Mother's Heartfelt Account of Managing High Blood Pressure

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igh blood pressure (HBP) is a serious condition that can lead to coronary heart disease, heart failure, stroke, kidney failure and other health problems. "Blood pressure" is the force of blood pushing against the walls of the arteries as the heart pumps blood. If this pressure rises and stays high over time, it can damage the body in many ways.

Overview About 1 in 3 adults in the United States has HBP. The condition itself usually has no signs or symptoms. You can have it for years without knowing it. During this time, though, HBP can damage your heart, blood vessels, kidneys, and other parts of your body. Knowing your blood pressure numbers is important, even when you're feeling fine. If your blood pressure is normal, you can work with your health care team to keep it that way. If your blood pressure is too high, treatment may help prevent damage to your body's organs.

Blood Pressure Numbers Blood pressure is measured as systolic (sis-TOL-ik) and diastolic (di-ah-STOLik) pressures. "Systolic" refers to blood pressure when the heart beats while pumping blood. "Diastolic" refers to blood pressure when the heart is at rest

between beats. You most often will see blood pressure numbers written with the systolic number above or before the diastolic number, such as 120/80 mmHg. (The mmHg is millimeters of mercury—the units used to measure blood pressure.) Blood pressure doesn't stay the same all the time. It lowers as you sleep and rises when you wake up. Blood pressure also rises when you're excited, nervous, or active. If your numbers stay above normal most of the time, you're at risk for health problems. The risk grows as blood pressure numbers rise. "Prehypertension" means you may end up with HBP, unless you take steps to prevent it. If you're being treated for HBP and have repeat readings in the normal range, your blood pressure is under control. However, you still have the condition. You should see your doctor and follow your treatment plan to keep your blood pressure under control.

A Mother’s Heartfelt Account When Latoya, a writer, administrative accounting assistant, wife and mother of six, was diagnosed with hypertension, she was surprised. “I thought high blood pressure is something only the elderly get,” reflects Latoya. “I didn’t know hypertension may lead to heart attack and stroke."

Importance of Managing High Blood Pressure Latoya is just one of the roughly 67 million U.S. adults with hypertension, or high blood pressure. High blood pressure — which typically has no symptoms — is a chronic medical condition in which blood pressure is elevated to levels of 140/90 mm Hg or greater.

“Blood pressure drops of even modest amounts may reduce the risk of heart attack and stroke,” says Dr. Ana Stankovic, MD, FACP, FASN, a board certified nephrologist, clinical hypertension specialist and fellow of the American Society of Nephrology who practices medicine in southern New Hampshire. The good news is that high blood pressure can be managed. Lifestyle changes as part of a treatment plan may help reduce high blood pressure. Doctors generally

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recommend the following to help control blood pressure: •Eat a diet rich in fruits, vegetables and lowfat dairy products •Reduce salt intake •Engage in regular physical activity •Maintain a healthy body weight •Limit alcohol intake •Avoid tobacco •Take medication as prescribed

The Physician and Patient Relationship Since she was diagnosed, Latoya’s blood pressure remained high. Her physician emphasized the importance of managing her blood pressure, and together they worked to reach her goal. He suggested she make several lifestyle changes, including adjusting her diet, exercising regularly and taking medication.

Finding a Plan that Works for You While everyone responds differently to treatment and individual results may vary, after one month on medication, Latoya’s blood pressure had dropped. Since then, she has been managing her hypertension with the medication prescribed by her doctor. She continues to monitor her diet and stress level and exercises regularly. "If you have hypertension, you need to have an open mind about working with your doctor to find the right treatment plan for you,” Latoya says. “I followed my doctor’s advice. Changing my diet, exercising regularly and taking my medication are working for me.”l(BPT)

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HEALTH MATTERS

Suppress the Sneeze: Tips to Help Prep Your Home for Allergy Season

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he season of sneezing has made its annual return and that can only mean one thing for homeowners: preventative cleaning measures. Especially true for allergy and asthma sufferers, there is no better time to get a head start on prepping your home against unwanted allergens than the early weeks of spring. According to the Asthma and Allergy Foundation of America (AAFA), nearly 40 million individuals suffer from tree pollen allergies in the United States alone, the first phase of which occurs in the month of March. As pollen-potent trees begin their blossom, it becomes increasingly more challenging for homeowners to maintain a breathe-easy household atmosphere. But, in fact, it might get easier. According to a recent study conducted by Airmid Healthgroup, professional deep cleaning has been proven to be effective in removing up to 97 percent of surface allergens. Helping to eliminate allergen hot spots and triggers is made easier when following these tips: Ongoing TLC Dirt and dust can quickly add up if the proper steps aren't taken. To get the job

sider cleaning in this order: begin with air ducts, followed by upholstery and drapes, and finishing with floors.

done, vacuum heavy traffic areas two to three times a week and all other carpets at least once a week.

Keep the outdoor elements where they belong Keep windows closed and place your air conditioner on recirculate on high-allergy days or while doing yard work. These activities may churn up dirt, dust and pollen into the air which can, in turn, end up in the home.

Have a roadmap for cleaning There is a method to the madness of cleaning. Beware of feather dusters that simply push dust off surfaces into the air. Instead, try moist cloths or special dusters made to capture dust. Also, con-

Welcome an allergy-free season with a welcome mat A doormat at the entrance to a house is a proven way to reduce the amount of dirt that enters the home. However, the cleaning can't stop there. Homeowners should vacuum under indoor welcome mats and area rugs periodically to help remove any loose dirt that might be trapped.

Go with a deeper clean for spring People should maintain their homes, as they maintain their teeth — brushing every day and visiting the dentist at least twice a year. The same regular care goes for carpets. However, for those suffering from asthma and allergies, Airmid Healthgroup recommends regular vacuuming along with a professional deep cleaning every three to four months.

Let's face it, cleaning is probably the last thing on your mind when those dreadful allergy symptoms start to creep up. However, prepping your home against allergy season can be as welcome as a breath of fresh air. l

TAKE ACTION

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he Heart Truth®—a national heart disease awareness campaign for women—is sponsored by the National Heart, Lung and Blood Institute (NHLBI). The campaign's goal is to give women a personal and urgent wakeup call about their risk for heart disease. Every woman has a story to tell and the power to take action to protect her heart health. Share your story with other women on Facebook. The Heart Truth campaign offers a variety of public health resources to help educate women and health professionals about women’s heart disease. Learn more about key campaign events, activities, and resources at www.hearttruth.gov. NHLBI provides global leadership for a research, training, and education program to promote the prevention and treatment of heart, lung, and blood diseases and enhance the health of all individuals so that they can live longer and more fulfilling lives.l

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CITIZENSHIP

The Pathway to Citizenship and Immigrant Integration: What Can We Learn

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BY GUILLERMO CANTOR

s the 113th Congress engages in a historic debate on immigration reform, past attempts to overhaul immigration laws provide cautious reminders of the struggles and opportunities ahead in closing a deal on immigration policy. While the United States’ own history is critical for understanding both the shortcomings and solutions of various policy arrangements, the experience of other receiving countries in dealing with immigration and immigrant integration also constitute an invaluable source of guiding lessons. By learning what effective policy solutions have been formulated in other countries to address issues such as the regularization of their undocumented population, the integration of newcomers, and the reception of asylees, to mention just a few – the United States can better and more strategically craft immigration policy and anticipate the impact of those policy changes. This idea inspired the study “Paving the Way for Integration: The Pathways to Citizenship in France and the United States”, which was recently released. The study is part of the Migrant Integration Policy Index (MIPEX), a reference guide to assess, compare and improve integra-

tion policy in 31 countries in Europe and North America. Using over 100 policy indicators, MIPEX offers a multi-dimensional picture of the opportunities available to migrants to participant in society based on an assessment of governments’ integration policies. The results presented in the comparative report provide some interesting input for policy inspiration. In fact, France and the United States both have a lot to learn from each other’s immigration and integration policies. Among its conclusions, the report underscores that any legalization program should include a path to citizenship. “Becoming citizens changes not only how immigrants participate in society, but also how society sees them. Naturalized immigrants obtain access to equal protection, voting and political rights, and the full labor market. In Western European countries as in the United States, immigrants who have naturalized tend to be better off in life than immigrants who have not. The emerging evidence from both sides of the Atlantic usually finds them to be more often employed and participating in voting and other types of political activities, working in better jobs, living in better housing, and enjoying a better financial situation.”

Based on experience from both countries, the report also recommends that time-limited legalization programs be supplemented with ongoing legalization mechanisms that are also needed as safety valves to correct unexpected situations (e.g., the infeasibility of deportation due to the immigrant’s personal situation or the situation in her country of origin, or the existence of strong ties—including family—that link individuals without status to the host country). Unlike the United States, where policymakers have closed off most of the ongoing legalization mechanisms that act as safety valves for the legal immigration system, France has developed a balanced legalization policy including time-limited programs and ongoing mechanisms on work, family, and humanitarian grounds over the past two decades. These may be political-

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ly sound instruments to emulate on this side of the Atlantic. In order for a legalization program to be effective, moreover, the study stressed the need for countries to clearly specify the steps that lead to legalization or regularization of status and ensure that information is widely disseminated among immigrants. Evidentiary requirements should not be overly burdensome and, where discretion is exercised, it should not be used to empower officers to deny applicants who meet the statutory requirements. In the absence of these conditions, policies that instead create a long and winding road to long-term residence and citizenship may actually deprive a country of effective means to improve integration.l

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