The Immigrant’s Journal Vol. 140
Our leaders who stood for Unity & Justice
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Protecting God’s Children From Distant Lands
www.ijlef.org
June 2021
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Arleigh Louison is Dead. The Devastation of His Fraud Lives On. BY MARY CAMPBELL
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ederal law enforcement agents arrested Arleigh Louison on July 18, 2019. He was indicted in Vermont on 12 counts of making false statements and submitting over 1,800 fraudulent immigration applications to the United States Citizenship and Immigration Services (USCIS). “A federal grand jury returned a 12count indictment against Arleigh Louison, 53, of Brooklyn, New York, charging him with running an immigration fraud scheme that included the filing of false statements with the United States Citizenship and Immigration Services, including over 1,800 fraudulent applica-
The late “Untouchable” Arleigh Louison. Photo: Facebook
tions for over 1,000 petitioners within the last four years. Diplomatic Security Service (DSS) agents arrested Louison in Brooklyn, New York, and executed a federal search warrant at his office,” said the U.S. Department of Justice press release. “The indictment charges that the false statements were made in connection with Form I-360 petitions for status adjustments under the Violence Against Women Act (VAWA). In short, the indictment charges that Louison presented or caused the presentment of adjustment of status petitions containing false statements to the United States Citizenship and Immigration Services Service Center in St. Albans, Vermont claiming that the continued on page 3
Getting Your Marijuana Record Expunged BY NORMA LEWIS, LM
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here was quite a bit of excitement, relief, and joy, and a few spiffs smoked when New York legalized recreational marijuana. Several advocates and lawmakers welcomed it as one of the most progressive cannabis laws in the country. That's in part because it automatically clears the criminal records of people with certain marijuana-related offenses. "For generations, too many New Yorkers have been unfairly penalized for the use and sale of adult-use cannabis, arbitrarily arrested and jailed with harsh mandatory minimum sentences," Gov. Andrew Cuomo (D) said in a news release. "After years of tireless advocacy and extraordinarily hard
work, that time is coming to an end in New York State." To right the wrongs of our failed drug war against the sale and recreational use of cannabis sativa, also known as "marijuana", on March 31, Governor Andrew Cuomo signed The Marijuana Regulation and Taxation Act (MRTA) into law. The
law eliminates penalties for possession of less than three ounces of cannabis. Provisions in the law legalizing the personal possession of up to three ounces of cannabis and/or up-to 24 grams of concentrates for those ages 21 and older took immediate effect. The new law also establishes procedures for the automatic review and expungement of the criminal records of those with low-level cannabis convictions. Under the law, the smell of marijuana alone is no longer probable cause for a search by law enforcement. Use of cannabis in public may be subject to civil penalties. Possession of marijuana in excess of three ounces is a Class A misdemeanor and is punishable by no more than one year of imprisonment and a fine not to
exceed $1,000. Possession of marijuana in excess of 8 ounces – 16 ounces is a Class E felony and is punishable by no more than four years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 16 ounces – 10 pounds is a class D felony and is punishable by no more than seven years of imprisonment and a fine not to exceed $5,000. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment and a fine not to exceed $15,000. The recently passed law decriminalizes marijuana in New York and allows those previously convicted of certain marijuana-related crimes to seek postcontinued on page 2
Are You In An Abusive Relationship? You Can Get a Green Card Through VAWA ....4
COMPREHENSIVE IMMIGRATION REFORM
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Comprehensive Immigration Reform: The U.S. Citizenship Act of 2021
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resident Biden sent a bill to Congress on day one to restore humanity and American values to our immigration system. The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere. The U.S. Citizenship Act will: 1. Provide Pathways to Citizenship & Strengthen Labor Protections ●Create an earned roadmap to citizenship for undocumented individuals. The bill allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens. Applicants must be physically present in the United States on or before January 1, 2021. The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and other humanitarian purposes. Lastly, the bill further recognizes America as a nation of immigrants by changing the word “alien” to “noncitizen” in our immigration laws.
Editorial credit: Stratos Brilakis / Shutterstock.com
●Keep families together. The bill reforms the family-based immigration system by clearing backlogs, recapturing unused visas, eliminating lengthy wait times, and increasing per-country visa caps. It also eliminates the so-called “3 and 10-year bars,” and other provisions that keep families apart. The bill further supports familes by more explicitly including permanent partnerships and eliminating discrimination facing LGBTQ+ families. It also provides protections for orphans, widows, children, and Filipino veterans who fought alongside the United States in World War II. Lastly, the bill allows immigrants with approved family-sponsorship petitions to join family in the United States on a temporary basis while they wait for green cards to become available. ●Embrace diversity. The bill includes the NO BAN Act that prohibits discrimination based on religion and limits presi-
dential authority to issue future bans. The bill also increases Diversity Visas to 80,000 from 55,000. ●Promote immigrant and refugee integration and citizenship. The bill provides new funding to state and local governments, private organizations, educational institutions, community-based organizations, and not-for-profit organizations to expand programs to promote integration and inclusion, increase English-language instruction, and provide assistance to individuals seeking to become citizens. ●Grow our economy. This bill clears employment-based visa backlogs, recaptures unused visas, reduces lengthy wait times, and eliminates per-country visa caps. The bill makes it easier for graduates of U.S. universities with advanced STEM degrees to stay in the United States; improves access to green cards for workers in lower-wage sectors; and
eliminates other unnecessary hurdles for employment-based green cards. The bill provides dependents of H-1B visa holders work authorization, and children are prevented from “aging out” of the system. The bill also creates a pilot program to stimulate regional economic development, gives DHS the authority to adjust green cards based on macroeconomic conditions, and incentivizes higher wages for non-immigrant, high-skilled visas to prevent unfair competition with American workers. ●Protect workers from exploitation and improve the employment verification process. The bill requires that DHS and the Department of Labor establish a commission involving labor, employer, and civil rights organizations to make recommendations for improving the employment verification process. Workers who suffer serious labor violations and cooperate with worker protection agencies will be granted greater access to U visa relief. The bill protects workers who are victims of workplace retaliation from deportation in order to allow labor agencies to interview these workers. It also protects migrant and seasonal workers, and increases penalties for employers who violate labor laws. 2. Prioritize Smart Border Controls ●Supplement existing border resources with technology and infrastructure. The legislation builds on record budget allocations for immigration enforcement by authorizing additional funding for the Secretary of DHS to develop and implement a plan to deploy technology to expedite screening and enhance the ability to identify narcotics and other contraband at every land, air, and sea port of entry. This includes high-throughput scanning technologies to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning. It also authorizes and provides funding for plans to improve infrastructure at ports of entry to enhance the ability to process asylum seekers and detect, interdict, disrupt and prevent narcotics from entering the United States. It authorizes the DHS Secretary to develop and implement a strategy to manage and secure the southern border between ports of entry that focuses on flexible solutions and technologies that expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated and broken out by Border Patrol Sector. To protect privacy, the DHS Inspector General is authorized to conduct oversight to ensure that employed technology effectively serves legitimate agency purposes.
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COMPREHENSIVE IMMIGRATION REFORM US Citizenship Act 2021/
atives and creates a Central American Family Reunification Parole Program to more quickly unite families with approved family sponsorship petitions.
from page 2 ●Manage the border and protect border communities. The bill provides funding for training and continuing education to promote agent and officer safety and professionalism. It also creates a Border Community Stakeholder Advisory Committee, provides more special agents at the DHS Office of Professional Responsibility to investigate criminal and administrative misconduct, and requires the issuance of department-wide policies governing the use of force. The bill directs the Government Accountability Office (GAO) to study the impact of DHS’s authority to waive environmental and state and federal laws to expedite the construction of barriers and roads near U.S. borders and provides for additional rescue beacons to prevent needless deaths along the border. The bill authorizes and provides funding for DHS, in coordination with the Department of Health and Human Services (HHS) and nongovernmental experts, to develop guidelines and protocols for standards of care for individuals, families, and children in CBP custody. ●Crack down on criminal organizations. The bill enhances the ability to prosecute individuals involved in smuggling and trafficking networks who are responsible for the exploitation of migrants. It also expands investigations,
intelligence collection and analysis pursuant to the Foreign Narcotics Kingpin Designation Act to increase sanctions against foreign narcotics traffickers, their organizations and networks. The bill also requires the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA) and DHS, in coordination with the Secretary of State, to improve and expand transnational anti-gang task forces in Central America. 3. Address Root Causes of Migration ●Start from the source. The bill codifies and funds the President’s $4 billion fouryear inter-agency plan to address the underlying causes of migration in the region, including by increasing assistance to El Salvador, Guatemala, and Honduras, conditioned on their ability to reduce the endemic corruption, violence, and poverty that causes people to flee their home countries. It also creates safe and legal channels for people to seek protection, including by establishing Designated Processing Centers throughout Central America to register and process displaced persons for refugee resettlement and other lawful migration avenues—either to the United States or other partner countries. The bill also reinstitutes the Central American Minors program to reunite children with U.S. rel-
●Improve the immigration courts and protect vulnerable individuals. The bill expands family case management programs, reduces immigration court backlogs, expands training for immigration judges, and improves technology for immigration courts. The bill also restores fairness and balance to our immigration system by providing judges and adjudicators with discretion to review cases and grant relief to deserving individuals. Funding is authorized for legal orientation programs and counsel for children, vulnerable individuals, and others when necessary to ensure the fair and efficient resolution of their claims. The bill also provides funding for school districts educating unaccompanied children, while clarifying sponsor responsibilities for such children. ●Support asylum seekers and other vulnerable populations. The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000. The bill also expands protections for foreign nationals assisting U.S. troops. l
Arleigh Louison/from page 1 petitioners were victims of abuse. The indictment also charges that these petitioners, who paid Louison for his services, did not discuss abuse with Louison, were not abused as described in the petitions, and did not authorize the statements made in the petitions Louison submitted to USCIS. The indictment also charges that Louison fabricated fee waiver petitions on behalf of these individuals without their knowledge.” Problems for Victims/Clients Louison has since passed. However, he has left a carnage of victims facing deportation and a myriad of immigration issues. What does this mean? Since Arleigh Louison was arrested for immigration fraud, the files of all his clients will be reviewed by the Immigration & Customs Enforcement agents (ICE). Additionally, every single client will be served a Notice to Appear (NTA) and be interviewed by ICE agents with the sole purpose of seeking admission to initiate deportation proceedings. The NTA is the first step taken by the American government to remove an immigrant from the country. If you were a client of Louison, it is imperative that you consult with an AILA attorney and do not meet with ICE alone. You should also seek the advice of more than one counsel. Get a FREE case evaluation. ASK THE LAWYER – call 855-768-8845.
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HOW TO GET A GREEN CARD
3 Signs You Are in an Emotionally Abusive Relationship thing you want, such as more attention or affection. Or perhaps your partner has a double standard. For example, they may think it's OK for them to make you look bad in public. Yet, if you complain about it they'll accuse you of disgracing them. Such situations may make you feel worthless. You may feel confused about whether your perception is based on reality. This may weaken your confidence and damage your self-image.
BY MARY CAMPBELL
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ometimes relationships end up being a source of pain. You may feel you're not getting the security and comfort of having a partner. Instead, your life may start to feel like it's a series of traumas. In such situations, you may often end up doubting yourself. You may feel confused about why your partner treats you so bad. At the same time, you may still hold on to the positive aspects, making it hard for you to make a decision. If you're not sure if your relationship is abusive, here are three signs to look out for. These are by no means the only symptoms. But, they signal a high-level of danger to your physical and emotional health. You're Not Allowed to Have an Opposing Opinion People will always disagree on certain things. Conflict is not a bad thing if it's an avenue to learn, grow, and exchange ideas. However, certain people can only accept their own points of view. If you keep getting dismissed or
demeaned in arguments, you're being abused. It doesn't matter if your views are accurate or not. Nobody has the right to make you feel inferior. Sadly, certain people don't know how to deal with opposing opinions. This may cause them to lash out. They may also use your disagreements as a chance to take out their frustrations. You Can't Raise Issues About How You Feel Similar to the point above, you may end up being attacked when you raise an issue. This may be a demand for some-
You Find Yourself Hurting Your Partner In certain cases, you may end storing up feelings of anger and humiliation. When you can't take anymore, you may end up lashing out at your partner. This may increase conflict and you may end up getting hurt even more. The key here is to not allow your partners behavior to turn you into something you're not. Don't let their abuse be an excuse for acting against your own beliefs. Instead, assess your situation. Decide if you want to continue being in a situation that causes you to lose self-control. Dealing with emotional abuse is hard. At the same time, staying a victim will only make your life worse. If you feel abused, take action to change the situation. Most importantly, connect with yourself and learn to understand your own actions. Do things that make you feel loved and respected. That will make it harder for you to stay in situations that threaten your well-being. Be prepared for an uphill battle. But, remember, you're fighting for your life. Immigrants and Domestic Violence Immigrants in the US. have the right to live life free of abuse. Due to the victim’s immigration status, abusive partners
Marijuana Record Expunged/ from page 1 conviction relief (PCR) from the court. While this has far-reaching consequences for every New Yorker, it is crucial for non-citizens whose status can be jeopardized by a marijuana-related criminal conviction.
GREEN CARD SLAVERY? Don’t put up with ABUSE anymore! Whether married or not, whether your spouse is a U.S. citizen or Green Card Holder, 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!
•First, with the passage of the New York Marijuana Regulation and Taxation Act (MRTA), there are still significant immigration consequences for marijuana violations including in some circumstances deportation, being denied admission to the U.S., being denied permanent residency or a green card, or being denied naturalization. •Second, those who have already been convicted of possessing marijuana of up to one ounce or publicly using marijuana can seek relief to have those convictions expunged or vacated. In both cases, the convictions will be effectively removed
have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help. VAWA As a victim or survivor of domestic violence, there are laws that can allow you to gain legal status in the United States. The Violence Against Women Act (VAWA) was created in 1994 by then Senator Joe Biden, to protect victims of domestic violence, and offers specific protections for people without legal status in the US. VAWA also protects men and children who are victims of domestic violence. As part of the perpetration of domestic violence, abusers often may refuse to assist you with applying for immigration status, may promise to apply for you, but never actually help, or threaten to contact immigration and report you. VAWA helps victims of domestic violence allowing them to self-petition for their own legal status without the abuser’s help or knowledge. A specialized immigration attorney should always be your first point of contact when it comes to immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm11pm and Sundays, 11pm to 12am. The program provides great information and also an opportunity for a FREE, no obligation legal consultation. The number to call is 855-768-8845. You can also visit www.askthelawyer.us Domestic violence is against the law regardless of one’s immigration status. Be a loving family member, good friend, and caring neighbor: please share this information. l from your criminal record. However, an expunged conviction can still be the basis for negative immigration consequences, including deportation and removal. On the other hand, a vacated conviction cannot. Thus a legal immigrant previously convicted on marijuana charges should, if possible, seek vacatur of their previous charges to protect their immigration status. They may need to hire a lawyer to file a 440 Motion/Application in the District Attorney's office or county of the underlying arrest. •If you face a challenge to your legal status due to a previous marijuana conviction or are having trouble with any other immigration issue, please call the attorneys at the Law Firm of Figeroux & Associates. They will help you through the process of vacating your previous charges, protecting your rights, and giving you the best chance possible at maintaining your legal residency and applying for U.S. citizenship.l
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