The Immigrant’s Journal - Vol. 146 by IQ INC.

The Immigrant’s Journal Vol. 146

A Journey for a Better Life & Justice

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Protecting God’s Children From Distant Lands 26 Court Street, Suite 701, Brooklyn, NY 11242

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Sept 23, 2021

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Immigration Reform in Budget Reconciliation Is Off to a Rocky Start but Much Is Yet to Come BY WALTER EWING IMMIGRATIONIMPACT.COM

undocumented immigrants who came to the United States as children; (2) undocumented immigrants who have worked since January 1, 2020 in “essential” jobs; (3) individuals who had Temporary Protected Status on January 1, 2017; and (4) individuals who were eligible for Deferred Enforced Departure on January 20 of this year. These immigration-related provisions were proposed through a process known as “budget reconciliation.” Under the normal legislative process, at least 60 Senators must agree to end debate on a bill and vote on it. Because

enate parliamentarian Elizabeth MacDonough on September 19 rejected Democrats’ initial attempt to include immigration reform provisions in a $3.5 trillion spending bill currently making its way through Congress. Senate Democrats are already formulating alternative proposals for MacDonough to consider in the days ahead. Democrats had initially proposed that the spending bill provide a pathway to permanent status (a green card) for roughly 8 million people. To qualify, they must fall into one of four categories: (1)

US Senator Chuck Schumer. Editorial credit: lev radin / Shutterstock.com

continued on page 4

Fear of Another 9/11 Continues to Drive US Immigration Policy ....22

Senator James Sanders Jr. Condemns Border Guard Use of Whip on Haitian Migrants ....3

Why Your Loved One Stays In a Toxic Relationship and How You Can Help ....20

Immigrant Advocates & Allies Demand Immediate Passage of Bill Expanding Municipal Voting Rights

ew York, NY: On September 20, the Our City, Our Vote Coalition (OCOV), led by the New York Immigration Coalition (NYIC) and United Neighborhood Houses, were joined by immigrant rights and civic engagement advocates and allies to demand the immediate passage of New York City Council bill Intro 1867, which would expand the right to vote in municipal elections to immigrant New Yorkers with legal per-

manent residence status or work authorization. In June, the legislation (Introduction 1867) to enfranchise nearly one million New Yorkers obtained a large majority of co-sponsors, which secured a hearing on the bill (scheduled for Monday, September 20th at 10am). In contrast to the increased assaults on voting rights across the country by Republicans, New York City can set an example of Council Member Ydanis Rodriguez. Photo courtesy: NYIC

continued on page 2

Important Steps to Take If You’ve Been Laid Off ....19

Brian Figeroux, Esq.

Three Tips to Cope with Life as a Single Mother ....5

Estate Planning Guide: Senior Focus ....9

IMMIGRANTS’ RIGHTS

Voting Rights for Immigrants/ continued from page 1 what democracy can look like in one of the biggest cities in the country by passing this legislation and enfranchising New Yorkers who have had no voice in their city for far too long. “Every New Yorker deserves to have their voice heard by the people elected to represent their communities and interests,” said Murad Awawdeh, Executive Director, New York Immigration Coalition. “Despite contributing to our city in tax dollars throughout the COVID-19 pandemic, nearly one million New Yorkers remain silent in our local democracy. As Republican voter suppression efforts continue to silence communities across the country, it is more important than ever that the New York City Council expeditiously usher in the largest enfranchisement in a generation for our city. Swiftly passing Intro 1867 will ensure that the immigrant New Yorkers that make up the diverse communities integral to our city are empowered in municipal elections to shape the decisions that impact their daily lives.” “New York City has a duty to create a democracy inclusive of and accountable to everyone who calls it home,” said Susan Stamler, Executive Director, United Neighborhood Houses. “As COVID-19 continues to impact our neighborhoods, it has never been more important to ensure all residents living,

"New York is a city of opportunity, and today we have an opportunity to expand municipal voting rights to everyone who lives in and has built this city,” said Manhattan Borough President Gale A. Brewer. "NYC is full of immigrants who pay taxes but have no say in who governs them. This is unacceptable. In America’s greatest city, we must lead on enfranchising people who are eager to participate in our democracy.” Photo courtesy: NYIC

working, and paying taxes in our city can have a voice in our government. Settlement houses know firsthand that ensuring neighborhoods are politically engaged results in better public policies that make our city stronger. We urge the City Council to take swift action and pass Intro 1867 to finally enfranchise those who have been left out of the political process.” “I want to make it very clear for everyone. Neither federal nor state law prevents New York City from extending the right to vote in municipal elections to non-citizens. This is about no taxations without representation. We must recognize the contributions made by our immi-

grant brothers and sisters. This is not about granting a favor to immigrants by allowing them to vote. If they pay their taxes, they should have a right to elect their local leaders, and if people have a problem with this then they should move to another town or another country that has not been built by immigrants,” said Council Member Ydanis Rodriguez. “The City of Tacoma Park in Maryland has been allowing non-citizens to vote in their municipal elections since the 1990’s. And many of the arguments our conservative colleagues have been making against the bill, have never happened. We fought hard to pass laws that allow non-citizens to get their drivers’ license, created IDNYC, and a higher education scholarship program so non-citizen New Yorkers can advance their studies and continue to contribute to our City. We were told many times this was not possible and yet we made it possible. It is now time that we enfranchise our immigrant New Yorkers so that they can elect and hold accountable their local leaders.” “Immigrants make New York City special, and they deserve the right to elect their local representatives,” said Council Member Adrienne Adams. “It’s time to allow non-citizens who hold green cards and work authorization to participate in our city’s democratic process. Empowering and enfranchising our immigrant communities will help make our City stronger.” "Over one million New Yorkers who send their kids to our public schools, own small businesses, and build our neighborhoods currently lack the fundamental right to participate in our civic life by electing the government that runs our city,” said Council Member Brad Lander. “New York is a city of immigrants, it's time that immigrants have the chance to shape our city at the ballot box. I'm grateful for the many years of advocacy and leadership from immigrant New Yorkers and Council Member Rodriguez to get us to this critical hearing." “For many years, I watched my mother work long hours, she paid her taxes regularly, shopped in the community, yet she was unable to cast a vote to have a voice in who represents our community because she was not yet a citizen,” said Council Member Selvena N. BrooksPowers. “Immigrants are the backbone of New York’s culture and economy, but

without the right to vote for local offices, their voices go unheard. We all live, work, and play as New Yorkers, and deserve an equal say in how our municipal government serves us. I am proud to join Councilmember Rodriguez and our colleagues in fighting to enfranchise our immigrant neighbors and ensure that our City’s government is accountable to everyone.” "New York City is a city of immigrants, and yet, over 1 million of them still cannot cast a ballot here. I’m proud to sponsor Intro. 1867, which would expand voting rights access to non-citizens who live and work in our city,” said Council Member Keith Powers. “It’s past time we empower these communities so they can participate in our democratic process, and I thank Council Member Rodriguez for his work on this issue." "A truly fair and just democracy includes everyone, and yet nearly one million New Yorkers with Green Cards or work authorizations are ineligible to vote in local elections. We have the opportunity to honor our inclusive values by ensuring our City's government is shaped by the people who live here,” said Council Member Carlina Rivera. "We are a Sanctuary City — a city of immigrants: we have a duty to welcome all who call New York home to vote without question or fear. With voting rights under attack nationwide, we must lead in the effort to make voting more inclusive, accessible, and democratic." “900,000 New York immigrants are unjustly shut out of our democracy,” said Assembly Member Catalina Cruz, Chair of the Taskforce on New Americans. “The City Council has the legal authority and the obligation to move this legislation forward so that we can strengthen our democracy and be a more inclusive city. I implore them to take this critical step immediately.” "New York has always been a city of immigrants. We owe our legacy of success and growth in large part to the many who left their homes and moved here in search of a better life,” said NYS Senator Brad Hoylman. “These New Yorkers are already a part of our community, they are our neighbors, and yet they do not have a say in our local elections. We should expand democracy and the electorate by allowing the nearly one million non-citizen New Yorkers to vote in municipal elections. I urge the City Council to pass Council Member Ydanis Rodriguez’ Introduction #1867 and set an example for the nation.” “The right to vote is fundamental to our democracy. Yet we do not give immigrants a vote in how our city is run and what our priorities are for the future,” said Brooklyn Borough President Eric Adams. “As communities face longstanding inequities that have led to disproportionate death and devastation in their communities, our City has a moral responsibility to enfranchise taxpaying, hardworking legal immigrants and give them the voice they deserve. That’s why I’m proud to support the passage of Intro 1867, and thank Council Member Ydanis Rodríguez, my colleagues in government, and the advocates for leading this charge.”l

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TIME FOR ACTION

Senator James Sanders Jr. Condemns Border Guard Use of Whip on Haitian Migrants

tate Senator James Sanders Jr. said: “I am disgusted and appalled by the video footage showing Border Patrol whipping their reigns at Haitian migrants near the U.S. Mexico border, a clear violation of human rights and domestic and international law. The last time we saw white men whipping black people in such a public horrendous fashion was during the Jim Crow era and the subsequent separation and dehumanization that followed. Later during the first half of the twentieth century, blacks were separated from whites in ghettos to control their growing population in what is considered American Apartheid. Now, not much has not changed. The images are very much the same. The actions on that video U.S. Mexico border was not an example of how Americans, particularly those in power, should treat their fellow human beings. We are a country of immigrants with many of those of Haitian descent live in the district I represent. Our Haitian brothers and sisters are desperately trying to flee the poverty and violence in their own country, and deserve to be treated with respect. They are still recovering from an earthquake and the assassination of their President Jovenel Moïse, who was killed in his private residence in the capital, Port-au-Prince, on July 7, 2021, causing political turmoil and upheaval. On August 14, 2021 a devastating earthquake struck Haiti, leaving more than 650,000 people in need of emergency humanitarian assistance. This

Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip Senior Writer Linda Nwoke Graphic & Website Designers Praim Samsoondar Kendrick Williams Anvar Sabirov Email immjournal@aol.com

An unidentified poor Haitian kid looking with surprise towards the photographer during a food camp in Port-Au-Prince, Haiti. Editorial credit: arindambanerjee / Shutterstock.com

comes as the island nation is still trying to recover from a massive earthquake in 2010 that displaced more than 1.5 million people. Many left and headed for South and Central America, but now employment opportunities are drying up in Latin America as the pandemic continues and Haitian migrants are seeking asylum in the United States. These tough and resilient people have been struck down so many times yet they continue to seek a better life for themselves and their families only to be met by whip wielding border patrol when they get to the United States. Can you imagine the devastation and humiliation they must have felt? Worse still, President Biden went back on his word. It was only a few months ago that he said our country would welcome the Haitian people when the Department of Homeland Security designated Haiti for temporary protected status, a designation given when there are

conditions of extreme political upheaval, conflict, or natural disasters. Our government said point blank that Haiti was not a safe place. Temporary protected status was extended and expanded for Haitians just five weeks ago, but now 14, 000 Haitians are being expelled, almost the same number at the Del Rio encampment, citing Title 42 of the Constitution - removal by the U.S. government of persons who have recently been in a country where a communicable disease was present. I understand the health concern, but these people can be vaccinated and quarantined before entering the United States. I intend on writing to President Biden and asking that the Haitian people be treated with the same care and compassion as we hope the Afghan refugees entering our country should receive.”l Senator Sanders serves NY’s 10th District.

COVID-19 Vaccine Series Required for Immigration Medical Examinations

ffective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. This guidance applies prospectively to Form I-693 signed by civil surgeons on or after Oct. 1, 2021.

TEAM Publisher I.Q. INC.

USCIS is updating its policy guidance in accordance with the Centers for Disease Control and Prevention’s Aug. 17 update

to the Technical Instructions for Civil Surgeons. We are working on updating Form I-693 and the form instructions to incorporate this new requirement. Applicants must complete the COVID19 vaccine series (one or two doses, depending on the vaccine) and provide documentation of vaccination to a USCIS-designated civil surgeon before completion of the immigration medical examination.l

Visit www.ijlef.org www.falaw.us www.cawnyc.com 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

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HOW TO GET A GREEN CARD

4 Getting a Green Card: Pathways to Legalization

Legalization for Millions/ continued from page 1 Democrats hold such a slim majority in the Senate, moving any bill in this manner would require Republican support. But Democrats and Republicans are so polarized on immigration that any bill containing immigration reform provisions would be unlikely to garner the 60 votes needed to prevent Republicans from “filibustering” the bill (that is, refusing to end debate on the bill and move on to a vote). Under the budget reconciliation process, a bill can move to a vote if a simple majority of the Senate agrees to it. This means that if all 50 Democratic senators are united (and Vice President Kamala Harris acts as a tiebreaker), they can move a bill to a vote without any Republican support. However, a bill moved through the budget reconciliation process must change “outlays or revenues” and cannot contain any provisions that are “extraneous” to the federal budget. Provisions that are seen as unrelated to or not primarily focused on the task of raising and spending money are not allowed. It is up to the Senate parliamentarian to decide what provisions are allowed in a bill under the budget reconciliation process. Democrats argued that their immigration provisions should be allowed under the budget reconciliation process on economic grounds, primarily because allow-

P Editorial credit: Ryan Rodrick Beiler / Shutterstock.com

ing millions of immigrants to earn green cards would also make them eligible for public benefits. Numerous economists have also argued that providing a pathway to permanent status for millions of people would have a significant positive impact on the U.S. economy. For instance, one study estimated that the Democrats’ proposals “would add $1.5 trillion to the U.S. gross domestic product, create 400,000 new jobs, and raise the annual wages of all Americans by an average $600 over the next decade.” Senate parliamentarian MacDonough did not agree with the Democrats’ assessment. According to MacDonough, the social and political ramifications of the Democratic proposals go beyond their budgetary impact and therefore are “not appropriate for inclusion in reconciliation.” MacDonough does not actually dispute that the proposed immigration measures would have an enormous economic

impact. Instead, she argues that the noneconomic aspects of the proposed measures “outweigh” the economic aspects. Democrats have not given up on persuading MacDonough to include immigration provisions in the spending bill under the reconciliation process. Senate Majority Leader Charles E. Schumer said that “Senate Democrats have prepared alternate proposals and will be holding additional meetings with the Senate parliamentarian in the coming days.” Senator Dick Durbin (D-IL), chair of the Senate Judiciary Committee, and Senator Alex Padilla (D-CA), chair of Judiciary’s immigration subcommittee, pledged that the “fight for immigration reform will continue.” The effort by Democrats to include immigration reform provisions in the spending bill has gotten off to a rocky start, but this is just the beginning of the process.l

resident Biden sent a bill to Congress on day one to restore humanity and American values to our immigration system. Now, there is a real shot at comprehensive immigration reform this year. Congress is on the verge of creating a new, long overdue pathway for millions of immigrants through a complex process known as budget reconciliation. The House and Senate passed budget resolutions allocating over $100 billion to provide legal status to eligible immigrants. Congressional committees are now drafting the legislative text that will dictate who may qualify for this new program. Here is a summary of several possible paths to legalization that Congress is currently considering: 1. The Dream Act and H.R.6 2. Farm Workforce Modernization Act of 2021 3. Legalization Through 245(i) 4. Legalization Through “Registry” 5. Documented Dreamers Get ready for comprehensive immigration reform. Be prepared: Ask the Lawyer. Get a FREE consultation by calling 855-786-8845.l

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FAMILY MATTERS

Three Tips to Cope with Life as a Single Mother BY MARY CAMPBELL

ot a lot of women become single mothers by choice. In many instances, women end up being single mothers because of life circumstances such as the death of a spouse or partner, or because of divorce or a breakup, or even because the father of the child refused to be part of that child's life. Whatever the reason might be, being a single mother can be hard. While there are some women who do not struggle much when they become single mothers, the majority of women find it difficult to cope, both mentally and financially. Should you find yourself in a situation where you are now raising your child or children on your own, there are things that you can do to cope with life as a single mother. 1.Start by Accepting Your Situation One of the best things you can do when you find yourself having to raise your child or children as a single mother is to accept your situation. Now, this might seem like something that is easy to do, but in reality it is not easy. However, it is

possible. Whether the father of your child refused to be part of that child's life or he passed on, it is important for you to accept your situation as it is and go on from there. In other words, accept and embrace your new role as a single mother, because that is the reality of the situation. Once you embrace your current situation, it will be easier to start taking the necessary steps to get your life in order, bearing in mind that your child or children are looking up to you.

2. Empower Yourself Financially One of the main reasons why single mothers find their role so difficult is because they are not financially stable. This is largely due to the fact that some women are so dependent on their spouses or partners that when the relationship ends or when their spouse dies, they struggle to provide for themselves and their children. It could be that you are someone who got married young and was an amazing housewife, but you never contributed financially to your marriage. There is nothing wrong with being a stay

at home mom. In fact, a lot of people agree that it is one of the hardest jobs on earth, especially if you have a lot of kids or you have a child who with a long-term health issue. However, if the unexpected happens to your spouse, you might find yourself in a situation where you cannot provide for your children. If you find yourself in this situation, the first thing that you need to realize is that you can do something about it. Take your time to really figure out what your passion is and what you are good at, apart from being an awesome mom. What did you have in mind career-wise before you met your husband or boyfriend? What is it that you have always wanted to do in life but had to put on hold because you got pregnant, or got married and started a family? Based on your capabilities, what are your options in as far as a job or business is concerned? It is important to ask these questions because you need to figure out how you are going to provide for yourself and your child or children. You will need a short-term plan, such as looking for a job continued on page 6

YOU ALWAYS KEEP THEM SAFE. WITH VACCINES, THEY’LL BE EVEN SAFER. CHILDREN AGES 12-17 CAN NOW BE VACCINATED AGAINST COVID-19. Get your child vaccinated for a safe return to school. Children who have been vaccinated against COVID-19 are less likely to get and spread COVID-19.

LET’S KEEP OUR CHILDREN SAFE AND OUR SCHOOLS COVID-FREE. For more information about COVID-19 vaccines and where to get one, visit nyc.gov/covidvaccine.

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IN THE NEWS

Advocates See Ugly Echoes of Trump in Biden Admin’s Brutal Treatment of Haitian Refugees

ew York, NY: Earlier this week, horrific photos of US Customs and Border Protection agents using their horse's reins as whips while stopping Haitian migrants from crossing the Rio Grande River near the Del RioAcuna Port of Entry in Del Rio, Texas, sparked widespread outrage. The images come amid news of the Biden administration's use of a Trump-era policy change to ignore immigration law and deport Haitian asylum seekers en masse. In the coming weeks, the Biden administration is planning to deport roughly 14,000 Haitian families when Haiti is experiencing destabilizing political violence and still recovering from a massive earthquake that caused widespread destruction. Murad Awawdeh, Executive Director, New York Immigration Coalition: “The Border Patrol’s inhumane and shameful actions against Black migrants seeking safety should enrage all Americans. But their actions are not happening in a vacuum. Unfortunately, the

Members of Black Lives Matter protest outside Federal Building to denounce the segregationist immigration policies of the Biden administration, Tuesday, Step. 21, 2021 in Los Angeles. Editorial credit: Ringo Chiu / Shutterstock.com

horrifying scenes at the border are symptomatic of the heartless asylum policies of the Biden administration, which is doing little to differentiate its border policies from that of its predecessor. In fact, this White House appears to be on track to build upon the previous occupants' repellant legacy by executing the largest mass expulsion of asylum seekers in recent history. Deporting people seek-

ing refuge back to a country facing multiple humanitarian and environmental crises amounts to a death sentence. We stand with Senate Majority Leader Chuck Schumer and his demand for President Biden to immediately halt the deportation flights of Haitian refugees and act swiftly to reign in the longstanding abusive actions of his Border Patrol.”l

Single Mother/ continued from page 5 as soon as possible, as well as a longterm plan which will enable you to not only provide for your child, but one that will also enable you to leave a lasting legacy for your child or children. You may hit a few bumps or even many bumps along the way, but eventually you will get back on your feet again. What is important to remember is that through hard work and determination, you will find something that will enable you to be financially stable. 3. Do Not be Ashamed to Ask for Help Raising children is no easy task. If you have family and friends who you know can assist you on this journey of being a single mother, do not be ashamed to ask for help. It may be something as simple as asking your sister to watch your kids for a couple of hours, or even borrowing money. Do not be ashamed to ask for help. Those who love you know and understand your situation and they know that you will get back on your feet soon. Surround yourself with people who love you and can help to lift your spirit. At the end of the day, although being a single mother is a tough job, it is possible to cope and even enjoy life as a single mother. And, that mother and child bond will give you the drive to do everything you can to provide the needs of your children. l

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LEGISLATIVE UPDATES

Applaud for Legislation That Would Remove Barriers to Naturalization for Low-Income Immigrants

A S H I N G T O N : Representatives Norma Torres (D-CA) and Grace Meng (DNY) introduced the Reduce Financial Barriers to Immigration and Citizenship Act of 2021 in the U.S. House of Representatives. The Act would allow low-income applicants for citizenship and other immigration benefits to apply without paying fees if they can prove their inability to pay, codifying and expanding existing fee waivers issued under administrative authority. It would also grant $500 million to U.S. Citizenship and Immigration Services (USCIS) to reduce the backlog of applications before the agency. “When immigrants naturalize, our nation prospers. As our nation continues to struggle with the coronavirus pandemic and rebuild our economy, it is now more critical than ever that naturalization is accessible for low-income immigrants, including essential workers,” said Nicole Melaku, executive director of National Partnership for New Americans (NPNA).

“Yet long-standing barriers to naturalization like cost and language persist, as well as more recent barriers created by the previous administration, like enormous backlogs that prevent millions from obtaining benefits for which they’re eligible. This is exactly why we need legislation like the Reduce Financial Barriers to Immigration and Citizenship Act of 2021 and why we urge Congress to pass it as part of our nation’s recovery efforts.” The introduction comes as Congress is pondering creating a path to permanent residency or offering other protections for undocumented immigrants. Yet, bar-

riers persist for permanent residents who are currently eligible for citizenship. Barriers like application fees, language, and lack of access to immigration legal services prevent millions of eligible immigrants from naturalizing, limiting the economic benefits that come with citizenship such as increased employment rates, on average higher incomes, and more likelihood of homeownership and subsequent strengthening of the local housing market and tax base. At the same time, application backlogs have remained a thorn in the Biden administration’s side, with over 907,000 naturalization applications in the backlog and the average processing delay nearing a year, almost double the amount from several years ago. In response to this issue, the administration requested $345 million for USCIS to address the naturalization and asylum backlog, among other purposes. “The Coalition for Humane Immigrant Rights (CHIRLA) has worked tirelessly as an advocate and legal services

provider to ensure that low-income and working-class immigrant families throughout California can access lowcost, quality naturalization services,” said Angelica Salas, co-chair of NPNA and executive director of CHIRLA. “This is why we went to court and blocked Trump from hiking fees and eliminating fee waivers. It is also why we urge the Biden administration and Congress to promote naturalization and strengthen federal policies that support the full integration of immigrants. The Reduce Financial Barriers to Immigration and Citizenship Act of 2021 would prevent future arbitrary fee hikes and grow access to naturalization services so that more immigrants can become U.S. citizens." The previous administration sought to eliminate fee waivers based on the receipt of means-tested benefits and increase application fees for naturalization and other applications. Both efforts were blocked by federal courts, with CHIRLA being a plaintiff in the litigation that stopped the fee increases.l

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www.willsandestates.nyc

September 2021

Estate Planning

Law Firm of Figeroux & Associates

Estate Planning Guide:

Senior Focus

INSIDE: •The

Importance of Estate Planning

•Important

Informaton About Bedsore Injury Cases

•Nursing

Home Neglect and Abuse Are Very Real •Do

I Need a Living Trust?

•Become

an Organ Donor

•What

Happens If You Die Without a Will? •Tips

to Keep Your Brain Active

•Choosing

An Estate Attorney

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September 2021

www.willsandestates.nyc

Estate Planning

The Importance of Estate Planning BY JANET HOWARD

o one likes thinking about death, but sooner or later, we all need to make plans for the inevitable. Some people assume that their possessions will automatically transfer to their spouse or other family members if they die. Unfortunately, this is not always the case. Estate planning offers some control over what happens to your assets in the event of your death, enabling you to ensure the right assets go to the right people. side of estate planning. What is Estate Planning? Estate planning encompasses a range of measures that individuals can take to ensure their assets are distributed appropriately in the event of their death or incapacitation. Writing a will that specifies who gets what after someone dies is an example of estate planning. However, while most people are familiar with the concept of leaving a will, estate planning can involve a wide range of other activities. Most estate planning is conducted with the advice and supervision of an attorney. There are also estate planning advisers who aren't lawyers but can advise clients on the financial

Examples of common estate planning practices include: •Deciding how assets should be preserved, managed, and distributed after the owner's death or incapacitation and which assets should go where. •Writing a will. •Setting up trusts to hold or manage assets on behalf of beneficiaries. •Making charitable donations and taking other measures to limit the estate's tax liability. •Naming beneficiaries and executors. •Making funeral arrangements.

Why do you need a Lawyer to Assist with Estate Planning? Technically, you don't have to have a lawyer to assist you with estate planning. However, unless you happen to have the qualifications yourself, working with a lawyer is strongly recommended. Estate planning can be simple or complex, depending on the estate in question, but it is always a serious undertaking. If there are any problems with estate plans, they often won't become apparent until they are executed after the estate owner's death. While many of the strategies and instruments available for estate planning are the same across the US, each

state has its own rules regarding who can and can't serve as a personal representative. In cases where the beneficiaries of an estate reside or the nominated personal representative of the deceased are in different states, things can become more complicated. To ensure that everything proceeds smoothly, you should hire an experienced lawyer with estate planning experience. Estate planning lawyers will know the relevant state laws inside and out. Working with an attorney to formulate a plan for your assets after your death will give you and your beneficiaries peace of mind that everything is in place and your plans are indisputable. They will work with you to ensure all the necessary documentation is available, utilize the most suitable financial instruments to achieve your objectives, and ensure the wording and procedures you use will stand up in court. But perhaps the most compelling reason to make your plans under the supervision of a lawyer is that you will minimize unnecessary expenditures. If there are any issues with your estate plan or the documents you submit, your beneficiaries could end up drowning in legal fees. continued on page 3

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www.willsandestates.nyc

September 2021

Estate Planning Importance of Estate Planning/continued from page 2 out a will in place, your assets will most likely be distributed according to local state laws or left in the hands of a judge. As well as indicating how you want to distribute your assets, a will can also specify your wishes regarding the care of minor children and other similar issues. It is a common misconception that only those with significant assets need to bother with a will. Even if you have minimal assets to distribute after your death, there are many reasons why leaving a will is a good idea. For example, you can ensure that any assets you leave behind are distributed to the right people and, just as importantly, kept out of the hands of those you don't wish to pass them on to. Wills are also crucial for settling issues regarding childcare. Wills are a core component of any estate planning strategy, but not all wills are created equal. Some types of will, such as oral wills expressed in front of witnesses, aren't widely recognized by US courts. The most effective kind of will is called a testamentary will. Testamentary wills are the type that most people are familiar with; the testator puts their wishes in writing, and witnesses sign the document. If you produce a testamentary

will under the supervision of an attorney, it will be very difficult for anyone to challenge it in court after you die successfully. Wills are commonly used alongside trusts to distribute assets to beneficiaries. By utilizing both mechanisms, you can set conditions for the distribution of your assets while minimizing your beneficiaries' tax liabilities. Each trust usually only holds specific assets, such as a piece of property. They are frequently used to hold or manage assets on behalf of underage beneficiaries. Once the recipient is able to manage the assets themselves, they can take possession of the trust and the associated assets.

icance when a child with special needs is involved. Estate planning isn't just about dividing financial assets; it's also an opportunity for parents to ensure their children receive the appropriate type of care when they're gone. If the child is likely to receive government benefits, their parents can establish a "special needs trust" for them as part of their estate planning. These trusts need to be drafted carefully to ensure they don't affect the child's eligibility for government benefits. The idea is that while the government benefits cover the recipient's basic needs, the trust provides funds for other trips and activities.

How Estate Planning Can Provide for Those with Special Needs Estate planning is always important, but it takes on an even greater signif-

What Happens When Someone Dies Without a Will or Estate Planning? If someone dies without a will, they are said to have died "intestate." This

can create numerous problems for the deceased's heirs. Without a will to specify how an estate should be divided, the estate goes into probate. Probate is a legal process in which a probate court determines who inherits what according to state law. The probate process can take anywhere from a few months to a few years to resolve, depending on the complexity of the estate. In most cases, intestate succession laws are used to determine who inherits an estate in probate. These laws differ from state to state, but most states will split the estate between the deceased's spouse and children if there are any. If the deceased is single and has no children, the state will determine which relatives should inherit their assets. In most states, only certain people can inherit assets under intestate laws. These are usually limited to spouses and registered domestic partners and blood relatives. Estate planning is vital for anyone who wants some degree of control over the distribution of their assets after they die. Dying intestate can create significant stress and tension among surviving heirs and spouses. You should always work with an estate planning lawyer to ensure that estate planning is thorough and robust.p

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Important Information about Bed Sore Injury Cases BY TIFFANY DAVIS

ong-term residents of nursing homes often fall prey to various complications related to a sedentary lifestyle. Their personal health status will often be the defining factor when activity and movement are considered by medical staff. Some of these living situations, however, are less than adequate. Neglect, unfortunately, is a common occurrence and can result in the development of bed sores, among other health issues. A loved one in nursing home care should be monitored regularly by family and friends to assess the standard of care. If a bed sore should appear and worsen while in the facility, there are some options to consider before seeking legal recourse. Bed Sore Facts Bed sores appear on the skin and can reach all the way to the bone in severe cases. These sores are caused by the sedentary lifestyle of elderly and ill patients. Pressure from one's own weight, while remaining in one bodily position long term, causes the decrease in blood flow and oxygen to the area. The tissue eventually becomes infected and dies. This open wound can lead to serious secondary infections and even death. The best treatment is prevention with proper care and movement of the patient. They can be very difficult to control and cure once the descent of health is underway. First Appearance of the Sore and Documentation It is necessary to have proper evidence of the nursing

home's role in the bed sore issue. Check the person in care at every visit, so you can be sure of the exact date of the bed sore's appearance. If the patient will be sent from hospital care directly to a nursing home, have the hospital staff check and document the condition of the skin prior to discharge. This will help to show evidence of prior bed sore absence or condition. You will also be able to tell if the affected area improves or worsens while in residence at the nursing home in question. Evidence of the negative progression of the bed sore is a necessity when defending your loved one in legal encounter. Your lawyer will ask for any documentation you have collected in relation to the case you are proposing. Preparation for this will involve your dedication to retrieval of medical records, dated pictures of the sore, and securing of witnesses. Be sure to meet with the doctor on appointment days. Ask for written documentation of the bed sore progression. You can also form your own written notes when you go for visits. These notes should accompany pictures taken on a digital device where a time stamp is included. Be sure to also include the treatment plan from the nursing home staff and documentation of daily medications and applications. This treatment plan should include regular removal of the patient's weight from the offending area. If you visit and repeatedly find the patient in the same position, they are at risk for increased amount of bed sores, as well as the deterioration of present ones.

Are Bedsores Cause for a Lawsuit? The answer to this may vary from case to case. This is why proper documentation of the issue is so important. Cases where bed sore lawsuits may be advisable are those where the condition first appears in the new residential location, and where a worsening of a present condition is observed. Secondary infections, further health complications and fatalities are also circumstances that may warrant legal action. If the nursing home staff can gather enough evidence to prove they are properly treating the symptoms and show improvement in the status of the sore, you may need to hold off on pressing for legal compensation. Bedsore Settlement Amounts Settlements that are approved in bed sore cases will vary in the final amounts offered. These variances will be due to the different stages of health concerns related to the bed sore. If the bed sore is fairly new, and has worsened minimally, your compensation will be on the lower side. Bed sores that lead to secondary infection and surgical procedures

will obtain a much higher amount. Compensation can reach in to the millions when severe health problems come about. You can expect most cases to remain at 1 million or under, usually in the hundreds of thousands. Abuse and neglect are often determined to be the cause of these cases, leading to employee removal and facility reorganization, as well. These costs are considered to be related to health expenses, emotional trauma, and sometimes funeral necessities. Who Pays for Bed Sore Treatment in Nursing Homes? Medical procedures are usually covered by the patient's insurance once they are residing in a nursing home. Many elderly rely on state funded insurance plans. These plans can have strict policies on coverage or denial of specific ailments. In the case of bed sores, treatment cost may be expected to be covered by the institution that failed to properly prevent the development of the sores. Since bed sores usually happen when patients are bedridden, it is up to facility staff to follow proper preven-

tion procedures. If a patient wins a legal case against a nursing home, care costs will then fall to the nursing home or be included in the settlement price. Out of pocket expenses are not usually incurred by sores that come into being in a certified and licensed care facility. Compensation Legal action is best pursued under the supervision of a legal firm knowledgeable with similar cases. Take the time to meet with a legal representative claiming past experience with nursing home and bed sore cases. A decent amount of medical knowledge is necessary to ensure excellent representation. There is hope for the possibility of compensation in relation to bed sore symptoms and obstacles. How do you find our if you have a legal case or can be compensated? Call the Law Office of Figeroux & Associates for a FREE consultation at 855-758-8845. Remember, the lawyer you hire, does make a difference! Get the right information, to make the right decision for yourself and your family.p

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Nursing Home Neglect and Abuse Are Very Real BY MARY CAMPBELL

he United States Census Bureau estimates that within three decades those persons age sixty-five or older will make up 20% of the population, i.e., an estimated 60 million persons. As the "baby boomer" population ages, more people will reside in nursing homes. So the problem of nursing home injuries and abuse, unfortunately will likely see a corresponding surge, and it will become more and more important to recognize and report any incident where a nursing home resident has been harmed. What Is Nursing Home Abuse and Neglect? While nursing home neglect is similar to abuse in the nursing home, there are key differences among the two. Nursing home abuse implies that the caregiver intends to harm the elderly person, while nursing home neglect is a form of substandard care, or a breach of duty, that causes harm to the patient. An Increasing Problem A study conducted and documented a few years ago by the National Center on Elder Abuse (NCEA), researchers revealed that 44% of the nursing home residents surveyed stated they had been abused or maltreated in the previous twelve (12) months. That same survey found that 95% of those surveyed had either witnessed instances of neglect or had suffered neglect during that same time period. Unfortunately, similar studies documented by the NCEA estimate that only one out of every 24 instances of nursing home abuse is reported. What Are the Warning Signs? The Administration on Aging states that depending on the nature of the abuse or neglect, there are a number of warning signs that may indicate that abuse or neglect is occurring. These may include: Physical or Sexual Abuse •inadequately explained fractures, bruises, welts, cuts, sores, or burns •unexplained sexually transmitted diseases

Financial Exploitation •lack of affordable amenities and comforts in an elder’s home •giving uncharacteristically excessive gifts or financial reimbursement for needed care and companionship •a caregiver has control of an elder’s money but fails to provide for the elder’s needs •an older adult has signed property transfers (power of attorney or will, for example) but is unable to comprehend what the transaction means Emotional Abuse •unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, or unexplained changes in alertness •caregiver isolates the elder (doesn’t let anyone in the home or doesn't let visitors speak to the elder) •caregiver is verbally aggressive or demeaning, controlling, or uncaring Neglect •lack of basic hygiene or appropriate clothing •lack of nutritional food •lack of medical aids (e.g., glasses, walker, dentures, hearing aid, or medications) •person with dementia left unsupervised •person confined in bed is left without care •home is cluttered, dirty, or in disrepair •home lacks adequate facilities (stove, refrigerator, heating and cooling, plumbing, or electricity) •untreated bed sores or pressure ulcers

A Worker’s Experience Workers’ World Today spoke with Arlene (name has been changed for privacy) about her experience as a home health aide and nursing home caretaker. She had this to say, ”Homecare is a pleasure; taking care of someone is a great incentive for me. My last case with an elderly Jewish lady, a doctor comes to her home. He has no recollection of her mental health and just provides medication to her, day on, day on. A sore broke out on her while I wasn’t there; the other two home attendants did not attend to it. ...The other Sunday, when I got there; I reported the case immediately. My nurse was so surprised that the two other home health aides did not make a call. And I let her know that these are the people that we are hiring who only want money and do not care about the lives they are supposed to take care of....And lives have been deteriorating under the hands of person who are supposed to care for them. I have been doing this job from since 2000. I've been doing this for a while and I have seen the changes and this is about making money; it’s a hustle, it’s about making a quick dollar. I would like to see a change. It is a suicide you are creating ... you’re killing that person's life instead of making that life enjoyable, until they're ready for the Lord to take their life.

son, Benny Gomez, says his mom was assaulted and posted a picture of his bruised and injured mother on social media, which has been shared nearly 9,000 times. “What does she mean to me? Everything," Gomez said. He added, “She has double fractures in her face," he said. "Her nose is broken. She has stitches." Eyewitness News met the heartbroken, shaken and angry son with his attorneys, days after his mother was rushed to the hospital from the Westfield Center Nursing Care facility in Westfield. State officials and police are trying to figure out how an 86-year-old nursing home patient in New Jersey ended up with severe injuries to her face.The Department of Health and Westfield police are investigating, so no charges have been filed. Gomez's mother has not been returned to the facility.

In the News According to an article on www.abc7ny.com on September 26, by Toni Yates, an 86-year-old woman was assaulted at a nursing home as reported by her son. The patient's

Legal Help If a family member or someone you know, has suffered abuse or neglect, help is available. Call the Law Office of Figeroux & Associates at 855-7688845 for a FREE consultation.p

Researching Nursing Homes While there’s no way to know about abuse that goes unreported, one can look up the name of a nursing home in federal inspection data and see whether it has been cited for sexual abuse or other issues in the past three years. This can be done at www.medicare.gov/nursinghomecompare/search.html

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Do I Need a Living Trust?

Become an Organ Donor

BY CHRIS TOBIAS

hen you make a commitment to donate healthy organs or tissue at the time of your death, you positively impact the lives of numerous others. When planning your legacy, it’s easy to have your loved ones at the forefront of your mind, but a simple registration could influence the health of a stranger. According to the United States Department of Health & Human Services, there are two ways to sign up to be an organ donor. From the comfort of your home, visit their website and fill out a simple form. If you would rather complete the process with a representative, the experts at the local Department of Motor Vehicles can help.

veryone has heard of wills. However, how many know about living trusts. So what exactly is a living trust you may ask. Put simply, it is a written legal document that partially replaces a will. Will you need one though? That’s the question many people find hard to answer. Unless you have assets or children, living trusts are probably not the best option. However, if you have significant assets, living trusts allow you to remain in control of your assets and manage them according to your wishes. You an also name a secondary trustee should you not be able to manage them yourself. Anyone with simple estates, or that wishes to have court supervision over their assets and accounts should not consider a living trust either. One major advantage of living trusts is the absence of court interference. With wills, court supervision and approval is required. Being able to control one’s own assets is appealing. Face it no one likes dealing with court officials especially after a death. There are no arguments as to who has control of your assets or your will. You

will normally be the trustee of your own living trust with a secondary trustee named in the event your become incapacitated. Should you die, your name successor will manage the trust according to your wishes. No lawyers will be involved which save every one left behind time and money. It is important to discuss the planning of a living trust with a lawyer to better understand how it works. If you name the wrong person as the trustee, you may be taken advantage of. A lawyer can provide guidance so you make the right choices. Remember, no court or judge to come to your defense with a living trust. You should still have a will with a living trust. This is especially important when children are involved. A will can serve to name their legal

guardian. Also, your will contains any assets not listed in your living trust. It is always best to have all your bases covered. Some benefits to living trusts include protecting property for beneficiaries, reducing or eliminating taxes, managing property while incapacitated, avoiding probate, avoiding a will contest, and privacy. When looking at all the benefits and the ease of setting up a living trust, the biggest question is why shouldn’t you have a living trust? Always consult a lawyer or other similar professional before setting up a will or living trust. They can answer any questions you have and clear up any confusion. It is always best to have all the facts before creating a will or living trust. When everything is set up correctly, that is one less thing to worry about later on.p

How You Can Help Adults who are legal citizens of the United States are eligible to donate organs at the time of death, and, in some cases, during their lifetime. Of course, certain diseases may inhibit you from becoming a donor; be honest about your health conditions during registration. Make sure to discuss your wishes with your family. Conversations regarding death are never easy. You should approach the subject with sensitivity by discussing the benefits that registration offers to others.p

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Estate Planning

What Happens If You Die Without a Will? final wishes, which may include instructions for your desired funeral arrangements and interment, the distribution of personal items of great sentimental but minimal monetary value, or your choice of a guardian for your young children. Without a doubt, dying without a will robs you of your right to have a say in the settling of your affairs and creates unnecessary hardship for those closest to you, as they are left to deal with the legal technicalities on their own.

BY MARY CAMPBELL

ou know you should make a will, but you never seem to be able to drum up much enthusiasm for the idea. It seems like a big, complicated pain-in-the-butt undertaking and you’re not planning on dying anytime soon anyway. You know that lawyers cost a fortune, and who knows if you really can legally use one of those online will kits? Differing opinions abound. So, you wonder, what does happen if you don’t make a will? Can the government really take all your possessions that the bank doesn’t already own most of? The short answer is probably not. Unless you are truly completely alone in the world with no blood ties whatsoever, there is likely a relative somewhere that is eligible to inherit, if they can be found. In fact, British television has aired a program called Heir Hunters, which is described as “a series following the work of heir hunters, probate detectives looking for distant relatives of people who have died without making a will”. In the U.S., private investigation firms will attempt to find a potential heir, but someone presumably must hire them before they will begin to look. Of course, if the estate is

large, anyone may undertake to find lost relatives in hopes of receiving a commission for the information from a grateful heir. In the end though, it is possible that if an heir cannot be found after a reasonable length of time has passed, then yes, eventually your estate will escheat (pass) to the appropriate governing body. However, for an average individual with no shortage of relatives in line to legally inherit your worldly goods, the application of the relevant inheritance laws certainly doesn’t mean that your estate will be distributed in a manner that you would approve of. Intestacy (the legal term for dying without a will) laws vary widely, depending on where you live. Your spouse, for instance,

may find that the laws of your state are not altogether favourable to him or her when you have children involved, perhaps from a previous marriage. Common law and same sex partners may or may not be recognized as eligible to inherit. A close relative you cannot stand the sight of may be first in line if you have no spouse or children. Read our informative website at www.willsandestates.nyc Finally, it is important to note that in addition to the disposition of your estate, regardless of the value, your will also functions as the vehicle through which you will make your final wishes known. You will appoint a trusted executor/executrix to a position of authority to administer your

Changes in Tax Laws It can be hard to stay up-to-date on constantly changing tax laws, but it’s necessary to keep your final document in good legal standing. Especially if your will takes actions to address estate tax issues, it’s a good idea to receive periodic reviews by an attorney. Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish. Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament. Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

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Tips to Keep Your Brain Active BY CHRIS TOBIAS

he older you get, the more difficult it becomes to keep your brain active. But there are ways seniors can stay in shape mentally and even build new neural connections that will help them stay sharp later in life. Mental decline is just as damaging and difficult to cope with as physical decline, so it's important to try and combat this as much as possible. How can you do this? 1. Stay Active Exercise as a senior citizen is vital for the maintenance of brain health, and even more so for the prevention of cognitive decline with age. In a bid to stay sharp and limit brain atrophy later in life, seniors should take advantage of all types of brain-boosting exercise from walking to gardening. The benefits can be seen in the brain's memory center and will vastly improve brain function even when you're asleep. All types of physical activity are good, even just 30 minutes a day of slow movements can make a difference. 2. Use Puzzles and Memory Games Whether you're into puzzles or memory games, or both, they stimulate areas of the brain that are important for

attention, concentration, and memory recall. For example, in one study participants were given a set of puzzles to do twice a week. These participants showed signs of reduced brain atrophy in certain areas of the brain. Another study showed that crossword puzzles might reduce the risk of cognitive decline via their effect on improving cognitive reserve. Alternatively, there are certain ways to stimulate your brain beyond the classic tic-tac-toe or crossword puzzles. A study called Revitalizing the Aged Brain found that playing chess on a regular basis caused normal cognitive aging to slow down. Chess can also influence changes in the prefrontal cortex, which is where decision-making happens, and the white matter of the brain, which helps with problem-solving. 3. Brush Up on Your Social Skills Seniors should make an effort to engage in one-on-one social interactions with other people because it improves communication skills and increases the connections between different areas of the brain. Added to this, being social helps prevent mental illnesses such as anxiety and depression, both of which negatively impact the way your brain works. Overall, there are a great number of health benefits to

staying social and interacting with others. 4. Read Fiction Although it's not clear why it's so beneficial, reading fiction can help improve reading comprehension and memory recall. It is thought that this is probably because people who read a lot tend to have bigger vocabularies, which makes it easier for them to make connections between different types of words when exposed to a larger amount of written materials. 5. Get Enough Sleep Sleep is critical to the prefrontal cortex function, which is responsible for both memory and executive functioning. One study looked at the connection between not sleeping enough and cognitive decline. It's also believed that cognitive impairment in people with insomnia is due to a lack of deep sleep. 6. Participate in Arts and Crafts One of the best ways to stimulate the brain is through art. Being creative, activating your imagination, and seeing things differently all help keep your brain active. Regularly participating in arts and being creative also improves people's ability to make decisions. 7. Deal with Stress Stress can inhibit the release of hormones in the brain that help to support memory and learning. Stress will only ever affect you and your brain negatively, so find out how you best deal with your stress, whether that be seeking therapy or increasing your exercise. 8. Never Stop Learning The brain is a "use it or lose it" organ, and this means that the more you challenge yourself to learn new things, the healthier your brain is going to be. Learn something new every day, whether it's a language, a musical instrument, or anything else that stimulates your brain. Remember that the older you get, the more it's important to keep learning things that help you stay mentally fit and sharp. 9. Eat Brain-Boosting Foods Specific nutrients can help you think better and improve your cognitive function. Dozens of studies have found that seniors who eat foods rich in omega-3 have been proven to be less likely to develop dementia, most likely due to the fact that DHA (a type of fatty acid) is involved in neuron communication. Seniors should take a high-quality fish oil supplement as well, which will help their brain function better and stay sharp. It's important to have a healthy and balanced lifestyle that includes regular exercise, social interactions with those your own age, helping others, and performing arts and crafts. If you're under a lot of stress, then it's important to find ways to cope with it to not become mentally frazzled.p

Choosing An Estate Attorney

rganizing your estate can be overwhelming without the help of an expert. With the assistance of an estate planning attorney, you can discuss your vision for your assets before death. Don’t risk creating a plan that doesn’t specify your decisions to the exact details. When searching for a specialized attorney, it’s important to chat with a few different experts in your area. Make sure you feel comfortable in their office as the discussions of finances and final wishes can be intimate. Once you find several attorneys to interview for the role, here are some questions you should ask before deciding: How Long Have They Been Practicising Estate Planning Law? Many general attorneys will advertise that estate planning is a part of their practice. They can be a great help when creating legal documents like a will, health care directives and power of attorney. However, if your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the ever-changing laws and know how to protect your legacy. You should also know how long they have been in practice. Someone who has extensive experience in the industry has likely discovered flaws in previous cases and has learned how to correct them. Ensuring your final wishes are in good hands, is great peace of mind for both you and your loved ones. Do They Regularly Update Plans? To stay on top of your estate, find an attorney who offers an updating and maintenance program. The service may cost more, but they will contact you throughout the year and discuss new techniques, life-changing events which may impact your plans and alterations to laws. Working with a lawyer who stays in contact with you about your estate plan ensures your documents will be up-to -date when it’s needed. How Do They Charge? Estate planning is necessary to prepare your family before your death. Ask about the fees the attorney charges. During the interview, find out if he or she charges a fixed rate or hourly. You don’t want to be surprised with unexpected fees. p

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JOBS & RECESSION

Important Steps to Take If You’ve Been Laid Off BY CHRIS TOBIAS

ay offs have been happening by the thousands and it seems no business is safe from closing or laying off employees. If you’ve been one of the many who have been laid off, or if you know that you are going to be laid off in the near future, there are a few important steps you need to take to help you survive the lay off. Get it in writing – Make sure you receive a letter from your employer that you were laid off. Being laid off is very different from being fired or let go for poor job performance and will make a difference in collecting unemployment. It is also important that any prospective employers know that you lost your job due to a lay off instead of being fired. If you haven’t received a formal letter, then you should request one from your employer. Ask for a recommendation letter from bosses and co-workers – The best time to collect recommendation letters is now because you will need these when you begin applying for jobs later. Review your unused vacation or Personal Time Off (PTO) – Keep a record of all unused vacation or PTO that you have and discuss with the Human

Resource Manager at your company as to when you can expect to be paid for these days in full. Some companies will add this to your last paycheck while others will pay you this amount in a separate check. Make sure you understand when you will receive this money, so you know when to expect it. This extra money will be a great help now that you are no longer working. Discuss severance pay – While some companies openly offer severance pay to the employees they lay off; others do not offer it at all. Ask your employer about severance pay if you are unsure of whether or not you will receive any so you know right away what kind of compensation you can expect. Discuss continuing insurance with your employer – If you were receiving

health benefits at your job then you do have the right to continue coverage under the company plan for up to 18 months under the Consolidated Omnibus Budget Reconciliation Act (COBRA). However, you will be expected to pay the entire premium instead of your current employee portion. In many cases it is still less expensive to stay on your company plan because group insurance costs far less than individual insurance. If the premiums are too high for you to pay you may want to check into state sponsored medical insurance until you are able to find a new job. File for unemployment benefits – You should file for unemployment benefits as soon as you receive your notice of being laid off. Depending upon your state and situation, you can receive 6 to 12 months of unemployment benefits. Extensions

may also be granted depending upon your situation. If you have computer access you can apply online at your state’s unemployment website. Manage your finances – Once you know how much money you will be receiving through severance pay, vacation or PTO payouts and unemployment benefits you should scrutinize your finances and see where you can trim the fat. Realistically, it takes up to six months to find a new job and you need to make the money you have last throughout this time period. Don’t rely on credit cards to get you through this period or you will find yourself deep in debt by the time you find a job. It is better to cut your spending as much as possible, so it won’t take you years to pay off bills from this time period. Find opportunities to enhance your skills – Being laid off is devastating, but it can also be a time for you to expand on your skills and education. Take advantage of any classes or programs your former employer offers to help you assimilate into the job market. Check for state or federal programs that offer free classes to the unemployed to enhance their skills or learn new ones. The more knowledge you acquire, the more marketable you will be when you apply for a job. Network – The more people who know you are looking for a job, the greater chance you have of running into someone who may know of a job that is right for you. Let family and friends know you are looking for a job and ask them to keep an eye out for one for you. Keep an eye on legitimate internet job search sites for jobs in your area. Use your free time to volunteer at your church, local senior center, children’s school or any other place you enjoy supporting and network with the people you meet at these places. Since 70% of all jobs are found through networking, the more people you come in contact with the better chance you have of finding a new job. Stay positive – It’s hard to look on the bright side when you are struggling to find a new job but it is best to keep moving forward than to sit and do nothing. Work on improving your strong points and learning new skills that will make you a more valued employee. Even though it was not your choice to be out of work, this is a good time to work toward acquiring a job you will enjoy and will hopefully be even better than the one you had before. It isn’t easy losing your job, but it helps to know what you should do in the event of a lay off. By being careful with your money and keeping yourself busy learning new skills and networking, you will hopefully find a new job that is even more rewarding than the one you had before.l

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LOVE & RELATIONSHIPS

Why Your Loved One Stays In a Toxic Relationship and How You Can Help Other reasons: Threats The abuser may threaten to harm the abused, children, friends, and other family members of the abused if the victim leaves. Isolation Abusers mostly isolate their victims from family and friends, making the abused feel lonely and unsure of the love of others. The abused may opt to stay with the abuser rather than risk being alone.

BY MARY CAMPBELL

our friend or family member is struggling with an abusive relationship. Things have been so bad on several occasions that you have been convinced they would leave their partner. But this does not happen. What's the problem? An abusive, toxic relationship is one in which one party controls or subdues the other. They do this through manipulation, humiliation, physical violence or its threat, guilt, and shame, among other mechanisms. The abuse can be emotional or physical. Looking from the outside, you may wonder why your loved one does not leave the relationship. To an outsider, leaving a toxic relationship should be easy. Not quite. Every situation is different, and no approach suits all relationships. But one thing is clear - leaving a toxic relationship is not easy. Below are reasons that may hold back a victim. Practical considerations: Does the person have a place to live? What if there are children? Will the

abused take the children or leave them with the abuser? Financial considerations may also make it difficult to leave. If the abused is not financially independent, they may not be able to pay for accommodation. Is the person dependent on their abuser for immigration benefits (Green Card)? Psychological reasons: According to experts, psychological abuse does not happen overnight. It starts with an innocent-sounding criticism, a harmless (you think) insult here, an off-hand comment there. Over time,

the insults become habitual. However, the disparaging comments are peppered with episodes of affection, making the abused believe the loving side is the abuser's real self. As a result, your friend stays in the relationship because they are trying to win back the abuser's affection. And the abuser most likely blames the abused for the situation. "If you were not so annoying, things would be okay between us," the abuser says. "If only I did not make him angry, then he wouldn't hit me," the abused thinks to herself.

So, what can you do to support your loved one? • Give a listening ear Offer a sounding board to your loved one. Listen without judging and without apportioning blame. Your loved one has to decide to leave the toxic relationship—no one else. Encourage the abused to seek professional help but let them know you are there for them. • Share your story If you have been and successfully left an abusive relationship, share your expericontinued on page 21

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LOVE & RELATIONSHIPS Don't Break the Bank During Wedding Season in the 'New Normal'

Toxic Relationship continued from page 20

ence with your friend. Make it clear that you're not judging them but are ready to stand by them when they are prepared to leave the abuser • Reaffirm your friend Let your friend know that you believe in them. In as many ways as you can, let them know that they are strong and can survive on their own. To a person on the outside, ending a toxic relationship may look as easy as walking out. However, it's really complicated for the person on the inside. It takes meticulous planning. The person leaving a toxic relationship needs a safety net. She needs a plan. This is where you come in - to give substance to these plans. Encourage your loved one to seek professional help. • Don't give ultimatums Don't give your friend an ultimatum. Don't tell them, "You must leave by next month." Just be there for them and let them know that you will help them when they are ready to leave. • Don't shame Don't shame your friend in front of their abusive partner. Remember, you can't force your relative to leave the abusive relationship. You can only offer support when they are ready to go. • Take care of your emotional health Even as you care for your friend, don't neglect your emotional health. Care for

W yourself, as you can only care for others when you look after yourself. Set yourself boundaries as you offer emotional support to protect yourself. • Stay safe Both you and your loved one should stay safe. If the abuser is violent, make sure you don't endanger your loved one or your life. If your loved one feels unsafe in the house with the abuser, help them move to a safe place. Please encourage them to seek legal advice and counseling services. Bottom line You can't make your loved one leave a toxic relationship. However, you can love and support them. Be firm with them when they are indecisive and be there when they finally decide to walk away from the destructive relationship.l

eddings are back with a vengeance and with that comes spending time and money for gifts, travel, and maybe even being a part of the wedding party. A recent Zelle® consumer behavior report says that 52% of people are likely to attend a large gathering in 2021/2022. Yes, weddings will be a lot for the bride and groom, but what about the wedding crew and guests who are filling up their schedules with celebrations? How do you make sure to respect the happy couple and your wallet? Here is a checklist of what to do and how to not get too caught up in celebrating that you put yourself into debt for the newly invigorated wedding season.

social events you can attend based on your comfort level and funds.

1) Prioritize your event schedule: Many postponed weddings are now back on, which means that your social calendar is way busier than it used to be - no more virtual bachelorette parties in your pajamas. However, please don't feel pressured to do it all. Pace yourself and prioritize which weddings and

4) Remember to celebrate: It's been a challenging year, and the great news is that people are starting to gather together again to commemorate new beginnings safely. Try to take a deep breath, go through your checklist and enjoy this moment!l(BPT)

2) Create a wedding spending budget: If you are part of a string of bachelorette duties and events, that can take a toll on your wallet. Estimate how much you will be spending for that wedding and if it doesn't meet your budget, have a conversation about what you can be comfortable with and work together with your crew. 3) Give the newlyweds the gift of money: Through a pandemic and all the difficulties people have faced in the last year, physical gifts and registries have become less of a focus for brides and grooms

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WELCOME TO AMERICA

Fear of Another 9/11 Continues to Drive US Immigration Policy 20 Years Later BY WALTER EWING

he September 11th terrorist attacks not only led to the tragic deaths of 2,977 people, they fundamentally changed the nature of immigration law and policy in the United States. Since 9/11, the U.S. government has viewed every non-U.S. citizen seeking to enter the country as a potential threat. Foreign tourists and students, temporary workers, permanent immigrants, refugees, asylum seekers, and undocumented immigrants are all now evaluated first and foremost through the lens of national security. The goal of preventing foreign terrorists from ever again mounting an attack within the United States is certainly understandable. But politicians have used the fear of another terrorist attack to justify harsh immigration policies that stereotype and dehumanize any non-citizen who wants to visit, work, or live in the United States. This often comes at great cost to civil liberties and with little

value to counterintelligence. And while the anti-immigrant policies of the Trump administration were particularly egregious in this regard, no presidential administration of the past 20 years has managed to move beyond the fear-driven policies of the post-9/11 era. The single-minded focus on security after 9/11 was exemplified best by the decision in 2002 to dissolve the Immigration and Naturalization Service (INS) and assign its functions to the newly created Department of Homeland Security (DHS). The primary mission of DHS was to prevent another terrorist attack on U.S. soil. DHS not only took over the immigration enforcement duties of the former INS, but also became responsible for providing immigration benefits, such as the granting of U.S. citizenship, lawful permanent residence, and work authorization. For decades before it was absorbed by DHS, the branch of the INS that had granted immigration benefits viewed its work through a different lens. Part of its

mission was to provide decent customer service to people who were applying (and paying for) benefits. But that mindset changed completely once DHS took over the job. Under DHS, the primary goal was to prevent potentially dangerous individuals from obtaining benefits rather than ensuring that qualified individuals obtained benefits in a timely fashion. The security-first mentality of the U.S. government after 9/11 also became apparent in the harsher treatment of

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refugees and asylum seekers. Some asylum seekers saw their claims denied because they had been forced to flee their home countries using fraudulent documents—even though they obviously could not obtain valid documents from the governments that were persecuting them. Even victims of terror groups were denied access to asylum or refugee status because they had been forced at gunpoint to provide material assistance to their captors. At a broader level, 9/11 caused many policy makers and much of the public to lose sight of the fact that immigration is a complex economic, political, social, and historical issue. Under the prevailing post-9/11 mindset, creating immigration policy has become little more than devising new ways to keep potentially “bad” immigrants out of the country. But managing migration is a much more complex task, which requires recognizing the benefits of immigration. The United States was once close to creating a better-managed immigration system. In the weeks before 9/11, the administration of a Republican president—George W. Bush—came very close to negotiating a migration accord with Mexico that would have included the creation of a pathway to legal status for undocumented immigrants who have lived and worked in the United States for many years. This effort was based on a commonsense recognition of the long-standing historical ties between the two nations, as well as the degree to which undocumented immigrants (particularly from Mexico) had become integrated into the social and economic fabric of the United States. Unfortunately, 9/11 obliterated the possibility of such an accord. The post-9/11 obsession with security continues to hold back the formulation of any new plan to comprehensively manage migration. Instead, policymakers have spent 20 years throwing more money, resources, and personnel into immigration enforcement along the border and in the interior of the country. The rationale behind this never-ending series of enforcement-only measures is that we can’t risk creating a new and better immigration system until we’ve become truly “safe” by keeping out or kicking out a sufficient number of “bad” immigrants. However, there is no magic number of deportations or expulsions at the border that will guarantee us absolute safety from foreign terrorists—not to mention home-grown extremism. Fear will not save us from another terrorist attack. But fear will prevent us from creating an immigration system that is more reasonable and humane than the dysfunctional system to which policymakers have been clinging for two decades.l

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The Immigrant’s Journal - Vol. 146

Articles inside

Why Your Loved One Stays In a Toxic Relationship and How You Can Help