The Immigrant’s Journal - Vol. 152 by IQ INC.

The Immigrant’s Journal Vol. 152

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

www.theimmigrantsjournal.com Tel: 718-243-9431

December 2, 2021

Email: immjournal @aol.com

Medical Care for Undocumented Immigrants in New York City: A Help Resource BY LINDA NWOKE SPECIAL TO THE JOURNAL

Dr Chokshi: Wrong Time for the Flu, Right Time for the Flu Shot....15

here are several reasons people leave their home country for another, and one of such is for medical reasons. Sometimes, it can be for a short or long-term basis, depending on individual circumstances. In the United States, three central components aid accessibility to medical care for immigrants: first, the foreign national needs to provide treatment documents for medical procedures that align with what was given from their home country, secondly the treatment must be a necessity continued on page 4

Omicron: What We Don't Know About the New Variant of SARS-CoV-2 ....21

CM Menchaca: Pass Legislation Protecting immigrants ....6

Clarke, Meng, Torres, Issue Joint Statement Urging Secretary Antony Blinken to Amend the Diversity Visa Program

ashington, D.C.: Congresswoman Yvette D. Clarke (NY-09) joined by Congresswoman Grace Meng (NY-06), Congressman Ritchie Torres (NY-15), and 46 of their colleagues, sent a letter to Secretary Antony Blinken urging him to either rescind or amend the Diversity Visa Program and remove the unnecessary restrictions of the Passport Rule: “The Diversity Visa Program was originally created, within the State Department, to grant visas to countries

with low immigration rates to the United States. The Trump Administration made many unsuccessful attempts to end the program all together, however, they were successful to include more restrictions and hurdles for applicants. By way of the unnecessary requirements of the Passport Rule, applicants from developing countries are too restricted and overburdened to participate in the Diversity Visa Rep Clarke. Editorial credit: lev radin / Shutterstock.com

continued on page 2

Tax Planning Guide for Immigrants ....7

Brian Figeroux, Esq.

Marijuana Amnesty: Immigrants, Here’s What You Need to Know Now....18

The Five Pillars of Building a Strong Relationship ....19

HOW TO GET A GREEN CARD

2 TPS Applicants May Now File Forms I-821 and I-765 Online

Diversity Visa Program/ continued from page 1 Program. This has significantly undermined access to the Diversity Visa Program, as well as tarnished the symbolism and spirit in which the program was enacted; to encourage “new seed” immigration from regions and nations that did not send many immigrants under our family or employment-based systems. That is why, I am urging Secretary Blinken to rescind or amend the 2019 Interim Final “Passport Rule” that requires applicants to invest in a passport before they are able to apply for the program. Because the chances of winning the lottery are very low and the financial burden is disproportionately high, this rule affects millions of applicants discouraged from applying due to the costs associated with obtaining a passport they may never get to use. We are a nation of immigrants and diversity is not just our strength, it is our superpower. It is a fundamental understanding of our commitment to human rights. And so, we must make it easier to accept newcomers, not harder, ” said Congresswoman Yvette D. Clarke. “The Diversity Visa Program has been a long-standing initiative in our country, promoting a core value that our nation was founded on; that people from all backgrounds can come to the U.S. in search of a more prosperous life and to achieve their American Dream. But the

Rep Meng. Editorial credit: lev radin / Shutterstock.com

Trump administration, fueled by its antiimmigrant agenda, implemented the Passport Rule that placed massive financial burdens on immigrants by requiring applicants to obtain a passport before they are able to enter the Diversity Visa lottery. This Rule is unconscionable and antithetical to the original intent of the Diversity Visa Program. We are a nation founded by immigrants and a nation made stronger by its diversity. Requiring potential applicants to hold a passport prior to applying for the Diversity Visa lottery only acts as a deterrent to millions of potential new Americans. That is why the Secretary must take action on this

Rep Torres. Editorial credit: lev radin / Shutterstock.com

rule. We eagerly await his response to our letter,” said Congresswoman Meng. "The Trump Administration’s xenophobic immigration policies have left a hateful stain on our nation’s legacy. It is incumbent upon the Biden Administration to rescind all of the last Administration’s harmful policies. The repeal of the “Passport Rule” to the Diversity Visa Program is yet another important step in reversing racist policies and restoring our commitment to human rights. As a global leader we must enact policy that reflects our values of inclusivity and diversity, " added Congressman Ritchie Torres.l

s of Nov. 29, all applicants eligible to file for Temporary Protected Status (TPS) under one of the current designations may file Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, online. The following countries are currently designated for TPS: •Burma (Myanmar) •El Salvador •Haiti •Honduras •Nepal •Nicaragua •Somalia •South Sudan •Sudan •Syria •Venezuela •Yemen First-time TPS applicants and TPS beneficiaries who are re-registering may apply for TPS online. Applicants can request an Employment Authorization Document (EAD) by submitting a completed Form I-765 with their Form I-821 or may submit their Form I-765 separately later. However, filing both forms together may help applicants receive their EAD more promptly. l

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TIME FOR ACTION

On Immigration, Senators Have the Last Word BY DAVID TORRES, AMERICA’S VOICE

Legal Advisor Brian Figeroux, Esq. Managing Editor & Editor-in-Chief Pearl Phillip

ometimes downtrodden, other times moderately hopeful, the much-delayed immigration reform has been, in contemporary U.S. history, an episode of highs and lows that, if it did not carry with it the lives of millions of human beings, would be nothing more than a minor, anecdotal blip in history. But it turns out that over the last three decades, the promise of immigration reform has been the most concrete foothold for hundreds of thousands of working families who persist in believing that, even today, something good is just around the corner, something that will fully integrate them into this American social experiment for which they have literally sacrificed everything—from the abandonment of their countries of origin, to the impossibility of returning to see their loved ones over the course of decades. Sometimes even, they will never get to see—or embrace— them again. That is why when new hopes for an immigration reprieve surge, as with the recent 220 to 213 vote in the House of Representatives to approve the Build Back Better (BBB) Plan, something changes in the immigrant’s psyche that keeps him from lowering his guard in this endeavor to be considered, finally, as subject to the full rights of their adopted country. And although this piece of legislation only provides initial work permits and protection from deportation for 10 years, just the possibility of working without fear of being expelled from the country restores a moment of serenity. That, always with the intention of not forgetting that the original battle was and still is the migration regularization of more than 11 million undocumented people, so that they can subsequently obtain a path to citizenship. Incomplete as it is in the interests of those millions of undocumented immigrants and their allies, the BBB’s approval has now moved on to the Senate, for both debate and a subsequent vote, in the middle of a cloud of speculations and discouraging scenarios—like the foolish posture of Democrats Joe Manchin (WV) and Kyrsten Sinema (AZ), as well as Senate aide Elizabeth

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Senior Writer Linda Nwoke Graphic & Website Designers Praim Samsoondar Kendrick Williams Anvar Sabirov Email immjournal@aol.com Visit www.ijlef.org www.falaw.us www.cawnyc.com

Editorial credit: Ryan Rodrick Beiler / Shutterstock.com

McDonough. But that does not stop being a political impasse that gives rise to a new chance for hope. There are complaints, of course. Especially toward the group that has promised the most, but also demonstrated its weakness, the Democrats, when it comes to making what was so hoped for, finally a reality. Also pointed to is the recalcitrant and hypocritical Republican block, which not only opposes any immigration benefit for political-ideological reasons, but has also been capable of exalting the most anti-immigrant and racist U.S. president in recent history for four years (2016-2020). But beyond the mutual accusations, what should be prioritized is not who wins more applause from their respective followers, but who is capable of truly and viscerally understanding what it means to migrate in this 21st century, which promised to be an entirely different economic and political scenario, supported by technology, which supposedly would help to resolve many of the most pressing problems on the planet. However, we have already seen this was wrong; that this century has been the paradoxical platform in which the distance between those who have everything and those who have nothing has been exacerbated; a century in which millions of human beings continue to be displaced all around the planet, searching for safety, while the fortune of the richest man in the world, disgustingly, becomes more important news; a century in which

the formulas to end poverty collide with the perverse formulas to continue maintaining it, or making it even worse; a century, ultimately, in which a deadly virus has set the tone for the mobility or stagnation of societies worldwide. It is not yet known whether the final will of the U.S. Senate will lean toward the historic posture of benefiting, even now, millions of undocumented immigrants who have demonstrated their labor, social, cultural, economic, historic, linguistic, fiscal, and political power—in spades. What is known is that while the Senate continues to be an obstacle for immigrants, and opposes their full inclusion in this country, antiimmigrant forces will continue to rearrange and fortify themselves, with the only goal of demonizing, insulting, and attacking a phenomenon like the migratory one that they don’t feel like studying or understanding, but from which they also are and have been sprung—accept it or not. And that, to summarize, could become the preamble of another barbarism against democracy, which worked so well for the most anti-immigrant sector of the United States. l The mission of America’s Voice (AV) and America’s Voice Education Fund (AVEF) is to build the public support and the political will needed to enact policy changes that secure freedom and opportunity for immigrants in America.

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

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IMMIGRANTS’ CONCERNS

4 2. Employment: Through their employer or union, however, most work in lowwage jobs that don't provide these benefits. For those who form a union to access these benefits, the fear of employer retaliation prevents them. 3.Government-assisted health care: Care is obtained through government-funded hospitals running under specific programs.

Medical Care for Undocumented Immigrants/continued from page 1 and cannot be found in the home country (sometimes), and lastly, there must be evidence of ability to pay for the medical services. Case Study Ms. Jackson has been diagnosed with a rare type of cancer that can be treated effectively in the United States. As part of the required documentation, Ms. Jackson will need a valid and current B-2 visa to travel into the country. To qualify, she will need a verifiable healthcare document from her home country doctor, a U.S.-based doctor's letter, and an immigration plan. She will also need to show evidence of her permanent residence, a valid passport to return home, a treatment plan, and finance to pay for the healthcare services. For the B-2 visa, she may need a lawyer to assist with any technical and administrative problems that may arise through temporary stays in the United States or any issues that could happen later. However, suppose Ms. Jackson overstays the approved time on her visa, even after an extension, and finds herself unable to regularize her stay. In that case, she will end up staying illegally in the country and be classified as undocumented. Suddenly, she discovers that the earlier signs and symptoms of the cancer are back. What are her options? Medical Care for Undocumented Immigrants The undocumented remains a vulnerable population in many advanced countries, especially the United States, affecting all aspects of their lives, including health. Undocumented immigrants are individuals born outside the United States, who have entered the country without documents or authorization, or those who were legally authorized to enter but remained after their visa had expired. Ms. Jackson is an example of one whose application for immigrant status has not been resolved. According to data from Kaiser Family Foundation, as of 2017, over 10 million undocumented immigrants in the United States regularly face barriers to accessing health care because of a lack of insurance, resulting in a delay or living without needed healthcare. Spontaneously, when they need medical care, they are unlikely to seek help, but when they do, it is on their own, often at a critical stage. As they confront factors like language barrier, prohibiting policies, fear of deportation, and a lingering psychological impact left from the dark shadow cast by the Trump regime among the undocumented population. Medicaid and the Undocumented Immigrant According to Federal law, all hospitals are mandated to render medical treatment such as screening and stabilizing any patient that seeks emergency care. Some states also cover some aspects of medical care through a partnership under

Medicaid; however, this is predominantly for Americans and documented immigrants. Medicaid is the nation's public health insurance program for people with low income. It also provides comprehensive coverage and financial protection for the majority of working families. The insurance covers long-term care for millions of seniors, children, and people of all ages with disabilities in nursing homes and the community. Due to the COVID-19 pandemic, the loss of jobs and income have increased the impact of previously non-existent healthcare coverage of undocumented immigrants. Their ineligibility to apply or purchase from the Affordable Care Act (ACA) Marketplace because of prohibitions in the legislation makes the case worse. Though Undocumented, Yet They Remain 'Essential' Sometimes people think that undocumented immigrants are parasites in the system, yet, evidence from 2017 tax revenue records show that they paid over $25 billion in taxes. Furthermore, the COVID-19 pandemic substantiated the role that over 70 percent of undocumented adults contribute to the country's labor force. The Center for American Progress report shows that over 4 million undocumented immigrants perform essential work in multiple sectors. Sectors like agriculture, construction (building maintenance), essential services - grocery stores, restaurants, laundromats, domestic work; and healthcare serving as care workers in hospitals, nursing facilities, and private homes. Yet, most of them cannot access proper health care for themselves, even though they are most at risk of contracting the virus. These workers were evidenced by the large population of such essential workers who got sick during the pandemic. The crisis within the meat processing sector, when over 40,000 workers got exposed during the height of the pandemic, comes readily to mind. Many undocumented immigrants may have undiagnosed conditions and diseases that go untreated, causing premature death. Moreover, due to their often physically demanding jobs, they are exposed to an increased risk of workplace injury and chronic conditions from intense manual work. And continuously deal with critical

social, financial, and health problems with no help because of their immigration status. Critical Facts about Medical Insurance for Undocumented Immigrants Data shows that over forty million people within the United States are uninsured or underinsured. Most undocumented immigrants are more likely than other U.S. residents to be uninsured, which creates barriers to healthcare. They are also unable to pay for the health care they need because of the concern about the financial implications of the care they seek or might receive. Without insurance, undocumented immigrants are constrained to limited and specified health facilities. Some of these locations charge on a sliding scale. However, they may qualify for emergency Medicaid, which covers access to healthcare during an emergency medical situation. Undocumented immigrants cannot enroll in Medicaid, Medicare, or the Children's Health Insurance Program (CHIP). They cannot buy insurance through the Affordable Care Act (ACA) marketplace, making affordable healthcare more difficult. Many may not have access to employersponsored health plans because they work in industries that usually don't provide insurance or the coverage offered is unaffordable. Hence the healthcare system appears bewildering for people and wildly expensive for those without insurance—or those whose insurance doesn't cover enough. However, it is not all gloomy and depressing. A few options are available, including safety-net institutions where patients can receive heavily subsidized or free medical services. Although, they vary by a couple of factors, including where you live, the kind of treatment required, and other peculiar circumstances. Health Care Options Available to Undocumented Immigrants There are three main options for undocumented immigrants to have access to health care coverage: 1.Through a spouse: They can buy private insurance or receive coverage through a spouse; however, the fear of declaring their immigration status or high premiums serves as a deterrent.

The National Association of Free and Charitable Clinics (NAFC) has over 1,300 free clinics in the United States. They are considered a safety-net hospital that provides uninsured people with low incomes and undocumented immigrants regardless of ability to pay. They are also called county hospitals, public hospitals, or essential hospitals. You can find a safety-net hospital on this state-by-state list or by searching online for a safety-net hospital, county hospital, general hospital, or critical hospital in your area for the list of qualifying organizations. Undocumented immigrants can also receive medical care at Federally Qualified Health Centers (FQHCs), urgent care clinics, public hospitals, and emergency rooms — regardless of immigration status. Specifically, FQHCs, or Community Health Centers as popularly known, provide primary care services and specialty care to undocumented immigrants. This is the most viable means for most undocumented immigrants to receive medical services. Another category is Charity-run free clinics or health centers that receive funding from programs to provide free or low-cost health care services. However, they charge patients on a sliding fee scale based on their ability to pay. They also have limited access to specialized care if needed. And of course, undocumented immigrants are allowed to seek emergency care under the Emergency Medical Treatment. Since federal law, Labor Act (EMTALA) requires hospital emergency rooms that accept Medicare to treat patients—including the undocumented— with life-threatening emergencies. However, patients, including the undocumented, can be served an enormous bill beyond their affordability, as hospitals are allowed to charge for providing emergency services. Thus, making them forego specialized care and treatment and limit themselves to primary care services only. In New York, one notable, though limited in scope program called the HillBurton program, provides funding to health care facilities and hospitals that provide a specified amount of reduced or free cost health care to low-income people. To apply, individuals must go to the business office at a Hill-Burton facility or check the directory of Hill-Burton facilities (HRSA) to confirm eligibility before going to the health facility. Some organizations that run on the program include: 1. Bronx-Lebanon IDC, 1276 Fulton Avenue, Bronx 10456, 718-299-6910. (Outpatient Facility) 2. Bronx-Lebanon SP CC, 1265 Fulton continued on page 5

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IMMIGRANTS’ CONCERNS Medical Care for Undocumented Immigrants/continued from page 4 Avenue, Bronx 10456, 718-590-1800 (Nursing Home) 3. Morris Heights HLTH CTR, 85 West Burnside Avenue, Bronx 10453 (Outpatient Facility) 4. Bushwick Clinic, 22 Chapel Street, Brooklyn 11210, 718-260-2968 (Outpatient Facility) 5. Kings County Hospital CTR, 451 Clarkson Avenue, Brooklyn 11203, 718245-3131 (Outpatient Facility) 6. Sunset Park Family H C, Lutheran Family Health Centers, 150 55th Street, Room 2062 7. Orange Co Home & Infirm, BOX 59 Quarry Rd, Goshen 10924, 845-2914740 (Nursing Home) 8. Coler Memorial Hospital, Franklin D. Roosevelt Island, NEW YORK 10044, 212-848-6027 (General Hospital) 9. Harlem Hospital Ctr, 506 Lenox Avenue, New York 10037, 212-939-1000 (General Hospital) 10. Open Door Family Medical Center, 165 Main Street, Ossining10562, 914941-1263, (Outpatient Facility) 11. Morris Heights Health Ctr,85 West Burnside Avenue, Bronx 10453 (Outpatient Facility) Private Institutions and Medical Care for the Undocumented Although some non-profit institutions and organizations provide free medical

services to the uninsured or low-income individuals, they are few, and awareness is low, especially in New York. Thus far, the Institute for Family Health, funded by Robin Hood, provides free health care services in their Saturdayonly clinics at Bronx and Manhattan. They also have four other locations of operation: •Amsterdam Health Center: 690 Amsterdam Avenue at 94th St., 212-8654104 •East 13th St. Family Practice: 113 East 13th St., 212-253-1830 •Phillips Family Practice: 16 East 16th St., 1st Floor, 212-206-5200 •Sidney Hillman Family Practice: 16 East 16 Street, 3rd Floor, 212-924-7744 Interestingly, New York City, under its

NYC Care program, offers more comprehensive coverage for undocumented immigrants. NYC Care for the Undocumented Immigrant Launched in 2019, under Mayor Bill de Blasio's administration, NYC Care partnered with the NYC Health + Hospitals publicly funded system (HHC). NYC Care provides no and low-cost health care services to New Yorkers, especially unqualified or unable to pay undocumented immigrants, health insurance— regardless of their immigration status. The program operates similarly to health insurance by enrolling members and providing them a membership card, making them eligible to receive care from a pri-

mary care physician by visiting an NYC Health + Hospital or one of its off-site clinics. This card makes them eligible to receive prescription medications and various services, including preventive care and routine screenings, including mammograms. Service fees, if any, are based on household income and size. Although, there are a few challenges with the program ranging from the limited number of facilities, competing categories of patients for the same services (undocumented vs. low-income Americans), long appointment duration to access specialized care, limited translation services, and no option telehealthcare treatment. Yet, the emphasis is that the program protects the undocumented – as there is no need to reveal immigration status to receive NYC Care health care services in any of the HHC facilities. Next Steps To access these services, there are four significant steps to enroll: •Meet with an NYC Health + Hospitals Financial Counselor •Meet with or call a representative •Go to one of the approved communitybased partners and access care •For more information, call 1-646-6922273.l

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Health

Bill de Blasio Mayor Dave A. Chokshi, MD, MSc Commissioner

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CIVIL RIGHTS

Council Speaker Urged to Immediately Pass Legislation Protecting Immigrants

ew York, NY: On December 1, advocates, including the Immigrant Defense Project, New York Immigration Coalition, sent a letter to New York City Council Speaker Cory Johnson urging him to immediately pass legislation that would allow immigrants to sue the city whenever they are wrongfully turned over to immigration authorities. There are only two council voting sessions in December before a new council and mayor takes office. The letter states: "We are eager to build on the New York City's long-standing commitment to protect immigrant communities, and to create a more robust detainer that protects all New Yorkers. Most immediately, we urge the New York City Council to pass Intro 2348-2021. The strengthened bill will ensure that when people are detained by ICE as a result of a violation of the City's detainer law — whether because of unlawful transfer by local law enforcement or the unlawful provision of information to ICE — they have the opportunity to pursue a private right of action and, in the process, deter future violations of city law. Without this bill, people

AILA President Allen Orr Responds to Latest Travel Bans

NEW YORK, NY - FEBRUARY 15: Demonstrators call to "Free Them All" during an Abolish ICE (Immigration and Customs Enforcement) protest for Javier Maradiaga on February 15, 2021 in New York City. Editorial credit: Ron Adar / Shutterstock.com

will have no redress for the devastating harms committed against them when the laws are violated." Council Member Carlos Menchaca, Chair of the Committee on Immigration and Chief Sponsor of the legislation, said the following: "How can we say we are a sanctuary city while at the same time allow violations of our sanctuary laws to go unpunished. During an oversight hearing, the

Department of Corrections stated that not once has Immigration and Customs Enforcement (ICE) presented a valid judicial warrant to detain an immigrant. And yet, there are scores of individuals who have been handed over to ICE by DOC and other city officials. Immigrants need a course of relief whenever their rights are violated. Protecting the rights of our immigrant neighbors protects the rights of all New Yorkers."l

ashington, DC: The American Immigration Lawyers’ Association (AILA) President Allen Orr, Esq. stated, “We are dealing with a global pandemic and the news that a new variant of COVID-19 has been identified should be taken seriously and thoroughly reviewed by scientists and public health experts. However, the most credible public health information clearly shows that the imposition of travel bans is not effective at stopping the spread of the virus. We live in an interconnected world and this latest ban ignores the reality that viruses don’t care what nationality you are or where you call home. The latest travel ban is a political response to a public health issue, that only serves to validate xenophobic and racist attitudes. The president should heed his own advice of taking the Omicron variant seriously, but not panic. AILA has recommended common-sense reforms that will help prevent the spread of COVID19, while reopening America, which we implore the Administration to implement." l

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SPONSORED INSERT: TAX GUIDE

The Tax Practice of the Law Firm of Figeroux & Associates

Tax Planning Guide for Immigrants INSIDE: •Immigrants and Taxes •Filing an Amended Return •2021 Child Tax Credit and Advance Child Tax Credit Payments and Commonly Asked Shared-Custody Questions •Taxes and Unemployment: What You Need to Know •Six Ways to Get Out of Debt and Resolving Tax Debt •2021 Child Tax Credit, Advance Child Tax Credit Payments and Commonly Asked Immigration-Related Questions •Why Hire Us?

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SPONSORED INSERT: TAX GUIDE

Immigrants and Taxes

o immigrants pay taxes? The basic answer: yes. Immigrants, including those without documentation, pay billions of dollars in taxes to federal, state and local governments every year. Immigrants paid $492.4 billion in taxes in 2020, including an estimated $30.6 billion in taxes paid by undocumented immigrants. Immigrants have always been, and continue to be vital, to the United States — a country made up of immigrants. Immigrant taxes support local schools, Social Security, and Medicaid, among other programs. However, immigrants are unable to benefit from programs such as Social Security and Medicaid, which are only accessible to permanent residents and U.S. citizens. Immigrant tax contributions help establish a robust tax base, which means that mass-deporting immigrants from the U.S. or preventing new migrants from coming would have disastrous effects on the economy. The data from the New American Economy puts numbers to the important role immigrants play in the U.S. economy. here are some of the highlights: All Immigrants There are some 44.4 million immigrants in the U.S., making up 13.6 percent of the total population. They paid $92.4 bil-

lion in taxes in 2020 and deployed $1.3 trillion in spending power. Some 8.5 million people are employed by businesses owned by immigrants. 15.2 percent of nurses in the U.S. are foreign-born, while 25.9 percent of health aides are foreignborn. These are both critical professions for the aging population of the U.S. — especially in less-populated places. Undocumented Immigrants Undocumented immigrants paid $30.6 billion in taxes in 2020, $11.7 billion of which went to state and local governments, and had a total spending power of $214.8 billion. In 2013, Stephen Goss, the chief actuary of the Social Security Administration said, “we estimate that earnings by unauthorized immigrants result in a net positive effect on Social Security financial status generally.”

The ITIN for Undocumented Immigrants An ITIN, or Individual Taxpayer Identification Number, is a tax processing number that is only available to certain nonresident and resident aliens, their spouses and dependents who cannot obtain a Social Security Number (SSN). It is a 9-digit number, beginning with the number "9", formatted like an SSN. What is the difference between a social security number and an ITIN? The main difference between an SSN and an ITIN is that the SSN is issued to U.S. citizens and authorized non-citizens, while the ITIN is issued to residents with alien status or undocumented immigrants. The latter cannot be issued an SSN, but if they are allowed to stay in the U.S., then they have to pay their taxes. What an ITIN is NOT used for: It is essential to understand that obtaining an ITIN number does not change your immigration status, which means that you will not be able to obtain a permanent resident card. In addition, the ITIN is NOT a Social Security number. Who can apply for an ITIN? •A person who resides in the United States for a period of six months or more and who cannot obtain a Social Security number. •An investor or entrepreneur from other countries who has money invested in a business in the United States. •Foreign nationals, non-residents of the United States who can apply for a tax benefit. What documents do I need to apply for an ITIN? To apply for an ITIN, the applicant's identity and foreign nationality must be proven. The documents are as follows: Passport, identity card, U.S. or home country driver's license, official birth certificate for children under 18, visa, U.S. or foreign military ID, or foreign flyer's card. How do I apply? To apply for an ITIN, you must use Form W-7. How long does the process take? The process to receive an ITIN takes about 7 weeks after filing the application. If you need help applying for an ITIN, call 855-768-8845.l

Filing an Amended Return

here are a few reasons you might need to file an amended tax return. You might have made a mistake on your return, need to update information or take advantage of a tax credit, deduction or other benefit. In fact, each year, about 3 million Americans file an amended return. Here are some tips from the IRS about when and how to amend your return. Correcting Mistakes The IRS recommends filing an amended tax form 1040-X in order to correct your filing status, the number of dependents you claimed or your total income. You might realize your mistake on your own or receive a notice of an error from the IRS. Tax Benefits You can amend your return to claim tax deductions or tax credits that you did not claim when you filed your original return. This might be a mistake or new legislation may have created new tax benefits retroactively. In 2019, for example, three new federal laws provided tax relief to families affected by tragedies and disasters and other changes. Check with your tax preparer to see if you might qualify for any new programs. How to Amend Talk to your tax preparer about how to amend your tax return. If you received a letter from the IRS, provide that letter to your tax professional, along with any requested information. You will likely have to pay a separate fee for this filing service. Amended returns are filed on form 1040-X. You will also need to refile any schedules to which you need to make changes. If you are seeking a tax refund or credit, you must file Form 1040-X within three years after the date you timely filed your original return or within two years after the date you paid the tax, whichever is later, according to the IRS. It can take the IRS up to 16 weeks to process your amended return. In the past, amended tax returns were required to be filed on paper. As of May 2020, they can be filed electronically. l

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2021 Child Tax Credit and Advance Child Tax Credit Payments and Commonly Asked Shared-Custody Questions

hen you're divorcing, there's a lot to comprehend, and emotions are running high. For many couples, working out child custody is one of the hardest—and most critical—parts of a divorce. When children are involved, either the court must decide, or the parents must agree on handling issues like whether and how custody will be shared, who will make decisions for the kids, and how visitation will work. Parents also must make decisions regarding tax issues. According to the Internal Revenue Service (IRS), here are the answers to the most asked questions dealing with shared custody as it relates to Child Tax Credit and Advance Child Tax Credit Payments: My child's other parent and I share custody of our child. How will the IRS decide which of us will receive Advance Child Tax Credit payments? The IRS will determine who receives 2021 Advance Child Tax Credit payments based on the information on your

2020 tax return or your 2019 return if the IRS hasn't processed your 2020 return. In other words, if you claimed the Child Tax Credit for your child on your 2020 return, then you will receive the Advance Child Tax Credit payments. If your child's other parent claimed the Child Tax Credit on their 2020 tax return, then they will receive the Advance Child Tax Credit payments. If you are not eligible to claim the Child Tax Credit on your 2021 return

(the one due in April of 2022), then you should go to the IRS website to unenroll from receiving monthly payments by using the Child Tax Credit Update Portal (CTC UP). Receiving monthly payments now could mean that you have to return those payments when you file your tax return next year. If things change again and you are entitled to the Child Tax Credit for 2021, you can claim the total amount on your tax return when you file next year.

My child's other parent and I have agreed that I'll claim our child for each even-numbered year for federal income tax purposes, while the other parent will claim our child for each odd-numbered year. I claimed the Child Tax Credit for our child on my 2020 tax return. Will the IRS disburse the 2021 Advance Child Tax Credit payments to me even though I won't be claiming the Child Tax Credit on my 2021 tax return? Yes. Because you claimed your child on your 2020 tax return, the IRS will automatically disburse Advance Child Tax Credit payments to you even though you know you won't be claiming your child on your 2021 tax return. When you file your 2021 tax return (the one due in April of 2022), you could have to pay back the advance payments in excess of the Child Tax Credit you're entitled to claim on that return. If you qualify for repayment protection, you may be excused from repaying some or all of the excess amount. continued on page 10

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Taxes and Unemployment: What You Need to Know

Shared-Custody Questions/ continued from page 9

nemployment payments are usually taxed as income by the federal government. That changed, however, in March 2021, when Congress passed the American Rescue Plan. The law provided for people (including joint filers) making less than $150,000 to exclude $10,200 in unemployment benefits from their income when they file their income taxes for the 2020 tax year. Because the change was made in the middle of a tax filing season, the IRS pledged to recalculate the tax bills of most taxpayers who received unemployment benefits and send them refunds. By late summer, however, many people were still waiting on their refunds. Other filers need to amend their tax returns on their own to get a refund. This applies to those who would qualify for additional deductions or credits not claimed on their original returns, according to Forbes. How to Take Advantage If you think you might qualify for a refund based on the new law, first check to see if the IRS is already processing your refund. You can do this by visiting IRS.gov and requesting a transcript of your tax returns. If the refund is not already in the works, speak to your tax

preparer about filing an amended return to take advantage of the new tax benefits. Anyone who receives unemployment payments receives a Form 1099-G, Certain Government Payments, at tax time. You may need to request the form from your state if you did not receive it. Box 1 of the form will show the total dollar amount of unemployment payments you received. You may deduct $10,200 from that amount when you file your tax return, if you qualify for the deduction.

Fraud Some tax filers during the pandemic have found that a criminal using their identity has received unemployment benefits using their name. If this happens to you, immediately contact the police and your state unemployment agency to report the fraud and request corrected forms. The IRS urges taxpayers not to report as income on their tax returns any fraudulent payments they did not receive.l

My child's other parent is receiving the Advance Child Tax Credit payments even though I will be claiming the Child Tax Credit for our child on my 2021 tax return. Will I still be able to claim the full Child Tax Credit? Yes. You will be able to claim the total amount of the Child Tax Credit for your child on your 2021 tax return even if the other parent is receiving Advance Child Tax Credit payments. The other parent should unenroll from receiving advance payments, but their decision will not affect your ability to claim the Child Tax Credit. If you need assistance with this or other tax issues, call 855-768-8845 for a FREE consultation.l

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Six Ways to Get Out of Debt and Resolving Tax Debt carry it to work. This will give you extra coins to pay a few debts.

BY CHRIS TOBIAS

significant percentage of people are dealing with different debts, including student loans, business loans, credit cards, mortgages, and auto loans. Sadly, it can be challenging to get out of these debts. Fortunately, with the right tools and knowledge, you can pay them without struggling. Here are six ways to get out of debt. Don't Add More Debts If you add more debts, you can find yourself in a difficult financial spot. Therefore, you should try as much as possible not to take more debts. For instance, you can take periodical breaks from using credit cards. Reduce Your Expenses It is essential to reduce your costs to save money. Hence, you should have a tight budget, guiding you monthly. This way, you won't spend without planning. Moreover, you should substitute expensive habits with affordable ones. For example, instead of buying coffee every morning, you can make it at home and

Get a Side Hustle If your salary can't clear your debts and still give you a comfortable life, you should get a side hustle. The chances are you have skills that you can monetize. This can be programming, coding, content writing, or web designing. You can also choose to sell your old clothes or list a spare bedroom on Airbnb. You can channel the earnings from these side hustles towards the debts, while your salary helps you attain your goals. Increase the Monthly Payments Debts usually have a minimum amount that a debtor must pay monthly. However, paying the least amount means you will take longer to clear the debt, resulting in a higher interest. Thus, you should increase the monthly payments to speed up the completion. Make sure that you confirm if your loan has a prepayment penalty to avoid misunderstandings.

Pick One Debt at a Time Some people prefer distributing money equally towards all their debts monthly. This tactic works eventually, but you may feel burdened for some time. Therefore, you should resort to picking one debt at time, starting with the highest interest level, and giving it more attention. You will still distribute money to the other debts, but the chosen one will get a significant payment. Consequently, you will notice progress within a short period. Once you finish paying the particular debt, you can move to the next one until they are all done. Apply the Debt Snowball Method The debt snowball method entails paying debts from the smallest to the largest. Thus, you will list down your debts and start paying the smallest one. When it's done, you will put the extra cash in the next smallest debt. Eventually, all your minor debts will be settled, so you will have adequate money to clear the larger ones. Paying debts is viewed as one of the most stressful experiences. However, it

doesn't have to be as you can use the tips discussed above to guide you. You should always work toward getting out of debt if you want to achieve financial freedom. Resolving Tax Debt Having tax debt hanging over your head can be a source of stress and anxiety. The Internal Revenue Service (IRS) has immense power to collect monies owed, which can put a pinch on your financial resources. Resolving outstanding tax debt should be a top priority. If your tax debt is large, you might feel discouraged about resolving it. The IRS, however, will negotiate your debt.It is advisable to get professional help when dealing with the IRS. l

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2021 Child Tax Credit, Advance Child Tax Credit Payments and Commonly Asked Immigration-Related Questions

he Child Tax Credit is typically a credit parents with dependent children receive on their income tax return. In 2021, Congress passed the American Rescue Plan, which made a one-time in-crease in the credit for the 2021 tax year and provided for the IRS to pay half of the credit to taxpayers in equal monthly payments from July through December. Children ages five and younger qualify for up to a $3,600 credit, while children ages six to 17 qualify for up to $3,000. The full credit is available to taxpayers who make less than $150,000 for married filing jointly or qualified widows or widowers; $112,500 for head of household, and $75,000 for single and married filing separate. The credit phases out by $50 for every $1,000 over those limits. The new law made the credits fully refundable, so even those who don’t owe taxes can get the credit and receive a refund. Nearly 90% of children in the U.S. qualify for the advance payments, according to the IRS.

Child Tax Credit. You would receive advance Child Tax Credit payments only if you used your correct SSN or ITIN when you filed a 2020 tax return or 2019 tax return. Advance Child Tax Credit payments will be made for each qualifying child who has an SSN that is valid for employment in the United States.

The Catch The payments could cause some confusion in 2022, because when taxpayers file their tax return for 2021, they will need to reconcile the advance payments with the actual credit they are entitled to receive. In addition, some upper-income families do not qualify for the increased credit, creating some confusion among taxpayers. Immigrants’ Concerns Immigrants have specific concerns. Here are answers to the frequently asked ques-

tions, according to the Internal Revenue Service (IRS): I don’t have a Social Security Number (SSN), but I have an Individual Taxpayer Identification Number (ITIN) from the IRS. Am I eligible for the Child Tax Credit? Yes. You — and your spouse, if married filing a joint return — must have a Social Security number (SSN) or an IRS Individual Taxpayer Identification Number (ITIN) to be eligible for the

Does my child need to have a Social Security Number (SSN) to qualify for the Child Tax Credit? Yes. For your child to qualify you for the Child Tax Credit, your child must have a Social Security Number (SSN) that is valid for employment. Therefore, if your child does not have an SSN that is valid for employment, you are not eligible to receive advance Child Tax Credit payments for that child. What does it mean for the Social Security Number (SSN) to be valid for employment? For qualifying children, a valid Social Security Number (SSN) is one that is continued on page 13

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SPONSORED INSERT: TAX GUIDE Advanced Child Credit/ continued from page 12 advance Child Tax Credit payments for that child. What does it mean for the Social Security Number (SSN) to be valid for employment? For qualifying children, a valid Social Security Number (SSN) is one that is valid for employment in the United States and is issued by the Social Security Administration (SSA) before the due date of your 2021 tax return (including extensions). If an individual was a U.S. citizen when he or she received the SSN, then it is valid for employment in the United States. If "Not Valid for Employment" is printed on the individual's Social Security card and the individual's immigration status has changed so that he or she is now a U.S. citizen or permanent resident, ask the SSA for a new Social Security card. However, if "Valid for Work Only With DHS Authorization" is printed on the individual's Social Security card, the individual has the required SSN only as long as the Department of Homeland Security authorization is valid. Will receiving the 2021 Child Tax Credit or Advance Child Tax Credit payments affect my immigration status or ability to get a Green Card?

No. Under current law, receiving the Child Tax Credit or other Federal tax credits that you are eligible for will not affect your immigration status, your ability to get a green card, or your future eligibility for immigration benefits. Use of Federal tax credits is not considered for purposes of a "public charge" determination by U.S. Citizenship and Immigration Services. As a recipient of Deferred Action for Childhood Arrivals (DACA), am I prevented from claiming the 2021 Child Tax Credit or receiving Advance Child Tax Credit payments for my qualifying child? No. Having DACA does not affect your eligibility. If you and your child satisfy all eligibility requirements, you can claim your child for the 2021 Child Tax Credit and receive Advance Child Tax Credit payments. My child is a DACA recipient. Can I still claim my child for the Child Tax Credit and receive Advance Child Tax Credit payments? Yes. Your eligibility is not affected by your child being a DACA recipient. If your child has a Social Security Number (SSN) that is valid for employment, and you and your child satisfy all other eligibility requirements, you are eligible for the Child Tax Credit and advance Child Tax Credit payments.l

Why Hire Us?

iring a professional tax preparer to do your taxes can be a smart financial decision. The professionals at the Tax Practice of the Law Firm of Figeroux & Associates stay up to date on the newest tax laws and filing requirements. You will find that being sure your taxes are done well is worth the cost. Considerations Here are some things to consider: Time. Filing your own taxes can be a time-intensive endeavor. If you own a small business, you could spend as much as 20 hours gathering receipts and other documentation and entering the information into an online platform. If you could use that time for something more important or valuable to you. Focus on running your business, we will take care of your taxes. Peace of mind. What you get in exchange for the money you spend on your return i with us. When you pay someone to prepare your taxes, you are responsible for providing accurate information. We will do the work of checking for deductions, credits, and other tax programs you might qualify for, as well as filing your taxes properly and timely. If

Brian Figeroux, Esq.

you’re afraid you will second-guess the accuracy of your filing if you do it yourself, we eliminate that fear. We have experience if you’re audited or otherwise contacted by the IRS about your return. Complexity. If you are a high earner, have multiple sources of income, investments, charitable contributions, and other complicated tax situations, hiring us is a smart decision. Knowing the specifics of the tax law is critical in filing a complex return. Take Action Do not hesitate. Get more than a tax consulation, get a financial consultation. Schedule your free and confidential consultation today. Call us at 855-768-8845 or visit www.askthelawyer.usl

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GENERATIONS

Five Signs of Elder Fraud: Are Your Parents and Grandparents at Risk? Financial abuse can be a devastating form of elder abuse. Does reading this make you think about an older person you know? Call or visit and ask how they’re doing.

BY JANET HOWARD

rom romance schemes and catfishing to scary calls supposedly from the IRS, older men and women are often the targets of scams. These scams and scheme, collectively known as elder fraud, taken many forms, but the financial devastation they leave behind is much the same. If you have elderly loved ones, they could be at risk of elder fraud. Worse yet, you may not know the scam has happened, and by then it is probably too late for them to recover. Recognizing these five signs of elder fraud could help you ride to the rescue before it is too late. 1.A new romance, with no signs of the romantic partner Romance scams are common among the elderly, and those scams often arise online. If your mom or dad has a new romantic partner they have never actually met, it may be time to step in with some timely advice. 2. New people in their lives Meeting new people and being social can

keep older people young, but sometimes those new acquaintances have nefarious motives. Stay alert to the new people in your parents' and grandparents' lives; meet them when possible, talk to them and trust your gut instincts. If something seems wrong, it probably is. 3. Changes in behavior Older people who are victims of financial fraud may exhibit a range of new behaviors, from isolating themselves from friends and relatives to lashing out in unexpected ways. If you notice any changes in behavior, it is time to find out what is going on.

4. Unpaid bills If you see a pile of unpaid bills and late payment notices when you visit your parents or grandparents, elder fraud could be to blame. Victims of elder fraud may withdraw large sums of money to loan their new "friends," leaving them without the cash they need to live their lives. 5. Raiding investment accounts If previously dormant investment accounts are now being raided for ready cash, you need to start asking some questions. The perpetrators of elder fraud often encourage their victims to dip into their retirement accounts, close certificates of deposit and make other unwise

financial transactions. Whether you suspect elder fraud or not, there are steps you can take to protect your loved ones and keep them from harm. If you have not already done so, registering your parents' and grandparents' phone numbers with the Do Not Call registry is a good place to start. You can also serve as tech support for their smartphones, tablets and other electronic devices, installing regular software updates, making sure strong antivirus software is running and keeping alert for security breaches and the release of personal information. By taking a proactive approach to protection and security, you can reduce the risk of elder fraud and help your loved ones live better and more secure lives. l

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IN THE NEWS

Wrong Time for the Flu, Right Time for the Flu Shot BY DR. DAVE A. CHOKSHI

lu season is just beginning in New York City, and already my twoyear-old daughter, my wife, and I have all received our seasonal flu vaccination. I encourage everyone to join us, to protect yourself and your community. Every year, the Health Department works to make the flu vaccine easily available because the influenza virus can cause painful, and potentially life-threatening, symptoms—even in healthy people. In a typical flu season, roughly 2,000 New Yorkers die from influenza and pneumonia, and some of them are kids. That is why we are recommending all New Yorkers ages six months and older to get the flu shot, especially people who are most likely to get sick, including adults ages 50 and older, pregnant people, children ages 6 months to 5 years, and people with chronic diseases like diabetes. The flu vaccine is safe and effective: Scientific evidence shows that it reduces the risk of illness between 40% and 60%, according to the CDC. If you’re 65 or older, ask your doctor about the high-dose flu vaccine.

I was proud to see a record number of adult New Yorkers get the flu vaccine last year. Over 1.4 million adults got vaccinated—the most ever. Our goal this year is to have another record-breaking year, and we are well on our way with 1,039,787 adult New Yorkers already vaccinated. But despite our progress, we are still seeing troubling gaps in coverage. This is due in part to misinformation about the flu vaccine and mistrust in medical advice. I want to make clear to New Yorkers that the flu vaccine will not give you the flu. Young and healthy people

can become severely ill. And getting a flu shot will not increase your risk of getting COVID-19. These are common myths, and we know we must address them in order to instill trust in the vaccine. In addition, not enough children are getting vaccinated. Our data show that only 67% of children ages 6 months to 5 years were vaccinated last year, and this year’s numbers are also looking low. With children returning to schools and families out and about in our city again, it’s even more critical than ever to protect our littlest New Yorkers.

The flu vaccine is now widely available across the city for free or low-cost and regardless of immigration status. New Yorkers can find out where to get vaccinated at NYC.gov/FLU. And if you still haven’t gotten a COVID-19 vaccine, you can get one at the same time as the flu vaccine. Remember that the flu vaccine doesn’t protect you against COVID-19, and the COVID-19 vaccine doesn’t protect you against the flu. You need both! Serious reactions to the flu shot are extremely rare. Common reactions may include mild pain, redness or swelling at the injection site or headache, fever and muscle aches. As a doctor and a father, I wouldn’t ask New Yorkers to do anything I wouldn’t do myself. Flu activity usually starts as early as November and continues through late spring, and it takes a couple of weeks for your vaccine to kick in with immunity. Now is the right time, so go get that flu shot today.l Dr. Chokshi is New York City’s Health Commissioner

Early Action is Key! Ask Your Doctor About Monoclonal Antibody Treatment Monoclonal antibody treatment is for people who have COVID-19 or were recently exposed to someone who has had COVID-19. Monoclonal Antibody Treatment: • Helps your body 昀ght COVID-19 while your immune system begins to make its own antibodies • Reduces your risk of becoming sick from COVID-19 and avoid hospitalization • Is recommended for anyone age 12 and older who is at high risk for severe COVID-19 illness, such as older adults and people with other health conditions • Is NOT a substitute for vaccination To 昀nd a site offering monoclonal antibody treatment, visit nyc.gov/health/map. To 昀nd a vaccination site, visit nyc.gov/vaccine昀nder or call 877-VAX-4NYC (877-829-4692).

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JOBS & RECESSION

5 Reasons to Become a Paralegal attorneys, opposing counsel, vendors, staff members, clients, and others. The work is varied, and each day brings new challenges.

BY THE CHAMBER COALITION

career as a paralegal (also known as a legal assistant) can be a wonderfully fulfilling profession. Paralegals perform legal, regulatory, and business-related research for lawyers working at their organization. Most of the time, paralegals work for law offices, non-profits, corporations' legal departments, or courts. These professionals also provide legal support services to attorneys. They assist lawyers in filing motions, memoranda, pleadings, and briefs in various court systems and accompany lawyers to see clients and go to court. Here are five great things about being a paralegal: 1. Rise in Pay Paralegal compensation has risen steadily in the past decade. As paralegals perform a broader and more complex range of tasks (paralegals even represent clients in court in certain countries and administrative tribunals), their earnings continue to rise. The average paralegal salary hovers at around $50,000 per year, but paralegals often make more through bonuses. Overtime hours can also add significant cash to a paralegal's paycheck.

2. Explosive Employment Outlook The paralegal field is one of the fastestgrowing professions on the globe. The U.S. Department of Labor, Bureau of Labor Statistics, predicts the employment of paralegals and legal assistants by over 25 percent, much faster than the average for all occupations. Among the factors driving this growth is client demand for cheaper, more efficient delivery of legal services. Since hourly rates charged by attorneys are typically double or triple the rates of paralegals for the same task, law firm economics mandates the increased use of paralegals to minimize costs. As a result, a paralegal career is one of the hottest non-lawyer jobs in the legal industry.

3. Easy Career Entry Unlike lawyers who must complete seven years of formal education and pass the bar exam to practice law, you can become a paralegal in as little as a few months of study. 4. Intellectual Challenge Paralegal work is intellectually challenging and involves a range of high-level skills. The most successful paralegals are problem-solvers and innovative thinkers. Paralegals must become subject matter experts in their specialty areas and master legal procedure, research, drafting, and other skills. They must stay on top of ever-changing laws and new legal trends and developments while interfacing with

5. Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members. Ready to Take the Leap? A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.l

Need Assistance? Call 718-722-9217.

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KNOW YOUR RIGHTS

Common Problems When Dealing with a Workers' Compensation Claim ered. In many cases, medical benefits are granted before a ruling is even made on the claim. Secondly, you have non-medical benefits, which are not quite as immediate. These benefits often become available after your claim is granted and you fill out some additional paperwork, which means that it can take weeks or even months to start receiving non-medical benefits.

BY JARED RICHARDSON

orkers' compensation can be incredibly helpful if you were injured on the job, but that is only when it works out in your favor. Some claims are rejected, while others are accepted, yet not every successful claim results in the injured party getting the benefits that they need and deserve. If you are considering a workers' comp claim and are worried about possible problems that you may encounter during the process, here are several common questions and answers: What if your claim is rejected? Many individuals worry about what would happen if their claim were rejected, but there is fortunately a system in place that can assist with that. There is an appeal process that allows individuals to strengthen their cases and ask for approval again, which means that you will be able to include any details that you may have missed the first time around. Furthermore, the denial of your claim should be accompanied by specific rea-

soning as to what went wrong and what you might be able to do in the appeal to change the ruling. If you feel that your claim was rejected unfairly, then it might be time to get some legal help and hire an employment lawyer to assist you. What if you don't get your benefits in a timely fashion? If your claim was granted, but your benefits aren't arriving as quickly as they should, then you may need to take legal

action to speed up the process. However, benefits are divided into two separate categories, so it's important to understand how they are different and how that might affect the problems that you are experiencing. Firstly, you have medical benefits, which should be granted immediately. As long as you have properly documented the entire process and filled out a workers' comp claim as early as possible, your medical bills should be cov-

How can you maximize your chances of getting a successful claim? Ultimately, your best course of action is going to be to talk to a lawyer that is specialized in the field. Not only can they help you understand the law and what you are required to do in a workers' comp claim, but they can also help you get a better idea of just how strong your case is and how much you stand to win. If you aren't sure that you want to commit to a lawyer and the fees that such a course of action would entail, then you can probably get a free consultation to determine the best course of action and whether you even need serious legal aid in the first place.l

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KNOW YOUR RIGHTS

Marijuana Amnesty: Immigrants, Here’s What You Need to Know Now BY VICTORIA FALK

es! Marijuana, also known as cannabis, ganja, weed, pot, reefer, hash, and a whole host of other slang names, is now legal in New York State. On March 30, 2021, the state Senate voted 40-23, and the state Assembly voted 100-49 in favor of the bill to legalize recreational marijuana for adults in New York state. On March 31, 2021, then Governor Andrew Cuomo signed a bill to legalize recreational marijuana use for adults in New York state. New York joins the growing list of states that have legalized recreational marijuana, with Pennsylvania wanting to follow suit. New York joined New Jersey, Arizona, Montana, Alaska, Colorado, Massachusetts, and several other states in making recreational marijuana use legal for adults. This was a historic move for former Governor Cuomo, who signed legislation back in July of 2014, allowing the use of medical marijuana in New York. That law was very restrictive, and patients had to prove they had a qualifying condition before getting prescribed medical mari-

juana. The list of qualifying conditions included life-threatening and debilitating diseases such as epilepsy, cancer, AIDS, and other similar types of illnesses. However, this new legislation is much less restrictive and considers recreational use for the first time. The new law allows adults, age 21years-old and over, to possess up to 3 ounces of marijuana for recreational use or 24 grams of concentrated forms of the drug. People with certain marijuanarelated convictions will have their records expunged immediately. This is a big deal for people who may have previously had limited access to employment due to a criminal record or those who feared that a marijuana-related conviction would negatively affect their immigration status. New York's leading Immigration expert, Brian Figeroux, founding partner of the Law Firm of Figeroux and Associates and Ask the Lawyer Radio Program, warns immigrants that even though the Governor is offering "...amnesty for those of you convicted of marijuana possessions, you still have to do a New York post-conviction Criminal Procedure Law (CPL) 440

motion hearing in New York State to reverse the charge. Immigration court would not recognize that amnesty. They will still look at the crime for your conviction on any drug marijuana-related issues. You are inadmissible if you have more than one marijuana charge. You need to talk to a lawyer if you want to get your Green Card or become a U.S. citizen. You must speak to an attorney to determine if you qualify for amnesty and

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whether your case qualifies for a 440 Motion to vacate the judgment. If your case qualifies for a 440 motion hearing, your legalization gets back on track for your Green Card or to become a U.S. citizen." Mr. Figeroux, a member of AILA (American Immigration Lawyers' Association) and immigration advocate, who has been practicing immigration law for over twenty years, offers free consultations to discuss these issues. Black communities, who suffered at a much greater rate than their White counterparts due to the criminalization of marijuana, are happy that police officers are no longer able to use the smell of marijuana as justification to stop and search a pedestrian. Governor Cuomo shared his thoughts on social media, "For too long the prohibition of cannabis disproportionately targeted communities of color with harsh prison sentences and after years of hard work, this landmark legislation provides justice for long-marginalized communities, embraces a new industry that will grow the economy, and establishes substantial safety guards for the public." New York City Mayor Bill de Blasio applauded the former Governor's actions to pass the marijuana law during recent press conferences. However, New York City Police Commissioner, Dermot Shea, expressed concern over the longterm effects and impact of legalizing recreational marijuana use on crime. New Yorkers are now allowed to smoke marijuana in private residences and public areas, wherever smoking tobacco is permitted. People will be allowed to store up to 5 pounds of marijuana at home, but they must make sure it is in a secure place. The law also creates retail licenses, which paves the way for people to earn substantial income by becoming a licensed marijuana dispensary and or delivering marijuana to customers' homes. However, there are penalties for possessing more than the allowed amount of marijuana and selling the drug without a license. Smoking marijuana where it is not permitted will result in a fine and or mandated community service. Smoking marijuana at work, inside of a school, or inside of a car is not permitted. It remains illegal to drive under the influence of marijuana. Although one can smoke marijuana inside a private residence, the landlord has the right to decide whether or not to let you smoke on their property. Marijuana arrests affect getting a Green Card and applying for U.S. Citizenship. Find out if you qualify for amnesty and whether your case qualifies for a 440 motion hearing. If you have any questions about the new marijuana law, marijuana-related convictions, or any other legal issue, go to www.AsktheLawyer.us or call (855)768-8845 to schedule a free consultation. l

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LOVE & RELATIONSHIPS

The Five Pillars of Building a Strong Relationship beliefs you are unwilling to compromise. This gives you a starting point for discussing shared values with your partner.

BY MARY CAMPBELL

uilding a strong relationship takes time and energy, but the results are well worth the effort. A strong relationship provides a supportive and stable foundation that enables each partner to grow, both as a couple and as individuals. Here are the five pillars of building a strong relationship. 1. Communication Communication is the most important part of any relationship, including romantic partnerships, friendships, and business relationships. Effective communication is a two-way process, which means that you need to be able to listen to your partner, as well as being able to communicate your own thoughts and feelings. Poor communication makes it difficult to resolve conflict and is a major factor in many relationship breakdowns. 2. Authenticity Honesty and openness are crucial for maintaining a healthy relationship, as they help to ensure authenticity. Both partners should be honest about their needs, as resentment can quickly grow if

one partner is ignoring their own needs to please the other person. Saying no to your partner or telling them you are unhappy with certain aspects of your relationship may feel uncomfortable and cause conflict at first, but it will eventually create a happier situation for both you and your partner. 3. Intimacy Intimacy is an important part of romantic relationships, but many people confuse intimacy with sex. While sex can be an intimate experience, it's just as important to share your fears, hopes and dreams with your partner. Physical closeness, such as kissing, cuddling and holding

hands, is also important for some people. There is no right or wrong way to be intimate with your partner; the important thing is to find a level of intimacy that you both enjoy. 4. Values Some couples have little in common when it comes to hobbies, interests and even religious beliefs, but their relationship still manages to stand the test of time. These kinds of differences do not always affect the relationship. However, if your values and your partner's values do not align, it can lead to major problems later. Think about what matters to you and which areas of your life and your

5. Independence While it's important to spend quality time with your partner and make decisions as a couple, it's just as important to maintain your independence. Many people give up their hobbies, interests and sometimes even friendships when they start a new relationship, as they want to devote their time to their partner. However, this can easily lead to an unhealthy relationship and dependence on your partner. Make time for your own interests and spend time away from your partner, as this is important for your long-term happiness. A strong relationship provides a supportive foundation you can rely on when life is tough. Taking the time to strengthen your partnership is important for maintaining your connection. Communication, authenticity, intimacy, shared values, and independence are the pillars of building a strong relationship.l

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LOVE & RELATIONSHIPS

Protection for Abused Immigrants BY AMERICAN IMMIGRATION COUNCIL

ith approximately 23 million immigrant women and girls in the United States, over half of the foreign-born population is female. Unfortunately, women are particularly vulnerable to sexual violence. Issues such as domestic violence, human trafficking, and exploitation in the workforce present unique challenges to noncitizen women due to the added vulnerability created by their immigration status in the United States. For these and other reasons, federal law provides numerous forms of protection for noncitizen women—and men—who are the victims of domestic violence or other qualifying crimes. The focus of this article “selfpetitions” under the Violence Against Women Act (VAWA). Non-citizen women may face challenges related to domestic violence, especially if obtaining lawful immigration status depends on an abusive spouse. For example, noncitizen women may depend on a U.S.-citizen or lawful permanent resident (LPR) spouse to petition for them through the family-based immigration system or their legal status may be tied to their spouse’s employmentbased immigration status. This situation not only leaves noncitizen women finan-

cially dependent on a spouse, but also leaves them vulnerable to a spouse’s threat of deportation. Abusive spouses often delay, revoke, or fail to file petitions for their family members, or threaten to report their victims to immigration authorities. Finally, even when their legal status does not depend on an abusive spouse sponsoring a visa, noncitizen women may be fearful of reporting abuse or exploitation to the police for fear that they will be deported and separated from their families. This effectively provides abusers with a tool to silence their victims. How has Congress sought to protect noncitizens who are victims of domestic violence? In the last three decades, Congress has made numerous changes to U.S. immigration laws to offer protections for noncitizen victims of domestic violence and crime. The Immigration Reform Act of 1990 created the “battered spouse waiver,” which allows victims of domestic violence who obtained conditional permanent residency based on their marriage to a U.S. citizen to file an application to remove that conditionality without the assistance of their spouse if they are in an abusive relationship. The Violence

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Against Women Act (VAWA) of 1994 included provisions to allow noncitizen victims of domestic violence to obtain immigration relief independent of their abusive spouse or parent through a process called “self-petitioning.” The Battered Immigrant Women Protection Act of 2000 (VAWA 2000) created new forms of immigration relief for noncitizen victims of violent crime (“U” visas) and victims of sexual assault or trafficking (“T” visas). Finally, the Violence Against Women Act of 2005 expanded these protections and included some victims of elder abuse. What is the battered spouse waiver? In order to prevent marriage fraud, federal immigration law requires applicants for marriage-based green cards to receive “conditional” permanent resident status for two years before being granted full LPR status. As a result, noncitizen victims of domestic violence may feel compelled to remain in an abusive relationship for up to two years in order to obtain a green card. The Immigration Reform Act of 1990 created the “battered spouse waiver,” which allows victims of domestic violence to file an application to remove the conditional status without the assistance of their abusive spouses and without having to stay in the abusive relationship for two years by providing proof of battering or extreme cruelty and the validity of the marriage. What is a VAWA “self-petition”? Under VAWA, noncitizen victims of domestic violence, child abuse, or elder abuse may “self-petition” for LPR status without the cooperation of an abusive spouse, parent, or adult child. Victims may also self-petition if they are divorced as long as the marriage to the abusive spouse was terminated within two years of filing the petition, and there is a connection between the divorce and the domestic violence. An approved VAWA self-petition provides the applicant with work authorization, deferred action, and an approved noncitizen petition which allows him or her to apply for lawful permanent residence. When the individual applies for LPR status, he or she is subject to the family preference system and any backlogs that may exist. Thus, spouses and children of U.S. citizens may apply immediately and receive a green card as an immediate relative. By contrast, spouses and children of LPR abusers are placed into the family preference system along with all other petitions for spouses and children of lawful permanent resi-

dents and are subject to backlogs. There is no limit to the number of VAWA self-petitions that may be filed in any given year. Who is eligible to self-petition? VAWA self-petitions are available to: •Spouses and former spouses of abusive U.S. citizens or lawful permanent residents. Divorced spouses may self-petition if the termination of the marriage was related to the abuse and if the application is filed within two years of the termination of the marriage. •Children of abusive citizens or lawful permanent residents who file before turning 25. •A noncitizen parent of an abused noncitizen child, even if the noncitizen parent is not herself abused. •Non-citizen spouses whose children are abused by the child’s other U.S.-citizen or LPR parent. In addition to proving abuse, a self-petitioner must also prove: •Good faith marriage if the abuser is a spouse or step-parent •The relationship to the abuser. •The immigration status of the citizen or LPR spouse, parent, or child. •Good moral character. •Residence with the abusive family member. •Parent-child relationship if the applicant is a non-abusive noncitizen parent whose U.S.-citizen or LPR spouse perpetrated the abuse. What is VAWA cancellation of removal? VAWA cancellation of removal is a form of relief designed to keep victims of abusive U.S.-citizen or LPR spouses or parents from being deported. It is a form of relief that a noncitizen victim can seek in immigration court after being placed in removal proceedings. Successful cancellation of removal results in LPR status for the victim, and his or her noncitizen children ultimately receive a green card as well. To qualify for VAWA cancellation of removal, a victim must prove: •He or she has been battered or subjected to extreme cruelty by a U.S.-citizen or LPR spouse or parent. •Physical presence in the United States for 3 years. •Good moral character. •That removal would cause extreme hardship. •That certain inadmissibility grounds do not apply or that she qualifies for a waiver of inadmissibility.l

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HEALTH

Omicron: What We Don't Know About the New Variant of SARS-CoV-2 BY IGNACIO LÓPEZ-GOÑI THE CONVERSATION

e do not know if it is more transmissible, we do not know if it will replace other variants, we do not know if it is more virulent and will cause more serious disease, we do not know if it will be easier to be reinfected, we do not know if it will be more dangerous in young children, we do not know if it will escape the current vaccines, we do not know if it will spread throughout the planet, but we know we have to keep an eye on it. The new variant of SARS-CoV-2, B.1.1.529, called omicron, has been detected by PCR between November 11 and 23 in South Africa, in gauteng province (77 cases), Botswana (4 cases), Hong Kong (one case), Israel (one case) and Belgium (one case). It seems to have spread very quickly in the Gauteng region, but keep in mind that it is an area with very few cases of COVID-19 and with a very low vaccination rate. That has been able to influence. Is it really more transmissible or is it an effect of the population in which it has been isolated?

It is not known how this variant will behave in another population in which the incidence and vaccination rate are higher. But we have to be vigilant. B.1.1.529 has more than 50 mutations in its genome compared to the original Wuhan sequence. Thirty-two of them in the region of protein S. What worries scientists is the accumulation of mutations in that region, because some of those mutations had already been detected in other variants, but not all together in the same variant. Therefore, this variant has already been classified as a variant of concern. More

than the number of mutations, what should be analyzed is the effect that they can all have together. Mutation in the genome is one thing and quite another for the effect it may have on the biology of the virus. The effect does not have to be cumulative, compensation phenomena can occur: the effect of one mutation can be compensated with that of another. But this variant accumulates mutations that have been linked to possible immune escape and possible increased transmissibility. Nine mutations appear in other alpha, beta, delta, gamma variants. Eleven are

new. Fifteen mutations are in the receptor binding zone (RBD) and some (N440K, S477N, Q498R) affect binding to the ACE2 receptor and could influence its ability to infect cells. Others can affect transmissibility (H655Y, N679K, P681H), and there are those that can cause changes in the protein and affect its reactivity with antibodies. On the other hand, a phylogenetic analysis of the genomes of this variant suggests that it has probably been circulating for months but has not been detected so far. Is there cause for widespread alarm and hysteria? Not at this time. It's more what we don't know than what we know. But we must remain vigilant. Do we cancel all flights with South Africa? It doesn't make much sense for several reasons. South Africa is probably the only African country that is doing "the homework" and genomic tracking of the virus. That's why it detects it. If we do not actively search for new variants, we will not detect them, but it does not mean that they do not arise. Punishing the one who is doing well is a mistake. We can continued on page 22

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WELCOME TO AMERICA

CBP’s Plan to Expand Data Collection of Individuals Before Arrival at the Border Leaves Questions Unanswered BY AARON REICHLIN-MELNICK

.S. Customs and Border Protection’s (CBP) plan to collect information from more individuals before they arrive at the border has raised questions about how the agency will gather and use the information as well as privacy concerns. CBP’s proposal would broaden the category of individuals who may submit biographic and biometric information before appearing at ports of entry (POE) to any “undocumented noncitizen” seeking to be processed under the immigration laws, which would include people seeking asylum. On November 29, the Council and the American Immigration Lawyers Association submitted a comment in response to CBP’s request for public input about its plan to expand the collection of information from noncitizens arriving at a POE. CBP states that the goal of collecting information in advance is to “reduce the amount of data entered by CBP officers

and the length of time an undocumented noncitizen remains in CBP custody.” While the proposal’s goal is laudable, it leaves many questions unanswered about how CBP plans to implement this collection of information. Will the agency use its CBP One app to collect people’s information pursuant to this plan? Could this plan cause harmful delays to the processing of immigrants who choose not to provide information in advance? What does the agency plan to do with the data it collects? CBP did not clarify how it would collect this information. Currently, CBP One may be used to submit biographic and biometric data, but this feature is only available to individuals seeking an exemption under Title 42 who are being helped by international organizations at the border. Statements from agency officials encouraging the use of CBP One lead to the assumption that the app will be the main vehicle for individuals to provide their information prior to arriving at the border.

The app, however, has significant shortcomings. First, it lacks equitable accessibility because it is only available in English. It requires individuals to go through a cumbersome process to create an account with Login.gov—a website that gives users access to various programs at participating government agencies—and then access the app’s features. In this same vein, people who do not have a smart phone when they come to the border would be prohibited from using this tool and excluded from the benefits of providing their information in advance. Second, CBP One uses facial recognition technology to identify individuals who provide their information in advance. CBP’s request for comment clearly states that submission of a photograph for those who choose to provide advance information would be required rather than optional, as originally planned. This requirement subjects people to a potentially unreliable technology, as studies have shown that the error rates of facial recognition technology are highest among racial minorities. CBP justifies adopting this collection of information by saying that it is a voluntary program. Yet, the agency fails to consider that undocumented individuals seeking entry may fear that refusing to provide their information in advance of their arrival at the border could lead to a

denial when they actually get there. Because the process may not seem voluntary, CBP is putting the burden on individuals to complete a first step for processing even when it has failed to provide the public with information about the process availability. Concerns also persist regarding how the agency will use the information it obtains during this process for enforcement purposes and how the information may be shared with other law enforcement agencies. So much is unknown about this collection of information that it is difficult to see how this plan helps the agency accomplish its efficiency goal. The agency has not publicized how much time CBP officers save when they have encountered individuals who provide their information in advance. CBP also has failed to provide information about how it will publicize the availability of the program. It is doubtful that having a system to collect information in advance will save officers time if the intended audience doesn’t know it exists or doesn’t know how to use it. It would bode well for the agency to commit to transparency and show stakeholders how it truly plans to implement this measure. Otherwise, the agency’s goal of helping individuals go through border processing more expeditiously will go unfulfilled.l

Omicron / continued from page 21 not rule out, surely it is most likely, that new variants will arise in other areas where they are not being sought. So do we cancel all flights to Africa? This variant has already been detected in Hong Kong and Belgium, and most likely, as has been suggested, has long been found elsewhere on the planet. We need time to learn more about this variant. But what this shows once again is that we are in a global pandemic and what happens in other countries affects us. The more infected there are around the world, the more viruses there will be, the more variants can emerge. Vaccination must be global. And in

Africa just over 7% of the population is vaccinated. That is what should alarm us.l Ignacio López-Goñi is a Professor of Microbiology, University of Navarra

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The Immigrant’s Journal - Vol. 152

Articles inside

Marijuana Amnesty: Immigrants, Here’s What You Need to Know Now

Dr Chokshi: Wrong Time for the Flu, Right Time for the Flu Shot