The Immigrant’s Journal - Vol. 166 by IQ INC.

The Immigrant’s Journal Vol. 166

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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June 16, 2022

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The Los Angeles Declaration Could Represent a Big Step for Real Migration Cooperation across the Americas BY ANDREW SELEE MIGRATION POLICY INSTITUTE

he Los Angeles Declaration on Migration and Protection signed by leaders from countries across the Western Hemisphere at the conclusion of this week’s Summit of the Americas commits their governments to expand legal migration pathways, support immigrant integration, invest in migration management, and coordinate responses to mass migration movements and displacement crises. While the agreement is nonbinding, it marks a significant step forward in creating a common language and a coherent set of ideas continued on page 13

Senate Takes Action on Gun Violence Prevention ....5

President Biden.Editorial credit: Gints Ivuskans / Shutterstock.com

DACA: Ten Years Later ....6

Become a Paralegal ....10

Immigrant Advocates Recognize Key Investments in NYC FY23 Budget ....8

Commissioner Manuel Castro, Mayor's Office of Immigrant Affairs: A Paradigm of the American Dream stages of the COVID-19 pandemic, NICE stipulated almost $4 million in direct cash support and distributed food to immigrant families. It also helped thousands of immigrant workers request the state's Excluded Worker Fund (EWF). Castro also serves on the New York Immigration Coalition's (NYIC) board of directors. It's his story that makes him a champion for immigrants. At age five, he and his mother crossed the US-Mexico border and began to put roots down in Sunset Park. As a teenager, Castro was tired of living with the uncertainty that many, if not all, immigrants endure. He joined forces with

BY JR HOLGUIN

f any immigrant ever doubted that the American Dream is lost, they need only look at Commissioner Manuel Castro for reassurance that it continues to prevail. Securing the role of Commissioner of the NYC Mayor's Office of Immigrant Affairs (MOIA) at the start of this year, Castro was appointed by Mayor Eric Adams. Castro will be looking after and providing vital support to the 3.2 million immigrant New Yorkers. Castro's résumé is sufficient for the role. He has experience as the Executive Director of New Immigrant Community Empowerment (NICE). During the early

Brian Figeroux, Esq.

Commissioner Castro. Photo credit: MOIA

continued on page 12

Vision Zero: DOT Announces Plan for Older Adult Pedestrian Safety ....9

8-page Insert: Fire Your Landlord, Foreclosures & More .,..15

IN THE NEWS

New Fortune 500 List Shows America’s Economic Success Relies on Immigrants BY STEVEN HUBBARD

merica’s economic success is built on the world’s best and brightest coming to our shores bringing ingenuity, creativity, and determination. From Wall Street to Main Street, businesses started by immigrants have helped the U.S. economy enormously. The history of immigrant entrepreneurship stretches back to the country’s founding. Famously, the designer of the American financial system was an immigrant, Alexander Hamilton, a native of Nevis in the British West Indies. Some of the United States’ largest companies today were founded by immigrants or the children of immigrants, including Amazon, Apple, and Costco. Even though immigrants constitute only 13.6% of the U.S. population, its estimated that a quarter (25%) of America’s entrepreneurs are immigrants. Immigrant representation is again significant in this year’s New American Fortune 500 list. Over one in five fortune 500 companies (102) were founded by immigrants.

When one includes the additional 117 companies founded by the children of immigrants, the share of the Fortune 500 list grows to nearly 44%. This is also an increase from our first report on the New American Fortune 500, which found that 40% of the Fortune 500 in 2011 were founded by immigrants or the children of immigrants. In our yearly report on the New American Fortune 500 companies— immigrant and children of immigrant founders from the Fortune 500 list—we made other key findings. Fortune 500 companies founded by immigrants or children of immigrants employ more than 14.8 million people worldwide. The number of workers employed at New American Fortune companies is a little larger than the state population of Pennsylvania—the fifth largest state in the country. On average, each New American Fortune company employs 67,580 workers per company, 21.4% more than the average number of workers at non-New American Fortune 500 firms.

The revenue generated by Fortune 500 companies founded by immigrants or their children is greater than the GDP of every country in the world outside the U.S., except China. New American Fortune 500 companies brought in more than $7 trillion (about $22,000 per person in the U.S.) of revenue in fiscal year 2021. That figure is greater than the GDP of many developed countries including Japan, Germany, and the United Kingdom. Immigrant-founded Fortune 500 companies drive a wide range of industry sectors across the American economy. New American Fortune 500 companies are not confined to a small subset of industries or fields. Over 68 industries are represented in the New American Fortune 500 list, including pharmaceuticals, food manufacturers, and human resources. 35 states are headquarters to at least one New American Fortune 500 firm, and seven of those states have at least 10 firms. When we compare companies at the state level, New American Fortune 500 firms

are significant players in some states’ economies. New York had the highest number of New American Fortune 500 firms at 31. California had the second highest number of firms at 25. Illinois and Texas followed at 23 companies and 21 companies, respectively. In the post-pandemic global economy, the United States is faced with several new challenges. One is figuring out how to attract and welcome the next generation of entrepreneurs and innovators, especially as competing countries have become more pro-active in attracting the world’s best and brightest. While the United States has long been the premier destination for this kind of global talent, it has become increasingly clear that we need smarter immigration policies to attract and retain international talent.l

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TIME FOR ACTION

BY AMERICA’S VOICE

ashington, DC: The 15th of June marks the tenth anniversary of the executive order that ex-President Barack Obama issued creating Deferred Action for Childhood Arrivals (DACA), which extended work permits and deportation relief to thousands of young undocumented immigrants who arrived before 2007. A decade later, DACA faces many legal hurdles and, in fact, a court ruling limits it to renewing work permits, not accepting new applications. Around 100,000 young people will graduate from high school this year without the possibility of obtaining a work permit, a situation that complicates their immediate reality, as well as that of their families and neighbors. Their middle and long term plans remain in limbo from this moment on, as their professional development is truncated, their eventual work experience in their areas of academic interest definitively limited and, therefore, the livelihood they dreamed about for themselves and their loved ones is reduced to a job that they never imagined, due to their interest in higher education. The DACA anniversary is a reminder of the fragility of the program and the inaction of Congress to provide a permanent solution, whether it be just for “Dreamers” or as part of that elusive migration reform. And these days, as electoral winds blow, that inaction and delay in Congress is not limited to immigration, but also other measures, such as gun control bills—in a nation sowing cowboy culture, where everything is resolved with bullets. In recent days, on top of the massacres in Buffalo, New York and Uvalde, Texas, incidents multiplied in diverse cities around the country, ending in shootings, deaths, and wounded people. The international projection of these images has once again rebalanced this system of “liberties”—poorly understood, and even worse regulated—that makes the United States, and especially its society, a laughingstock of human history: as a nation that has so much, but lacks the common sense to change the impulse of its militarized psychology. Because if someone thought that the murder of children in Uvalde would change the minds of Republicans and the powerful gun lobbyists to have greater regulation—or even just keep military arms out of reach of unbalanced young people under 18 years of age, in gun and pawn shops—well, that would be a mistake. The massacre of children in Sandy Hook, in 2012, also didn’t bring them to their senses. The issue of guns is like a soap opera that repeats itself over and over again, with the same beginning and same end. A killing happens, and many times the killer is motivated by racism and other prejudices; the news media, nation, White

House, and Congress, in turn, express their consternation over what happened; at the same time, Congress dusts off gun control measures that are never approved; time goes on, the shock of the moment is replaced with some other issue…and the matter is not resolved. Until the next killing and repeat of the same song and dance. Essentially, the nation has become desensitized to gun violence and inaction to confront it. That is why, right now, those “lone wolf” supremacists are lying in wait for the next sign of hate rhetoric toward non-white minority groups to act, in the name of the absurd “Great Replacement” conspiracy theory, which their new/old “heroes” wield these days as campaign strategy to push their neoNazi agenda. It’s the same with immigration. A thousand studies could be cited about the benefits to this country of legalizing undocumented immigrant workers, and complaints because the so-called “Dreamers” still don’t have legalization, and the temporary protection they received a decade ago is on the tight rope of the courts. Recall that even the hands who harvest and process our foods, farm workers, mostly don’t have documentation. Republicans, for their part, go to the border to stage theater about the “crisis” there, telling us that we are being “invaded,” but they are the first to block bills that try to reform immigration laws in their diverse manifestations: border, asylum, undocumented immigrants, et cetera. Those Republicans are not betting on safeguarding their principles as a party, but on benefiting politically from the remnants of that rancid Trumpism that continues to enthrall the conservative wing of the country, promoting not only an anti-immigrant agenda, but also turning civil rights back decades, to make minorities, especially immigrants of color, invisible once again. This occurs because this country and this Congress have perfected the art of making believe that they are doing something. That is, the politicians and politicos and many of their friends, particularly in the right wing news media, find it more profitable—from an electoral point of view—to claim there is a problem, and condemn and blame the Democrats for this problem. But if those Democrats propose a solution, well, they block and reject it. It’s better for them if the problem they complain about so much is never solved. In any case, those who do their part are, of course, Dreamers, whose contributions year after year have been studied and praised by everyone, underlining above all what they have done for this country to this day, and also what they could do if their situation was regularized, as the hope has been for over a decade. For example, every study on the topic

Editorial credit: Sheila Fitzgerald / Shutterstock.com

For Over a Decade, Legislative Paralysis Has Forgotten “Dreamers” and Other Matters

tells us that Dreamers add more than $40 billion to the Gross Domestic Product (GDP) per year, which translates to almost six times more than the $7 billion DACA costs the United States. Among many other factors, this is due to the fact that this group of young people have also become part of the economy as purchasers and investors, whether it be in the automobile sector or in real estate. Additionally, they have started businesses, created jobs, expanded the banking industry by opening accounts, and above all, strengthened the international competitiveness of this country through their educational studies. However, there are still many citizens who believe the fallacies about immigrants and Dreamers, since those voters consume all that they see and read on social platforms of dubious repute. ExPresident Donald Trump perfected this tactic and now his minions put it into practice, among them the leader of the Republican minority in the House of Representatives, Kevin McCarthy, the third-ranking member of Republican House leadership, Elise Stefanik, as well as dangerous demagogues like Republican Congresspersons Marjorie Taylor Greene and Matt Gaetz, to name two. These figures have perpetuated the lie that the 2020 election was “stolen” from Trump and now their central message is that we are being “invaded” by undocumented migrants, and that the Democrats want to take away their right to arm themselves to the teeth with military assault rifles in order to hunt deer. All the ignorance sustained by this group of Republican extremists prevents them from understanding that if DACA were eliminated completely, the loss to the U.S economy could surpass $21 billion. Is racism more important than the palpable economic reality produced by, for example, Dreamers? The worst part is that the Republican demagoguery and blockade produces paralysis in Congress, now majorityDemocratic; and Democrats have always made the mistake of allowing themselves to be intimidated by their moderate faction, as well as the Republicans, to the point of total inaction and not having much to show to voters in the midterm elections, when control of Congress is in play.

TEAM Publisher I.Q. INC. 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 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

Because deep down, Democrats also benefit from this Republican paralysis, having someone to blame for not making accomplishments. The danger is that the profile of today’s voters is changing and many voters do not have the same patience or loyalty to the parties. They vote expecting results, something that in this electoral cycle is very difficult to demonstrate.”l America's Voice – Harnessing the power of American voices and American

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Know Your Rights with ICE If approached by ICE (Immigration and Customs Enforcement) agents, you have rights!

What can I do if ICE is at my door? •

You do not have to immediately open the door for ICE and you do not have to speak to ICE.

•

From behind the closed door, you may ask them who they are and to show their badge, ID or business card through the window or peephole or to pass it under the closed door.

•

You can ask if they have a judicial warrant:

If they say No, you do not have to let them in. You may say, “I do not want to speak with you.”

If they say Yes, you can ask them to slide it under the door. To know if it is a judicial warrant, look to see who signed the warrant.

A judicial warrant is a warrant from a court, signed by a judge. For example, judge signatures may have “Honorable/Hon.” “Judge” “Justice” or “Magistrate” in front of them.

•

In an emergency, such as a threat to public safety or a threat to someone’s life, ICE can come in without asking your permission. If this happens, you still do not have to speak to ICE.

•

If ICE is looking for someone, you do not need to speak. If you choose to speak, you can ask ICE to leave contact information. While you do not need to tell ICE where the person is located, providing false information puts you at risk.

What can I do if ICE is inside my home? •

If ICE enters your home without your permission, you can tell them clearly: “I do not consent to you being in my home. Please leave.” Saying this may not always stop them, but it may help any future legal case.

•

If ICE starts to search rooms or items in your home, you can tell them, “I do not consent to your search.” You can continue to repeat this if they continue to search without consent.

•

You can tell them if there are children or other vulnerable residents in your home.

What can I do if ICE stops me on the street or in public? •

Before you say anything, you can ask, “Am I free to go?”

If they say Yes: you can say,

“I don’t want to answer your questions”

If they say No: you can say,

“I want to remain silent.”

If ICE agents try to search your pockets or belongings, you can say, “I do not consent to a search.” If they search you anyway, you cannot physically stop them, but clearly saying it may be important in any future legal case.

This fact sheet gives only general information. It is not legal advice. Consult an attorney for legal advice.

Call 855-768-8845 for anEnglish Immigration Consultation

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CIVIL RIGHTS

Senate Takes Action on Gun Violence Prevention

n June 2, the Senate Democratic Majority is passing legislation to strengthen gun safety measures and ensure deadly weapons stay out of the wrong hands. The proposed legislation will update the criminal code to make the threat of mass harm a crime; require microstamping of ammunition; strengthen measures to prevent those with criminal backgrounds from obtaining guns and ammo; allow health care providers to file extreme risk protection orders, and strengthen regulations for high-capacity ammo, feeding devices, and body armor. It would also more broadly define the term “firearm.” Less than halfway through 2022, the United States has already endured over 200 mass shootings, with guns ranking as the number one cause of death among kids and teens. This public health crisis stands alone as one that could help be prevented with effective leadership. Gun violence rips through the fabric of every American community, and puts all citizens at unnecessary, increased levels of danger. The New York Senate Majority is building on its strong record of gun safety by advancing responsible and effective firearm regulations to end these avoidable tragedies.

•Establishing New Crimes of Mass Harm: This bill, S89B, sponsored by Senator Todd Kaminsky establishes the crime of making a threat of mass harm and aggravated threat of mass harm. This legislation clearly defines the criminality of those threats. • Act to Microstamp Ammunition: This bill, S4116A, sponsored by Senator Brad Hoylman, requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition. Senate Majority Leader Stewart-Cousins. Editorial credit: lev radin / Shutterstock.com

Senate Majority Leader StewartCousins said, “Our nation has been brought to a moment of reckoning due to weapons of war that have been too easily accessed by those seeking to kill. These weapons have made places in our communities like schools, grocery stores, houses of worship, and concerts, places of carnage. In these devastating times in New York and across the nation, we have worked with Governor Hochul, Speaker Heastie, and members of the Democratic Legislature to step up and send a mes-

sage that this path of gun violence is unacceptable, and we need real change.” The legislation being passed by the Senate Majority includes: •Permit to Purchase a Semi-Automatic Rifle: This bill, S.9458, sponsored by Senator Kevin Thomas, would establish a permit to purchase or take possession of semiautomatic rifles without affecting currently-owned semi-automatic rifles. Permits are only available to people over the age of 21, and require a safety course and background checks.

•Strengthening Background Checks: This bill, S4970A, sponsored by Senator Brian Kavanagh, requires the creation and imposition of restrictive commercial practices and stringent recordkeeping and reporting to prevent gun and ammunition sales to individuals with a criminal record. Additionally, the bill requires firearms recovered by law enforcement to be reported to the criminal gun clearinghouse within 24 hours. •Bolstering Extreme Risk Protection Orders: This bill, S9113A, sponsored by continued on page 6

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LEGISLATVE UPDATE

DACA Ten Years Later

Gun Violence Prevention/ continued from page 5

BY JR HOLGUIN

Editorial credit: lev radin / Shutterstock.com

his June 15 will be ten years since then-president Barack Obama held a press conference in the Rose Garden at the White House to announce the Deferred Action for Childhood Arrivals (DACA) initiative. DACA protects children brought to the U.S. unlawfully from deportation and gives them work authorization. "These are young people who study in our schools; they play in our neighborhoods; they are friends with our kids. They pledge allegiance to our flag," Obama said in a speech that June of 2012. "They are Americans in their heart, in their minds, in every single way but one: On paper." Obama clarified that this was temporary, and Congress needed to pass the Development, Relief, and Education for Alien Minors (DREAM) Act because "these kids deserve to plan their lives in more than two-year increments." But a decade later, since that speech, much has yet to change for DREAMers. The DREAM Act would protect the children referred to as DREAMers from deportation and have a pathway to citizenship. Since its introduction in 2001 by Congress, the DREAM Act has had as many as eleven iterations, and all have

failed to garner the necessary votes to pass. Throughout all this time, the more than 800,000 DACA recipients, who average the age of 26, contribute $9.4 billion in taxes yearly. Own and pay home mortgages. They have graduated high school and pursued higher education in college. Many DREAMers have secured jobs that are beneficial and essential to the country. DREAMers in the workforce include healthcare workers, educators, and thousands working in the food supply chain. Despite their enormous contribution to this country, DREAMers continue to be only that, dreamers. Things turned for the worse for

DREAMers when Donald Trump was president. The Trump administration tried to terminate DACA but was unsuccessful. The administration planned to block any new DACA request but was met with federal lawsuits by DACA recipients and others who challenged the lawfulness of the repeal. The U.S. Supreme Court ruled that the Department of Homeland Security (DHS) had not provided adequate reasons or followed appropriate processes in rescinding the policy. Soon after this ruling, Chad Wolf, then-DHS Acting Secretary, issued a memorandum in which he announced immediate changes to DACA policy while considering its future. Significant changes included "no new initial requests for DACA should be accepted" and "renewals of deferred action and the accompanying work authorization should be granted for oneyear, rather than two-year, periods." A few years later, a federal district court removed the Wolf memorandum and directed DHS to reinstate the original DACA policy. On his first day in office, January 20, 2021, President Biden issued a memorandum to the Secretary of DHS and the U.S. Attorney General to "take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA." Then, in July of that same year, district court Judge Andrew Hanen of the Southern District of Texas dictated that DACA was illegal and "created in violation of the law." Canceling Bidens's order, he blocked the government from accepting new applications to the program. Yet, immigrants currently protected by the program get to keep their status and can continue to renew while the case goes through the appeals process. This July, the 5th Circuit Court of Appeals will consider Texas' lawsuit challenging DACA, and the Biden administration will attempt to rescue the program and its recipients. It is dispiriting that despite the evident tried-and-true results DACA has had on this country, DREAMers are still living with uncertainty and have no clear path to citizenship. It has been ten years since Obama and his administration took steps to "lift the shadow of deportation from these young people." This country cannot allow another decade to pass while dreamers give and get nothing in return. Congress must act now. l

Senator James Skoufis, authorizes certain health care providers to apply for an extreme risk protection order against a patient. The bill also requires police and district attorneys to apply for an extreme risk protection order if there is probable cause that a person poses a threat. •Penalizing Large Capacity Ammo and Feeding Devices: This bill, S9229A, sponsored by Senator Brad Hoylman adjusts the definition of large capacity ammunition feeding device for purposes of the offense of criminal possession of a weapon in the third degree; and repeals section 265.36 of the penal law. • Act to Regulate Body Armor: This bill, S9407B, sponsored by Senator Brian Kavanagh, prohibits the unlawful purchase and the unlawful sale or delivery of a body vest. • Improving the Definition of Firearm: This bill, S9456, sponsored by Senator Luis Sepulveda adds to the definition of a firearm; provides that the term firearm shall also include any other weapon that is not otherwise defined containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive. • Reporting Hateful Social Media: This bill, S.4511A, sponsored by Senator Anna Kaplan, requires social media networks to provide and maintain mechanisms for reporting hateful conduct on their platform. •Task Force on Social Media and Violent Extremism: This bill, S.9465, Sponsored by Senator Jamaal Bailey, creates a new Task Force on Social Media and Violent Extremism in the Attorney General's office to study and investigate the role of social media companies in promoting and facilitating violent extremism and domestic terrorism online.l

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IMMIGRANTS’ CONCERNS

No, Latinos Don’t Actually Have Less Heart Disease – A New Large Study Refutes the Longstanding ‘Latino Paradox’ data to examine this issue.

BY OLVEEN CARRASQUILLO THE CONVERSATION

atinos may have higher rates of heart disease than previously thought, refuting a well-accepted idea known as the “Latino paradox,” according to a new study that I was involved in. The crux of the Latino paradox is as follows: A broad body of research shows that Latinos have higher rates of diabetes, obesity and uncontrolled blood pressure and cholesterol levels than non-Hispanic white people. So naturally, it would follow that Latino people should also have higher levels of cardiovascular disease. But for the past 30 years, a wide body of studies has found the opposite: Despite greater risk factors for heart disease, Latinos have lower mortality from rates of heart disease than non-Latino people. We found, however, that both Latino men and women have significantly higher rates of heart disease than non-Hispanic whites. In fact, for men we found rates of heart disease that were even slightly

higher than among Black people, a group with the highest rates of heart disease. We found that 9.2% of Latinos had a diagnosis of heart disease, compared with 8.1% among Black people and 7.6% among non-Hispanic white men. To do the analysis, we used data from the All of Us research program, which seeks to enroll at least 1 million people from diverse backgrounds over the next few years. We examined medical record data from the more than 200,000 people who have already signed up for the program, including over 40,000 Latinos. Going into the study, we assumed that

we would find evidence in support of the Latino paradox. Prior data on the paradox was based mostly on mortality records or self-reporting, both of which have inherent limitations. For example, without an autopsy, it is often hard to know for certain what led to a person’s death. People also may not be aware that they had heart disease, especially if they have not seen a doctor in a long time. Instead, our work looked at medical records and examined diagnoses of heart disease as determined by a physician during health care visits. We think this is a novel approach, as it uses more robust

Why it matters The widely accepted “Latino paradox” has been studied extensively. And until now, most studies have supported it, though none have found a concrete explanation for it. Medical and public health students are often taught about it as an unexplained phenomenon. But our study, using the largest research cohort of Latinos in the United States, seems to refute the paradox. The implications are critical because they suggest that like all groups, Latinos still need to take care of themselves by eating healthily, exercising regularly, watching their weight, avoiding smoking and getting regular check-ups. Those with diabetes, hypertension or cholesterol, need to make sure those conditions are well-controlled. These seemingly straightforward messages are the ones that doctors have been telling all of their patients for decades. Yet this study makes it clear that Latinos don’t get a free pass when it comes to continued on page 8

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IMMIGRANTS’ CONCERNS

Immigrant Advocates Recognize Key Investments in NYC FY23 Budget, But Demand More As Elected Leaders Fail Immigrant Students

ew York, NY: Late last night,[June 12], the New York City Council passed the FY 2023 budget. Included in its investments was an increase to the New York Immigrant Family Unity Project (NYIFUP) for $17.35 million; $6.5 million for Adult Literacy and an enhancement of $6.7 million in Adult Literacy Baseline funding; and support for Language Justice, which includes $3 million for Language Services Cooperatives and $2 million for a Community Interpreter Bank. Unfortunately, massive divestment of $215 million in public school funding and the exclusion of the Linking Immigrant Families to Early Childhood Education (LIFE) project and the transfer school pilot program that would have improved recently arrived immigrant students’ age 16-21 access to quality education through supportive transfer schools overshadows much of the positive aspects of the budget. The New York Immigration Coalition applauds the inclusion of several key programs for immigrant communities in the city budg-

Speaker Adams. Editorial credit: Ron Adar / Shutterstock.com

et, but demands further investments in immigrant New Yorkers as the pandemic continues to exacerbate inequities for immigrant communities. Murad Awawdeh, Executive Director, New York Immigration Coalition: “We commend Mayor Adams, NYC Council Speaker Adams, Finance Chair Justin Brannan, and the New York City Council for investing in Adult Literacy, Legal Services, Workforce Development, and Language Justice for immigrant communities. Additionally, we saw NYC step up and right a wrong from the State

budget that excluded undocumented families from childcare by investing $10 million in childcare for immigrant families in New York City. However, we are deeply disappointed by the lack of investments in key programs like Linking Immigrant Families to Early Childhood Education (LIFE) project and a pilot program that would improve older students' access to quality education, in addition to the morally incomprehensible $215 million reduction to the overall education budget. We must fund education at a level that ensures all have the opportunity to flourish and prosper, and cannot use a lack of Federal or State funding or fiscal prudence as an excuse not to do so. Anything less damages New York’s ability to build a workforce ready to innovate and meet future demands, and hurts our chances to create an inclusive economy where every New Yorker can contribute and thrive. We look forward to working with the Mayor and City Council in righting the ship to ensure an equitable recovery for immigrant New Yorkers.”l

Longstanding ‘Latino Paradox’/ continued from page 7 heart disease and that they also need to follow health guidelines. And our study highlights the ongoing need for culturally tailored cardiovascular health programs for the Latino community. What is still unknown Although our study analyzed data from the largest existing cohort of Latinos, we do not think ours is the definitive word on the topic. More research is needed, and we need to continue to think creatively about how to get at these questions. It is also important to keep in mind that Latino populations are not homogeneous. Latinos come from many different parts of Latin America, where diets, customs and lifestyles are all unique. For that reason, our team is interested in looking at health data focused on Latino subgroups, as well as comparing U.S.-born Latinos with immigrants. We also hope to examine the Latino paradox when it comes to other conditions such as cancer, which research has also shown occurs less frequently among Latinos than other groups. That is another paradox that we need to reexamine. l Olveen Carrasquillo is a Professor of Medicine and Public Health Sciences, University of Miami

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GENERATIONS

Vision Zero: DOT Announces Plan for Older Adult Pedestrian Safety

EW YORK: NYC Department of Transportation (DOT) Commissioner Ydanis Rodriguez on June 14, announced that the NYC Department of Transportation has released the Pedestrian Safety and Older New Yorkers Study, as well as a series of initiatives that are part of a larger investment to improve overall pedestrian safety at intersections. The study analyzes key factors contributing to crashes amongst older New Yorkers and put forth commitments to Vision Zero treatments like turn calming, which lower senior pedestrian deaths and serious injuries by up to 60%. The report also identified new Senior Pedestrian Zones to guide future engineering, enforcement and education. DOT will install turn calming treatments at 50 intersections annually and drastically expand pedestrian head-starts (known as Leading Pedestrian Intervals — or LPIs) installations by 2024 within those same zones, along with a host of other commitments to keep older pedestrians safe. “We recently convinced Albany to allow us to operate our speed cameras 24/7, but we have even more work to do,” said

DOT Commissioner, other officials and community members at the press conference. Editorial credit: PP/IQINC

Mayor Eric Adams. “Because the lives of the oldest New Yorkers are so precious, we are going to also work around the clock to protect them — being relentless in our pursuit of street safety — including safer designs.” “Crashes do not necessarily occur more often to older pedestrians, but we have found that when they do happen, the crashes are far deadlier,” said DOT Commissioner Ydanis Rodriguez. “That is why we must make the areas around senior centers even safer, building safer streets that are inclusive to all New Yorkers -- but especially those who are

most vulnerable. Data is always at the forefront of our work, and this study allows us to make targeted investments that will save the lives of seniors citywide.” “As an age-inclusive city that is committed to providing community care for older New Yorkers, protecting our older adults from traffic injuries and traffic deaths is imperative. I would like to thank the Department of Transportation’s leadership for highlighting this important issue and for the target goals outlined in the study that will help improve pedestrian safety,” said Department for the

Aging Commissioner Lorraine CortésVázquez. Senior Pedestrian Zones identified in the study will guide future engineering, enforcement and education. They cover the locations of approximately 30% of citywide older adult fatalities and severe injuries but only 13% of the city’s square mileage. DOT’s data driven commitments include: ·Extending LPI crossing times during mid-day in Senior Pedestrian Zones and at new LPI locations by the end of 2024 · Adding LPIs at all feasible intersections on Priority Corridors in Senior Pedestrian Zones by the end of 2024 ·Creating Senior Turn Calming initiative and installing treatments at 50 Older Adult targeted intersections annually ·Implementing ten or more Senior Street Improvement Projects annually ·Targeting Raised Crosswalks to older pedestrians and safety improvements near and at bus stop locations ·Targeting safety improvements to bus stop locations under elevated trains ·Targeting Older Adult Education and Outreach to Senior Pedestrian Zones l

Speeding ruins lives. Slow down.

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JOBS & RECESSION

What Services Can a Paralegal Provide? trative hearing. However, if the case is appealed to a court, you'll have to find a lawyer to represent you.

BY THE CHAMBER COALITION

he legal profession includes many individuals who are not actually lawyers. This, however, doesn't mean that they cannot do any legal work. There are plenty of services that can be provided by a paralegal, and these services can make all the difference in your case. Paralegals can perform substantive legal work that has been delegated to them by a lawyer. They often have a mix of work experience, education, and professional training that qualifies them for this job. Below are some of the services that you can request from a paralegal. Preparation of Documents Have you ever wondered how a lawyer is able to show up to different court cases on the same day and still have all the documents they need? This is usually because they have a team of paralegals to whom they delegate this work. Individuals in this profession are very good at preparing legal documents. From briefs and contracts to agreements, paralegals have the knowledge and experience to get these documents ready in a short amount of time.

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. Providing Legal Information to a General Audience Paralegals can't offer legal advice to someone. However, they can provide legal information to a general audience. There are many individuals around the country who are unaware of their legal rights in various situations. Employees, tenants, and other parties might be forced to endure certain conditions simply because they are unaware that the law is on their side. A paralegal can be brought in to provide some legal information to such an audience so they are more aware of where the law stands when it comes to certain issues or how they can go about

getting legal aid if they need it. Explaining Procedural Issues of Law Many people who have never been to court before will be surprised at how certain things are handled. You could spend a day getting ready to argue your case only for proceedings to be postponed. One reason for this is court procedures. There are many procedures that courts are required to follow and paralegals can explain these to you. Representing Parties in Administrative Law Hearings An administrative agency can allow a paralegal to represent you at an adminis-

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

Orientation is Monday, July 18, 2022

Join us via Zoom at 6pm

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IMMIGRANTS’ STORIES Commissioner Manuel Castro/ continued from page 1 other undocumented youth activists who helped lay the foundation for DREAMers. After years of advocating change for immigrants, he's now in charge of making those changes. City Services New York City provides essential services to all its residents regardless of their immigration status. In a recent interview with The Immigrants Journal, Castro told us, "One of the most important focuses of our office is to ensure that all government services are available for immigrant communities." The list is endless, split between legal services and city services: there are resources for NYCitizenship, COVID-19, housing, and Action NYC, to highlight a few. Still, Castro spotlights that all these services can be found in scores of different languages. "The Mayor is very supportive of making sure this is not an English [speaking] only city," Castro said. In order of Local Law 30, MOIA and the Mayor's Office of Operations use Census data to determine the top languages New Yorkers speak and ensure that all services receive that necessary translation appropriate for each community. Immigration Fraud Prevention All over the country, immigrants are targets of immigration fraud. Though accurate statistics of the number and frequency of these schemes happen are limited, it is

12 not know their rights or are afraid to come forward due to their immigration status and fear of deportation. "We want to make sure to find those bad actors as soon as possible," Castro said. "We're happy to support anyone if they think they are in the middle of a scam or have any suspicions." It's important to ask questions, ask for proof, get different opinions, avoid overthe-phone transactions, visit physical locations, and get copies and written receipts of all transactions. Castro urges immigrant New Yorkers that if they get even a speck of suspicion that they're being exploited, not to be afraid to reach out to MOIA for assistance.

known that immigrants fall for these evil schemes in many ways. Imposters make threatening phone calls imitating Immigrations and Customs Enforcement (ICE) agents demanding payments and phishing emails claiming the victim has landed a Green Card and must provide private information to collect it. Also, fake websites are emulating U.S. Citizenship and Immigration Services. The first nationwide study of immigrants falling prey to immigration fraud was conducted by Assistant Professor of Sociology Juan Manuel Pedroza from the University of California Santa Cruz earlier this year. Despite his report, the number shown could be only but a fraction. Experts believe many of these scams go unreported because the victims either do

Health Care Alternatives for Immigrants Another concern that immigrants are afraid to address is health. Fear of deportation because of their current immigration status leads to immigrants avoiding doctor or hospital visits when needed. NYC Care is a program that combats severe health risks in immigrant communities. Not quite health insurance but more of a health care access program, it is offered to New Yorkers who do not meet requirements for insurance or cannot afford it. "NYC Cares is a program… designed with immigrants in mind," said Castro. With NYC Care, patients pay what they can afford. Depending on the patient's family and income, they can qualify to

start at zero dollars. Locations are available in all five boroughs, including plenty of community-based health centers and 11 hospitals. Additionally, Castro announced that these services, which would typically have a 6-month waiting period before immigrants could qualify, will now be available immediately to all newly arrived immigrants omitting the waiting period. "Whether you're coming from you from the Ukrainian region fleeing that violence or Central America or the Caribbean," said Castro. "[Immigrants] can go to the hospital and make sure you get the support they need." A Message of Hope and Inspiration During what feels like unending times of adversity with COVID, war around the world, and the rise of racially motivated attacks in this country, a quote by Berny Sanders comes to mind, "For many, the American Dream has become a nightmare." But Commissioner Castro and the countless immigrants who overcame all obstacles would bet against that remark. It is not a nightmare, and it is not lost. "Embrace your story [and] share your story with others," said Castro. "We want to make sure this is not just a city of immigrants but a country of immigrants." And this is a country of immigrants. The American Dream exists because of immigrants.l

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HOW TO GET A GREEN CARD The Los Angeles Declaration/ continued from page 1 for more cooperatively managing migration movements across the Americas, a region that has seen very significant mobility in recent years. Latin American and Caribbean countries have a long history of cooperation around migration and protection. This history includes several mobility agreements that allow people to move within specific subregions (including Mercosur, the Andean Community, CARICOM, and a group of Central America countries). There have also been attempts to synchronize humanitarian protection policies both through the Cartagena Declaration in 1984 and, most recently, the Quito Process, which has helped governments coordinate their response to the Venezuelan displacement crisis. However, none of these agreements have involved such a hemispheric-wide group of countries as the Los Angeles Declaration does and, perhaps even more importantly, none have as directly involved the United States and Canada until now. The Los Angeles Declaration was signed June 10 by the following 21 countries: Argentina, Barbados, Belize, Brazil, Canada, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Panama, Paraguay, Peru, the United States, and Uruguay.

What made the Los Angeles Declaration possible is that, for the first time in modern history, almost all the countries in the hemisphere are now host countries for significant migrant and refugee populations. Just a few years ago, the United States and Canada were the primary destinations for most migrants from Latin America and the Caribbean, while most other countries in the region had significant numbers of emigrants. When people in the Americas gathered to talk about migration, it was almost always a conversation between immigration and emigration societies. Of course, there was always some migration among countries in the region, but nothing on the scale of what exists today. Since 2014, 6 million Venezuelans have left their country, with more than 5 mil-

lion moving to other countries in the Americas—the largest numbers in South America and significant numbers in the Caribbean, Central America, and Mexico. Since a catastrophic earthquake in 2010 and ongoing political and economic crisis, several hundred thousand Haitians have left their homes for not only the traditional destinations of the Dominican Republic, the United States, and Canada, but also other countries in the Caribbean and Latin America. And northern Central Americans have been leaving in especially large numbers, mostly to the United States, but with several hundred thousand settling down in Costa Rica and Mexico too. In fact, there are few countries in the region that have not received large numbers of migrants and displaced people, and many have

also become countries of transit for those heading elsewhere. Today, when the countries in the hemisphere discuss migration, it is a dialogue about shared challenges in managing large movements that affect almost every country in the region from the southern tip of Chile northward to Canada in surprisingly similar ways. It is significant that the Los Angeles Declaration was first proposed by the United States, a country that has generally been the most reluctant to discuss international cooperation around immigration management and policies. But it is a recognition of the increasingly hemispheric and truly regional nature and scale of migration movements that can no longer be managed in isolation, even by the hemisphere’s largest country. And the commitments put forward in the Los Angeles Declaration echo sensible ideas that have been on the table in other regional fora for years. The Declaration gained traction in earlier meetings among foreign ministers in Bogota, Colombia and Panama City, and several key countries in the region helped provide the core ideas that are in the final document, which lays out a set of four commitments for the future. First, the countries agreed to try to stabilize migration movements by investing in the root causes that lead people to leave their countries and by supporting continued on page 14

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HOW TO GET A GREEN CARD

The Los Angeles Declaration/ continued from page 13 those countries that have already received large migrant and refugee populations. It makes sense to give people alternatives to migration, when possible, to reduce migration pressures, even if some of these efforts are likely to take significant time to succeed. And supporting countries that already host large migrant and refugee populations, such as Costa Rica, Colombia, Ecuador, Peru, Chile, Belize, the Dominican Republic, and Trinidad and Tobago, will help them integrate the new arrivals successfully into their societies, which will help these countries prosper while also preventing further onward migration. In one tangible commitment announced in Los Angeles, the U.S. government unveiled several new options for development financing geared to supporting these host countries, an important downpayment on the pledge to help these countries succeed. Second, the countries agreed to expand legal pathways as an alternative to irregular migration. There is a gathering body of evidence that legal pathways can help deter irregular migration by channeling those who want to migrate into safer and more sustainable options, something that deterrence-only strategies have failed to accomplish. The Declaration calls for expanding temporary labor pathways, finding options for family reunification, and increasing efforts to provide human-

itarian protection. While each country will have to decide what to do within its own national legislation and based on its own priorities, the commitment to expanding lawful options for mobility at a time of significant irregular migration and displacement in the hemisphere is a welcome direction to pursue. At the Summit, the U.S. government announced important ways of expanding labor pathways for Central Americans. Other countries, including Canada, Mexico, and Spain, did so as well, a topic that a forthcoming Migration Policy Institute report and webinar next week will address. Third, the countries agreed to enhance their individual migration management capabilities and increase information sharing and coordination across borders to address smuggling networks, combat human trafficking, and conduct returns in ways that respect the dignity of those

returned and avoid deporting those with valid protection claims. Until recently, most countries in the region had little reason to invest in their migration institutions, since there was comparatively little movement towards most countries, but that has changed quickly over the last five or six years. And there is still much that can be done to create communication and cooperation in managing basic migration processes across borders, especially among neighboring countries. And finally, the countries agreed to create an early-warning system to alert each other to large cross-border movements, such as the Venezuelan displacement crisis or the large migration of Cuban nationals currently taking place. At present there is little systematic way of sharing this information or coordinating responses across several countries, so this is usually left to ad hoc measures that

fall far short of meeting the challenge. It is, of course, hard to know how the Los Angeles agreement will be implemented in practice. Like many other international declarations, it creates a set of shared proposals that governments agree they would like to pursue but leaves the actual details to later negotiations. However, this agreement is unique for the Americas in that it is the first attempt to create a common set of ideas about an issue that has risen to the top of policy concerns in many countries but, until now, had never generated a hemispheric conversation. And the early commitments from governments to specific deliverables suggests that there is momentum to do more that is actionable in the coming months to give form to the nonbinding commitments laid out in the agreement. The Los Angeles Declaration will be successful if it is the first, not the final, word on migration cooperation in the Americas, and the spark for efforts yet to come.l Andrew Selee is president of the Migration Policy Institute, a nonpartisan research organization in Washington, DC. This commentary was first published by the Migration Policy Institute at at www.migrationpolicy.org/news/losangeles-declaration-migration-cooperation.

GREEN CARD SLAVERY?

Don’t put up with ABUSE anymore! Whether married or not, whether your spouse is a U.S. citizen or Green Card Holder, we can get a Green Card for you and your children PLUS a divorce.

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No. 35

2022: Fire Your Landlord and Become a Homeowner BY CHEREEN JAMES

o you find yourself moving from apartment to apartment within one and two years, just to pack up and move again? Do you get annoyed with disruptive knocking, texting or calling every first day of the month for the rent? You need to fire your landlord today. How? By becoming a homeowner. When you are a homeowner, you are in charge of whether you stay for decades, pass on generational wealth, or earn profits in equity and rental income. Here are some key things to know before you fire your landlord. Know your financial situation Before you toss your keys to your landlord, you need to know your financial situation. This will help you make a decision about what type of property you can afford and where you may want to live. You should have money saved up for the down payment on a home, at least 3.5% of the desired

your credit before you can purchase a home.

price. If you’ve saved enough cash to purchase a home without a mortgage, then you can close faster. Just be aware that you will need room in your budget for any additional fees, such as legal and title fees. If you need a mortgage, you may speak to several lenders about your options and interest rates before you commit to a mortgage. You may be able to purchase a home that brings enough rental income to help pay the mortgage, so that your wages stay in your pocket. Once it is clear that you

can purchase a home, you will receive a pre-approval from the mortgage lender. Fix your credit In order to be granted a pre-approval, you need a good source of income and good credit. Mortgage lenders will ask for documents showing your income, like taxes and pay stubs, and they will need your credit score. If you are in serious debt, you may consider a credit repair program or speak to a bankruptcy attorney about resolving

What to Expect When Facing Judicial or Non-Judicial Home Foreclosure BY JANET HOWARD

ecent surveys show that a significant number of Americans are unprepared to handle an unexpected bill of $500. As many as 80% of Americans live paycheck to paycheck. A sudden job loss, illness or accident can create financial chaos. For anyone paying off a home mortgage, foreclosure and the impending loss of their home can quickly become a reality. State foreclosure laws vary, and a homeowner facing foreclosure should quickly become familiar with state and federal laws outlining procedures and requirements. Both the process and length of time involved will depend on the type of foreclosure allowed by state law and documents that were signed to finance the home purchase.

Judicial vs. Non-Judicial Foreclosure Just under half the states employ judicial foreclosure in which the foreclosing party must begin a lawsuit to regain the property. A complaint and summons are filed in court and then served on the homeowner. The remaining states use non-judicial foreclosure, a process that generally works more quickly and begins when the homeowner receives a notice of default from the loan servicer that foreclosure and sale of the home is imminent. Judicial foreclosures are more common

when a mortgage is involved. Nonjudicial foreclosures are most common where ownership involves a deed of trust which includes a power of sale clause. Judicial foreclosures tend to take longer for several reasons. First, federal law requires homeowners to be 120 days in arrears before a foreclosure suit may be filed. Second, the court process is slow due to crowded dockets, required hearings and a limited number of available judges. Once a homeowner has been served with a complaint, he or she usually has 20-30 days to file an answer which either admits or denies the allegations, raises potential defenses and tells the court why foreclosure is improper. Filing an answer prevents the lender from obtaining a default judgment and automatically winning. continued on page 7

Decide what type of home to purchase Now that you’re pre-approved for a loan, you will be shown your loan amount, the home size that you may purchase, and the property taxes that you can afford to pay. If you’re purchasing with cash only, then the ultimate decision on the type of home is yours. There are condos, single family, multiple dwellings, and co-ops that you may choose from based on your loan amount and market value of the desired property. Co-ops are not considered to be real property but are shares in a cooperative stock. When you purchase co-op shares, you own the share; you must adhere

continued on page 4

INSIDE: Do You Need an Agent? The Answer Is Yes! ...............................2 Divorce and Foreclosure: What You Need to Know ......................3 What Kinds of Property Deeds Are There? ............................................5 Beware of Mortgage Scams ...................................................5 Avoid Surprises at the Closing Table .......................................6 Real Estate Careers for People Who Don’t Want to Buy or Sell Homes ..........................8

Call Equity Smart Realty at 888-670-6791 for a consultation.

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EQUITY SMART REALTY

Do You Need an Agent? The Answer Is Yes!

Tristian Phillip

Wayne Jordan

f you’ve bought or sold a house before, it may be tempting to decide to go through the process without the help of a real estate agent and their fee. Know what you’re getting into before taking on this responsibility. For both buyers and sellers, an agent is an important ally who can handle the paperwork and negotiating, which can get tricky, and make the process much less stressful for you. Here’s what to know when you’re considering an agent: Sellers Time Magazine reported that 90 percent of home sellers use a real estate agent.

The agent understands the market and the appraisal process and can provide expert advice on how to move a home more quickly, how to market it effectively and more. Knowing market trends, they often are better able to negotiate the details of the contract. Your agent handles all of the walk-throughs and open houses as well, making them particularly helpful for sellers with inflexible work schedules. If you’re not sure about your agent or having an agent at all, consider signing a short-term contract, so you can reevaluate how well the relationship is working.

Buyers An agent can help you find a lender, a title company and an assessor and answer questions about the types of loans available, different down payment assistance programs in your area, how much you can afford based on your budget and the benefits and drawbacks of different neighborhoods, although many aren’t allowed to directly tell you yes or no about a neighborhood. Agents also know what to look for when you’re walking through the house. You may not notice a slight hump in the floor, but an experienced agent will and knows to ask the owner what caused it.

They know possible issues to look for and questions to ask depending on the neighborhood (traffic patterns, persistent noises, if a family of raccoons lives nearby, and what electricity usage is like). Your agent works for you, so do your homework and find one you’re comfortable with. You can ask for recommendations and check online reviews. The buyer’s agent is paid through the sale of the home, not out of your pocket. We are happy to help and share our insight and experience to help you with the real estate investing process. Schedule an appointment today. Call 888-670-6791. n

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HOME OWNERSHIP

Divorce and Foreclosure: What You Need to Know BY VICTORIA FALK

hat do you do when "I do" turns into "I don't," and you can no longer stand to be in the presence of the person that you imagined you would spend the rest of your life with? You vowed to be together "…for better, for worse, for richer, for poorer, in sickness and in health…." However, the sight of this person now 'makes you sick,' and you wonder if things can get any worse. Divorce becomes inevitable. Divorce can be devastating, as two people who legally joined their lives together return to living separate lives. Gone are the hopes and dreams of "forever," and in many cases, there may be a loss of income. As a result of divorce, individuals who enjoyed, in many cases, shared savings and shared living expenses are now faced with the challenge of maintaining a household without the same level benefit of financial assistance from another person that was previously received. It may be a financial challenge for one spouse to purchase the house from the other or maintain the full responsibility of taking care of the homeowner's expenses on their own. The relationship between the divorce rate and the foreclosure rate is evident, with the

foreclosure rate increasing as the divorce rate increases. According to a study conducted by Citywide Home Loans, divorce is one of the most common foreclosure causes. "Frequently, divorce means that one person is designated as responsible for making mortgage payments. This can put financial stress on the individual making mortgage payments, especially if there are missed spousal support payments. The stress that the divorce process brings ( both emotional and financial), along with impaired communication, can also mean missed mortgage payments," found Citywide Home Loans.

However, divorce does not have to lead to foreclosure. There are things for the divorcing couple to consider. According to AllLaw, "A couple going through foreclosure at the same time they are going through a divorce should be aware of several issues such as: Who is responsible for the remaining debt on the home? How will the debt be repaid? What will happen to the house?" They may decide that one spouse may 'become the sole owner' of the property, or if neither of them wants the house, …they can attempt a short sale or deed in lieu of foreclosure. If one spouse will take over the property and the mort-

gage, that spouse can then apply on their own for a modification or refinance." Most divorcing couples cannot communicate on the level needed to come to a compromise regarding the home and the mortgage on their own due to the deterioration of their marital relationship. As a matter of fact, it is not uncommon for one spouse to want the other "to get out of the house" and/or to accuse the other person of wanting to miss required mortgage payments to spite the other spouse intentionally. Thus, increasing the likelihood of foreclosure. An experienced divorce attorney and real estate expert, such as Mr. Brian Figeroux, of Figeroux and Associates, can assist those going through a divorce who are also facing foreclosure. Missed mortgage payments and foreclosure can affect your credit history years after the divorce. So, know your rights and responsibilities. Legal Assistance If you or someone you know is in the process of divorce and facing foreclosure, then it is a critical time to speak to a lawyer. Visit www.AskTheLawyer.us to get expert legal advice today or call 855768-8845. n

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HOME OWNERSHIP

Fire Your Landlord/ continued from page 1 house rules of the cooperative and pay maintenance fees. Condos are real property, and you have full rights of ownership—you just have to pay the common charges. Single and multiple dwellings are real property. You should familiarize yourself with any local rules and codes that apply to your type of home. Understand the loan closing process Since you received your pre-approval and offered to purchase a home, you should have a contract reviewed by an attorney and you should have signed it after reviewing it. You will need to speak to the lender about your next steps toward a loan commitment. The lender will order an appraisal of the property. If the property is appraised at a higher value or at an equal value to your offer, then you will be cleared to receive funds towards the purchase of the home. If the appraisal is lower than your offer, you will have to contribute the difference between the lender’s appraised value and your offer. At times, the lender may not approve because of your financial situation. So it is important that you research the home’s value when making an offer with a mortgage. Understand your legal rights and responsibilities Once you receive the commitment for the loan, your lender will work with you on closing the transaction on your new home. You are now a homeowner. You

should understand your rights and responsibilities. Know your property. There may be easements that you share with your neighbors; you may share a fence or a driveway. Understand your rights to use those easements. You typically find out your home’s survey and easements on the title report before closing. As a homeowner, you should know your local rules, such as building permits to make certain renovations and even garbage disposal rules. You should also be aware of whether you need to register your home with your local administrators; for instance, multiple dwellings in New York City must register with HPD. Knowing your local rules is important because they may result in fines. As a homeowner, you need to be aware of any liens placed on your property and whether any fraudulent transactions, such as fraudulent deeds, are being made against your property. Speak to a real estate attorney on your legal rights and responsibilities.

Take control of your taxes As a homeowner, you should be aware of tax incentives and deductions. You can deduct the interest you pay on your mortgage as well as the points you were charged. If you use part of your home as an office, you can deduct the cost associated with it. Check your locality for any tax abatements for low- income earners. In New York City, low- income earners can receive STAR abatement. Homeowners should speak to a tax representative on your tax options. When you find yourself cramped in your tiny apartment or room, you should fire your landlord. Speak to a real estate broker, real estate attorney and a mortgage lender about your options and your rights. There are programs that can help you with the home-buying process and those representatives can inform you. Fire your landlord and enjoy the benefits of homeownership. Questions? Help is just a phone call away. Call us at 888-670-6791. n

Call Equity Smart Realty at 888-670-6791 for a FREE consultation.

To register: Email: info@mynacc.org Visit: www.nacc.nyc Seminar date: Thursday, July 14 @6pm Via Zoom Can’t make it? Call 888-670-6791

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KNOW YOUR RIGHTS

Beware of What Kinds of Property Deeds Mortgage Are There? Scams BY SUSAN M. KEENAN

T I

t's easy to be enthusiastic and excited about the prospect of home ownership, but it's important to be aware that there are many ways potential buyers can be taken advantage of. From courses for homeowners to companies trying to make a quick buck, there are many things to avoid. If you're on the market for a home and are trying to find the mortgage that will best benefit you, here are some of the tricks you may want to be wary of. Forgetting About the Finances The amount of home you can afford and will be approved for largely comes down to your debt-to-income ratio and your credit history, so if you're not getting the tough questions about money, this may be a bad sign. While it's not the lender's job to make a budget for you and decide your month-to-month expenses, if they're embellishing your financial well-being and presuming you can take on more house, you may want to look into another lender.

he legal documents used to transfer titles to real estate are referred to as property deeds. The names of the legal owners to the real estate are placed directly onto the property deeds. Each time a piece of real estate is sold, a new property deed must be issued. The two most commonly used types of property deeds are warranty and quit claim deeds. Warranty Deeds Commonly used in most real estate transactions, warranty deeds provide guarantees that the property being sold is free and clear of any encumbrances or claims. The grantor, or seller of the property, warrants that he is the rightful owner of said property and that he holds the title to it. Therefore, he offers the assurance that he has the right to transfer the title to the property. The guarantee that the property is free and clear is limited to that particular transaction only. Each time a property is sold, a new deed must be issued. Quit Claim Deeds Used when special circumstances exist, quit claim deeds do not offer any guaran-

Need a deed transfer? Call us at 855-768-8845.

tees that the property is free and clear. However, the grantor of the real estate guarantees that he owns the property and has the right to transfer it with a quit claim. Circumstances when quit claim deeds are used include: •Property ownership is transferred into a living trust. •A spouse is removed from inclusion on the deed. •A property is transferred as part of an inheritance. Survivorship Deeds A survivorship deed is used to transfer ownership of a property to a surviving spouse. It is used most commonly when property is purchased by couples and one of the spouses dies. This type of property deed allows the surviving spouse to avoid

probate. Life Estate Deeds A life-estate deed is designed to transfer the title to real estate directly to a new owner upon the previous owner’s death. It is sometimes used when a parent promises a child that he will receive the property when the parent dies. A life-estate deed includes the stipulation that the parent can remain in the home until the time of his death. Life estate deeds are utilized less frequently than other types of property deeds. If you have questions or want to set up a deed transfer, consult with a well-qualified real estate lawyer. Help is just a phone call away. Call us at 855-7688845.n

High Loan Costs Since a mortgage generally requires the homebuyer to borrow money, there is an associated interest rate on the loan that is a percentage of the total price. While this is the cost of doing business, rates that exceed more than 5% should be questioned to determine what they're made up of. While there can be a legitimate reason for a higher cost, it's important to understand your options and costs with a variety of lenders so you can make an informed, financially-wise decision. Mortgage Offers for Everyone For those who have a poor credit history and do not have any savings, the idea of home ownership can seem like a pipe dream. Unfortunately, there are lenders that are willing to capitalize on this hope and will feed people – particularly those at high risk – the idea that they have the ability to buy. Instead of relying on a company that may take advantage and charge high interest rates, research the lender you're dealing with to ensure they're known on the market and have your best interests in mind. Assistance The ultimate dream for many people is to own a home of their own, but it's important to be aware of your mortgage options and your financial stability so you can avoid a bad experience. If you're currently on the market for a home, you may want to contact one of our mortgage professionals for more information. We will be happy to meet with you and share our guidance. Schedule an appointment today. Call 888670-6791. n

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KNOW YOUR RIGHTS

Avoid Surprises at the Closing Table BY ALEX MASON

ome things in life are a welcome surprise, and some people thrive with the feeling of "winging it." A real estate transaction isn't something you should do on the fly, though. When you are buying or selling a piece of property, knowledge is power and answers are everything. All cards must be on the table from all parties involved to have a hassle-free and litigation-free transfer of property. Hiring a quality real estate agent will help to cut down on the shocking surprises that may be too late to correct or cope with. Whether you are buying or selling, be sure you have a real estate agent at your side at all times if you want to avoid surprises. Know Your Loan Terms and Conditions When a buyer finds the perfect property, it is easy to approach the lending stage with blinders on. After all, we want nothing more than to secure the property and call it our own. However, the fine print in the loan document can cause nightmares. Your loan contract is full of terms and agreements that, when breached, could result in the forfeiture of the home. A qualified loan officer is there to serve you, breaking down all the terms and con-

ditions into layman's language. The borrower needs to understand what each loan product means in terms of repayment, interest rate, and the difference between a steady fixed rate loan and the often shaky adjustable rate loan. The fixed loan rate will be somewhat higher than an adjustable one. However, this loan product is a safe guarantee that the monthly mortgage payment will never fluctuate and increase should future interest rates rise. The adjustable rate loan may offer a lower monthly payment initially, but it can be a game of risk when the loan adjusts in two, three or five years to an unknown interest rate. Closing Costs The buyer and seller need to be on the same page with the closing agreements and have everything put into writing. There are no valid verbal agreements in the real estate game, so be sure your buyer's or seller's agent has all the terms and conditions written in the contract. Overlooked factors that could create

chaos include a misunderstanding of the escrow length, if the seller will contribute a portion towards the buyer's closing costs, and what fixtures or furnishings will accompany the sale of the property. Similarly, items in or around the property that are not welcomed by the new buyer must be removed from the property before escrow closes. This may include a backyard spa, refrigerator in the garage or unwanted lighting fixtures inside the home. Parties on the Title Once a home is purchased, a title to the property will be issued to the new owners. In most cases, a husband and wife will have both names added to the title. However, in some cases, the property title is going to be shared with another party that was involved with the purchase. This may include friends or family of the primary buyer, or anyone else they see fit. Putting someone on the title to your new home may seem like a benevolent gesture, but buyer beware for complications down the road. A property may not be

resold until all parties on the title have consented and sign for the sale. When someone outside of the immediate family in listed on the title, there could be a tug of war as to when to sell the property, how much is the asking price and a battle over the profit. In addition, parents who wish to put their young adult children on the title must proceed with caution. A young person, particularly males between the ages of 16 and 24, are an extremely high risk to add to the title of a piece of property. One reason comes down to the driving skills and high insurance rates for young male drivers. Should a young and inexperienced driver become involved in an auto accident, the injured party may sue for damages and walk away with your home. If the wayward driver is on the title of the home, the property is fair game with a lawsuit. If you wish to ensure your young adult child will be handed the property after your death, simply get a will and state him or her as the beneficiary to the home. This is the safe and sane way to protect your property from auto liability and lawsuits while taking control of the situation. If you are ready to buy or sell, you may want to contact one of our real estate professionals for more information.We will be happy to meet with you and share our guidance. Schedule an appointment today. Call us at 888-670-6791.n

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SAVING YOUR HOME Judicial or Non-Judicial Home Foreclosure/continued from page 1

home during the redemption period even if the buyback proves impractical in the end.

In non-judicial foreclosures the homeowner must initiate court proceedings by filing the complaint. The initial filing should also request a temporary restraining order (TRO) and a preliminary injunction to prevent the foreclosure action from proceeding pending court action. Obtaining a TRO requires the person seeking it to show he or she will suffer irreparable harm unless the order is granted. The potential loss of a family home usually meets that requirement. Once the matter is in court, the foreclosure process naturally slows down. If a homeowner can survive a motion for summary judgment in which the lender wins by showing there is no legitimate dispute regarding a material fact, the discovery and trial preparation process will likely take months to complete. The discovery process allows both sides to request information from the other including property and financing records. Depositions may be taken or written questions may require answering as each party tries to obtain further evidence to justify or defend against foreclosure. Judicial foreclosures are less expensive for the homeowner since the owner is not the one starting the lawsuit. Judicial foreclosures place the burden on the lender to prove the foreclosure is justified and that applicable laws have been followed. Conversely, the homeowner must pay to

Length of the Foreclosure Process In 2019, the average foreclosure took more than 800 days from the time of first notice to end of the foreclosure process. In many states the actual process may take more than a year, and in a handful of states the foreclosure process often takes several years. Hawaii, Nevada, Georgia and New Jersey foreclosures statistically take the longest time to complete ranging from an average of three to four and a half years. Alaska, Oregon, Mississippi and Montana are among states with the shortest timelines often coming in at less than one year. California, Colorado, Nevada and other states have recently enacted laws that provide added protections for homeowners facing foreclosure. Some states require lenders and homeowners to attempt mediation prior to moving ahead with foreclosure proceedings. Compliance with these laws often results in extending the time needed to complete foreclosure. Receiving notice of foreclosure does not mean loss of a home is inevitable. A number of defenses may be available to prevent the loss. Actions can be taken to slow down the process, minimize the anxiety and even save the home under the right circumstances. Consultation with an experienced real estate attorney should be among the first steps taken for anyone facing foreclosure. n

start a lawsuit in non-judicial foreclosures. The lender, at least initially, does not need to prove anything. The homeowner has the burden to show the foreclosure action is improper. Remaining in the Home A homeowner can remain in the home without making payment at least until the foreclosure process is completed. In fact, the homeowner should remain in the home since the owner is ultimately responsible for the home and any damage to the property until required to vacate. Remaining in the home is often a requirement to take advantage of a loan modification program. Staying without paying also provides the opportunity to save money to put toward a new, less costly residence if saving the current home proves to be impossible. The homeowner should explore options which can prevent loss of the home or which might, at least, minimize the dam-

age to the owner's credit report. Losing a home through foreclosure will appear on a credit report and will typically prevent purchase of a home for the following 3-5 years. Options to foreclosure include loan modification, short sales and surrendering the deed to the property in lieu of foreclosure. If a court determines a judicial foreclosure is appropriate, the homeowner still has time before being required to vacate the property. The lender must schedule a date for the home sale and publicize the sale. Notice often requires several weeks of publication in a local newspaper. State law may also require a current home appraisal be performed. Some states also provide for a redemption period following foreclosure during which the homeowners can buy back the property. Depending on state law, the homeowner may be able to live in the

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REAL ESTATE CAREERS

Real Estate Careers for People Who Don’t Want to Buy or Sell Homes

hen you think of a real estate professional, you likely get a very specific image of a residential real estate agent, helping people buy and sell their homes and performing all of the related tasks. That is definitely the best-known real estate career, but it’s not the only one. If there are some aspects of a residential real estate sales career that are attractive to you and others that are not, perhaps you would be better suited for a different career path in real estate. In this article, we explore some of the lesser-known real estate careers available and help you find one that is the right fit for you. Commercial Real Estate Salesperson Commercial real estate agents help clients lease, buy, and sell commercial property. There are many similarities between commercial and residential agents, but there are some unique differences as well. For one, the commercial real estate sales process often takes longer than the residential process. And the needs and concerns of the clients you will serve are not the same. Both residential and commercial real estate careers require that you earn your real estate salesperson’s license. Legally, there is no post-secondary education

required to become a commercial real estate agent in most states. However, most commercial brokerages expect their candidates to at least have a bachelor’s degree. Like a residential agent, commercial agents must “hang their license” with (work beneath) a broker. You can learn more about the commercial real estate career path in this article. Real Estate Broker A real estate broker owns and runs a real estate brokerage company. To become a broker, you must earn an advanced license. Every state’s rules are different, but most require that you log a prescribed amount of time as a licensed agent before you can earn a broker’s license. Real estate brokers

operate independently, which means they keep 100% of their commission split. They often also have real estate agents working under them in their office, who they hire, support, and manage. There is a significant amount of responsibility that comes with running a brokerage. As a result, some brokers choose not to represent clients in the sale or purchase of real estate and dedicate all of their energy to running a successful brokerage. Business Broker Business brokers aid and assist buyers and sellers in the purchase of businesses. At first glance, this might seem like the same job as a commercial real estate agent, but it’s not. For example, commercial agents might be responsible for selling a dental office. But a business broker would sell the business that occupies that office along with the property. Some states require a license to become a business broker. Even if you live in a state that does not require one, it’s recommended that real estate professionals complete specialized business broker training to be successful at it. Loan Officer Loan officers play a critical role in the real estate transaction process, since most buyers will require a loan to make a real estate purchase. There are loan officers who specialize in both mortgage (residential) and commercial lending. They work for lending institutions, like banks, and act as an intermediary between the consumer and the lending institution. They work to understand their clients’ needs and provide lending solutions tailored to the individual or company they’re serving. When an ideal option is identified, they also assist individuals in the loan application process. Home Inspector It is incredibly rare today for a house to sell without a home inspection. Home inspectors examine, analyze, and report on the physical condition of a property. They play a critical role in presenting all of the information about the property, so the buyers can make a decision about whether or not to move forward with their planned purchase. Home inspection professionals often (but not always) begin their career in one of the building trades. When they make the decision to become a home inspector, they typically complete their education to learn more about home systems they are unfamiliar with and the ins and outs of running a home inspection business. Some states require home inspectors to complete their education and become licensed, while other states do not.

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Real Estate Appraiser Real estate appraisers provide an estimate of land and building value before real estate is sold, developed, mortgaged,

taxed, or insured. Because there are so many factors that influence the value of property, including specific local market conditions, real estate appraisers typically practice in a very specific and defined geographic location. Real estate appraisers are required to complete specific education and meet licensure requirements to practice in their profession. Real Estate Assistant Real estate assistants work with agents and brokers to serve clients and manage the day-to-day tasks associated with helping them buy and sell real estate. The level of service an assistant can provide without a license varies from state to state. For that reason, some agents and brokers prefer to hire assistants who have earned their license. Real estate practitioners vary in how they pay their real estate assistants. Some pay a predictable hourly wage or salary. Others offer a commission split. Real Estate Developer Real estate development is a career field that requires the vision to look at a blank canvas of land and imagine what it could be. Many tasks fall under the umbrella of real estate development, and most developers do some combination of them. Developers purchase land, finance deals, and manage the development plan for a given piece of real estate from beginning to end. Real estate development is typically a high-risk, high-reward career. Developers shoulder all of the front-end investment, but ultimately maximize the value of the land before taking that space to market. If they’ve done their homework and demand is there for the specific property they’ve developed, there’s a significant financial opportunity waiting for them on the back end. House Flipper Reality television has made the phrase “flipping a house” something we all understand. And if you’re the right person for this line of work, it can be quite lucrative. However, as we’ve also learned from reality television, the number of people who are actually good at flipping houses is significantly smaller than the number of people who think they’re good at it. House flippers typically purchase a house based on potential. They invest in improving the property through their own (or hired) labor and ultimately aim to resell the property for a profit. Landlord or Property Manager Landlords own property they rent to tenants. That property can consist of land, commercial buildings, apartments, and houses. Property managers work on behalf of a landlord to perform a variety of services that can include marketing rentals, maintenance and upkeep, rent collection, responding to tenant concerns, and even handling evictions. It is also not uncommon for a landlord to act as their own property manager. n

Source: Kaplan Real Estate Education

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The Immigrant’s Journal - Vol. 166

Articles inside

Senate Takes Action on Gun Violence Prevention

Vision Zero: DOT Announces Plan for Older Adult Pedestrian Safety

8-page Insert: Fire Your Landlord, Foreclosures & More

Immigrant Advocates Recognize Key Investments in NYC FY23 Budget