The Immigrant’s Journal - Vol. 179

Congress Proposes the Case Backlog and Transparency Act to Tackle USCIS Backlogs

BY RAUL PINTO

The backlog of pending applications at U.S. Citizenship and Immigration Services (USCIS) has increased expo nentially in the last few years. Congress is finally taking notice.

The Case Backlog and Transparency Act, introduced by Congressman Tony Cárdenas on October 25, seeks to address the long delays encountered by millions of immigrants who applied for an immigration benefit but have failed to receive a decision. The Act would impose strict reporting requirements on USCIS, ensuring that the agency informs Congress about the number of cases pending

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Is a Trial Necessary in a Car Accident Injury Case? ....22

Arleigh Louison is Dead. The Pain and Devastation of His Immigration Fraud Lives On.

BY MARY CAMPBELL

Federal law enforcement agents arrested Arleigh Louison on July 18, 2019. He was indicted in Vermont on 12 counts of making false statements and submitting over 1,800 fraudulent immigration applications to the United States Citizenship and Immigration Services (USCIS).

“A federal grand jury returned a 12count indictment against Arleigh Louison, 53, of Brooklyn, New York,

charging him with running an immi gration fraud scheme that included the filing of false statements with the United States Citizenship and Immigration Services, including over 1,800 fraudulent applications for over 1,000 petitioners within the last four years. Diplomatic Security Service (DSS) agents arrested Louison in Brooklyn, New York, and executed a federal search warrant at his office,” said the U.S. Department of Justice

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4 Things You're Doing That Cause a Man to Lose Interest ....21

The late “Untouchable” Arleigh Louison. Photo: Facebook

The Migrant Bus-lift Volunteers Need City Support and Recognition

BY RUTH W. MESSINGER URBAN MATTERS

For the past two months, I have been a regular twice-a -week vol unteer at the Port Authority Bus Terminal, as more than 17,000 immi grants and asylum seekers bused to New York from Texas have arrived with no plan in place for what happens next.

What I found was the most extraordi nary volunteer operation I have seen in many decades of work. A group called Grannies Respond stepped in to take this on, operating at the terminal under the name TLC-NYC. They had people sign ing up for shifts throughout the day, start ing at 6 am. They negotiated a space at Port Authority and their volunteers would greet arriving asylum seekers with an enthusiastic welcome.

Within two hours or so of each bus arriving on highly erratic schedules the volunteers would distribute water and donated food; would give people access to a clothing table and outfit them with at least one or two changes of clothing; and would interview each person.

The interviewing is critical, because they were able to identify arrivals who had friends and relatives in New York City or elsewhere in the US. Then they contacted these friends and relatives, often made great connections, and actu ally bought bus tickets to send people to family in other states. Their quick inter ventions helped people who had traveled through six or seven countries and been thrown on buses by the Texas governor get access to a place to go while saving the City a shelter bed and costs.

For most of the last few months that I have been volunteering, City govern ment agencies have also been on hand, occasionally providing useful informa tion and work, but mostly doing as speedy a “welcome” as possible. The result: A barebones processing of arrivals, then loading them back on buses to various City shelters where we know that there is serious overcrowding, ques tions about meeting standard of care, and an insufficient support system.

The City personnel on site not only don’t fully collaborate with the substan tial volunteer presence, but often actually work at cross-purposes with them, rush ing people to buses without more than

the clothes on their backs, moving to a shelter someone who can instead be given a bus ticket to a cousin ready to welcome them.

Now we are at a new crossroads. The flow of arrivals has abated because of new and inhospitable Federal policies toward Venezuelans fleeing oppression. So, while fewer buses are arriving, the immigrants who have come in through the terminal in the last several months now come back to the Port Authority because they have learned that TLC will provide a meal and clothing, help with legal, medical, and employment planning – in short, treat them like people with obvious needs instead of letting them languish in shelters.

And the volunteers continue to be amazing. They help people with their immediate needs, have donated more clothing than it is possible to imagine, and are now signing up volunteers to sort the clothing and help individuals find what they need. This is critical for people who have come here with nothing and are about to experience a New York win ter.

What troubles me is that the City con tinues to take credit for being welcoming but does not recognize or appreciate what volunteers are doing, and does not assign a coordinator to work with these amazing people who are organized, effi cient, and actually doing much of the welcoming. They have been asked to assign a coordinator and create a shared effort which could be fully extended to the people in the shelters, but they have

not responded.

Having been in City government, I understand what a daunting challenge this is. I agree with Gustavo Rivera that we desperately need the mayor to work with the City Council to develop longerterm plans for affordable housing.

There’s a further, vital role for the City: To persuade the Federal government to waive the absurd provision in the law that none of these asylum seekers can legally apply for work for 150 days!!!

These are people dying to work, eager to make money and look for places out side of the shelters to live. They are in New York when there are worker short ages in construction and at restaurants, where there have been requests for this new pool of laborers.

The City should also rally private sec tor leaders to make the case to the Federal government that encouraging employment is a critical next step that will save us benefit money, add to our economy, and decrease the likelihood of people taking jobs illegally, with the all the dangers attending that.

There’s a need for the City to do more and also to share credit and collaborate with the hundreds of volunteers who are helping manage this crisis. l

Ruth W. Messinger is global ambassador for American Jewish World Service. She is a former member of the New York City Council, served two terms as Manhattan Borough President, and was the Democratic Party candidate for mayor in 1997.

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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 recog nize the enormous contribution of immigrants to this country economically, socially and polit ically. Since September 11, 2001, however, immigrants have increasingly been discriminat ed against and Congress has passed legisla tion 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 natural ized 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.

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Randall’s Island Migrant Shelter to Close; Migrants Speak of Their Experience

BY JR HOLGUIN SPECIAL TO THE JOURNAL

Mayor Eric Adams will open a fourth Humanitarian Emergency Response and Relief Center (HERRC) to serve asylum seekers arriving in New York City and will begin demobilizing Randall's Island Relief Center.

Randall's Island Relief Center, which Mayor Adams placed to house 500 single adult males, had remained nearly empty from the time it opened.

In a statement released November 10, the Adams administration stated that the number of single adult males seeking asylum in New York City has reduced, leading to the closure of Randall's Island Relief Center.

Those asylum seekers currently housed in Randall's Island Relief Center will be offered transportation to the fourth HERRC, located in the Watson Hotel in midtown Manhattan, which is designated with 600 rooms to aid asylum seekers.

"We continue to welcome asylum seek ers arriving in New York City with com passion and care. This Humanitarian

Emergency Response and Relief Center will provide asylum seekers with a place to stay, access support, and get to their final destination," said Mayor Adams.

The "humanitarian emergency response and relief center," a giant tent, was ini tially planned to be placed at Orchard Beach in the Bronx but was relocated to Randall's Island and opened its door to migrants Tuesday, October 18.

The Adams’ administration built the center to house 500 men to alleviate the overran shelters in New York because of

the many migrants bused from Texas.

So, how much is that controversial tent complex for newly-arrived immigrants on Randall's Island costing New York City taxpayers? Comptroller Brad Lander wants to know. In a letter sent on Friday, November 11, to the city's budget office, Lander demanded the price tag and contract specifics after Mayor Eric Adams decided to close the refugee camp-style facility less than a month after it opened. "This was a debacle," Lander told City Limits. "So many peo

ple were saying to do this in a hotel from a humanitarian point of view, but that's true from a resources point of view too."

Lander specifically asked the Office of Management and Budget (OMB) for a "detailed accounting of the costs associ ated with erecting, dismantling, rebuild ing, and operating the HERRC facility initially sited at Orchard Beach and relo cated to Randall's Island."

An August 2022 report by the Texas Tribune confirmed that the state of Texas spent a sum of $12,707,720.92 busing migrants from Texas to New York, Chicago, and D.C.

Some of the men in the shelter said they spent close to 50 days in detention centers in Texas before being bused to New York. But with an estimated head count of fewer than 150 men currently staying at the shelter, every migrant story is different.

A man from Venezuela worked odd jobs along the way and bought his bus ticket to New York. While another migrant from Haiti said his trip was less stressful, he flew to Puerto Rico and then took a final flight to New York.

Randall’s Island Relief Center. Photo by JR Holguin/IQ Inc

Immigrant Workers Say Chipotle is Firing Them for Organizing

BY AMIR KHAFAGY DOCUMENTED NY

Across the country, overworked and underpaid Chipotle workers, organizing with 32BJ SEIU, have been fighting to form a union. Since 2019, in New York, immigrant workers, who have been leading that fight, have faced workplace retaliation, with several even being fired for their organizing efforts.

It was December of 2021 and the pan demic still appeared to have no end in sight. Like many other Chipotle immi grant workers, Winifer Pena Ruiz made the decision to quit her past job at McDonald’s to go to her new company’s White Plains Road location in the Bronx. “The pay was better and I thought the hours were going to be better and more flexible,” she said.

Since coming to the U.S from the Dominican Republic in 2018, she has been sending almost every penny she earns back home to support her aging mother. A job at Chipotle, which paid her $17 an hour, $2 more an hour than she earned at McDonald’s, would make a

world of difference for her family. Yet three months into the job, she began to grow disillusioned with the company. “The manager would be very negative to the employees and treat us like we were her little kids,” she said. “She would yell at us and cut our hours.”

Feeling mistreated, last April, 22-yearold Ruiz began organizing her co-work ers with the help of 32BJ SEIU to form a union at her location. When she signed a petition demanding an increase in wages, her managers found out and pressured her not to support the union.

“I feel I was being targeted for my

involvement, ” Ruiz said. “She said I was crazy for signing the petition and that unions are bad and that they steal peo ple’s money through dues.”

On September 19th, she was fired. Without a job, she can no longer send money back to the Dominican Republic to purchase the vital medication her mother requires.

“It affected me a lot negatively when I got fired,” she said. “My mom depends on me a lot.”

In response, SEIU 32BJ, the union leading the campaign to unionize Chipotle, filed an unfair labor practices charge against Chipotle on Ruiz’s behalf

with the National Labor Relations Board. Ruiz is one of the immigrant workers of Chipotle who claims to be fired due to their union activity. Across the country, overworked and underpaid Chipotle workers, organizing with 32BJ SEIU, have been fighting to form a union. Since 2019, in New York, immigrant workers, who have been leading that fight, have faced workplace retaliation, with several even being fired for their organizing efforts.

In 2020, Luisa Mendez, who was employed at Chipotle’s 14th Street loca tion in Manhattan, was fired for using her paid sick time to care for her family. She believed it was in retaliation for her union activity. In April, another immi grant Chipotle worker, Brenda Garcia, claimed that she was also fired for lead ing union efforts at her Flushing, Queens location. A few months later in July, 16 Chipotle workers filed complaints with the New York City Department of Consumer and Worker Protection (DCWP), claiming management had either cut their hours or were fired for their union efforts.

Editorial credit: lev radin / Shutterstock.com

Chipotle is Firing

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For nearly a decade, immigrant workers of Chipotle bore the brunt of the compa ny’s toxic workplace practices. In 2011, 600 suspected undocumented workers at Chipotle locations across Minnesota were abruptly fired. Dozens more Latino workers were fired in Washington D.C. without prior warning. After receiving a warning from the Department of Homeland Security, who audited Chipotle’s personnel records and found that it had hired undocumented immi grants, the company initiated mass fir ings without giving workers sufficient time to prove their status.

“The company used us,” said a fired worker at the time. “And when it didn’t serve them anymore, they threw us away like trash.”

In August, Mayor Eric Adams announced that Chipotle would be forced to pay $20 million to 13,000 Chiptole workers for violating their right to pre dictable schedules and paid sick leave. The settlement came after 160 Chiptole workers and SEIU 32BJ, complained to DCWP that the company was violating the City’s Paid Safe and Sick Leave Law and its Fair Workweek Law.

Under the Fair Work Week Law, fast food restaurants can’t fire or reduce the hours of a worker by more than 15 per cent without cause. Since the law went

into effect in 2017, DCWP has received more than 500 complaints about Fair Workweek violations, opened more than 250 investigations, and obtained resolu tions requiring over $24 million in com bined fines and restitution for more than 17,000 workers. Still, Ruiz had her hours severely reduced and was abruptly fired, in clear violation of the law.

“No one who bravely decides, as Winifer did, to stand up and demand the respect and dignity all working New Yorkers deserve should ever wonder if doing so will cost them their jobs,” said Kyle Bragg, SEIU 32BJ President. “Sadly, her experience is only one exam ple of Chipotle’s troubled operations in New York.”

Since the settlement, DCWP stated that they are currently investigating Chipotle for possible recent Fair Workweek viola tions.

In the meantime, last month, the New York City Council Committee on Consumer and Labor Protection held a

hearing regarding two key pieces of leg islation addressing the problem of fast food companies, including Chipotle, that repeatedly violates the Fair Workweek law. Intro 0613 would allow the City to deny, suspend, or revoke the fast food restaurant permits of the most egregious, repeat violators of these laws. Additionally, Intro 0640 empowers the City to mandate that fast food employers pay for the time their employees spend in training regarding their rights.

Councilmember Carmen De La Rosa, who chairs the Council’s Committee on Civil Service and Labor and is one of the lead sponsors of both pieces of legisla tion and has been closely following the Chipotle unionization effort for about two years when a store in her Bronx dis trict began to organize. Workers at that location were being fired for unionizing or had their hours cut in retaliation. An immigrant single mother had told De La Rosa that her hours were cut because she couldn’t work evening hours due to her

children. Although the City has a Fair Workweek law on the books, on the ground, De La Rosa was learning about continued violations.

“What we are hearing from the reports from the workers locally, from the dis trict, and from across the city is that they are not following those laws, They are violating those laws,” she said.

After her discussions with Chipotle immigrant workers in her district, De La Rosa determined that she needed to push for increased protection for these work ers.

“The bill I introduced would specifical ly put at risk their license to be a food service establishment with the City of New York if they continue to be egre gious,” she said.

De La Rosa believes that given Chipotle’s refusal to follow labor law, the only way for Chipotle immigrant workers to truly have justice is by forming a union.

“Clearly they are not going to adhere to the city laws and not even to the state laws that are being put in place,” she said. “So, they are going to continue to violate, if they have a unionized work place they will be forced to, one collec tively bargain and two, protect these Chipotle immigrant workers and make sure they are not exploited. I think organ ized labor is one of the tools provided for

CM Carmen De La Rosa. Photo: carmenfornyc.com

Kyle Bragg, SEIU 32BJ President Editorial credit: lev radin / Shutterstock.com

Biden Directs Pregnant Migrant Minors to be Sheltered in States That Allow Abortions

BY JANET HOWARD

WASHINGTON, DC: In June, the U.S. Supreme Court over turned Roe v. Wade, the land mark 1973 ruling recognizing a constitu tional right to abortion. At least 20 states now have full or partial abortion bans, while some have been blocked by litiga tion.

In response to the abortion ban, the Biden administration issued a directive on Thursday, November 10, stating that pregnant migrant children should be sheltered in states that allow abortions.

The U.S. Office of Refugee Resettlement (ORR) is responsible for sheltering unaccompanied minors who enter the U.S. illegally. The policy is twofold: First, ORR must prioritize plac ing pregnant immigrant youth in shelters in states where abortion has not been banned; and second, if a minor is in a shelter where abortion is banned requests access to abortion, ORR must transfer her to another state where she can obtain care.

The ORR's guidance issued to staff said that girls who are sheltered in states such as Texas that ban abortion and request

abortion services should be transferred to states that allow the procedure. According to ORR data, about one-third of the 123,000 unaccompanied migrant children taken into U.S. custody in the fiscal year 2021 were female. The data does not specify how many of them were pregnant.

This recent guidance builds on an ORR memo issued in 2021 that said pregnant unaccompanied minors should not be sheltered in Texas after the state passed a restrictive abortion ban. The directive makes the guidance the agency's official policy.

The guidance issued on November 10 builds upon a previously issued policy secured in a lawsuit brought by the American Civil Liberties Union that was the culmination of a years-long battle to ensure access to abortion for minors in ORR custody.

In response to ORR's new guidance, Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project, issued the following statement: "We applaud ORR's decision to place pregnant unaccompanied immigrant youth in states where they can access the full range of health care they may need,

The policy is twofold: First, ORR must prioritize placing pregnant immigrant youth in shelters in states where abortion has not been banned; and second, if a minor is in a shelter where abortion is banned requests access to abortion, ORR must transfer her to another state where she can obtain care

including abortion. The abortion bans in places like Texas not only prohibit access to abortion but also to some miscarriage care. While unaccompanied immigrant youth should not be detained in the first place, this guidance will play a critical role in ensuring healthcare access for them, many of whom come to the United States fleeing violent circumstances, including sexual assault.

"While this is a step in the right direc tion, the Biden administration must con tinue its efforts to ensure abortion access for other people in government custody by strengthening Bureau of Prisons, Immigration and Customs Enforcement, and Customs and Border Protection poli cies. Abortion is essential health care, and accessing it shouldn't depend on your immigration status, whether you're incarcerated, or which state you're in."l

TPS Extension “A Critical and Timely First Step”

BY AMERICA’S VOICE

Washington, DC: Late Friday, November 11, the Biden Administration announced via the Federal Register that beneficiaries of Temporary Protected Status (TPS) desig nations for El Salvador, Honduras, Nepal, Nicaragua, Sudan and Haiti that are at issue in litigation can retain their status for an additional 18 months. In October, settlement talks ended in the Ramos v. Mayorkas lawsuit, meaning that the TPS status for immigrants from Nepal, El Salvador, Honduras and Nicaragua (which have not been redesig nated) was set to expire at the end of this year because President Trump had tried to eliminate it. Without further action from the Biden Administration, hundreds of thousands of immigrants who have been living and working in the U.S. for decades would have lost status and become deportable.

While the Administration did extend TPS for these countries, the Administration did not redesignate TPS for these countries, which means anyone who arrived since TPS was granted is not eligible.

The following is a statement from Vanessa Cárdenas, Executive Director of America’s Voice: “Extending TPS for these countries is a critical and timely first step to protect hundreds of thousands of people and their families who have been living, working and contributing to America for a very long time. The uncertainty for these families and individuals has been lifted, at least for another 18 months. Hundreds of thousands of other people from these countries will not qualify because the President did not redesignate TPS, simply extended it. In light of vio lence and instability that is driving peo ple to migrate from many of these same countries, that is a mistake and a missed

opportunity we hope the President will reconsider.

Congress also needs to act so that fam ilies and individuals who have lived and worked here a long time can earn perma nent status and an opportunity to apply for citizenship. Living your life in uncer tainty, not knowing if your status will be renewed, is bad for families, employers, and entire communities. Many TPS hold ers and many Dreamers with DACA have lived in the U.S. longer than they have lived in any other country and we should have a permanent and secure path for them to be able to chart their futures so that they can continue to contribute to building strong families and communi ties.”l

is Firing / continued from page 6

workers to have those protections in place.”

Responding to Documented’s request for comment, Chipotle denied that Ruiz was fired for her union activity.

“We respect our employees’ rights under the National Labor Relations Act and are committed to ensuring a fair, just, and humane work environment that pro vides opportunities for all,” said Laurie Schalow, Chipotle’s Chief Corporate Affairs Officer. “Ensuring that our restaurants are in full compliance with applicable laws and regulations is criti cal, and we encourage our employees to contact us immediately, including through an anonymous 800 number, with any concerns so we can investigate and respond quickly to make things right.”

While working at Chipotle, Ruiz had dreams of bringing her mother to live with her in New York. She also wanted to save enough money so she could study medicine and one day be a doctor. Her love for helping people is what drives her to become a doctor and what drive her to build a union. “I wanted the company and the workplace to be better,” she said. “Even if I don’t stay there for a long time, I want to be sure someone else who starts working for Chipotle will do a good job and have a union contract pro tecting them.” l

Reprinted with kind permission.

Editorial credit: Phil Pasquini / Shutterstock.com

Chipotle

4 Things You Should Never, Ever Say If You Hope to Sell

BY EQUITY SMART REALTY INC

Have you ever had a conversation with a total stranger where you said something that you regret? If you are placing your house or condo on the market, you're eventually going to end up having to chat with potential buyers. Yes, your real estate agent is likely to do most of the talking. However, you will still have to deal with buyers that want to grill you about the home's history, condi tion and more. With that in mind, let's have a look at four things you should never say to someone who is interested in buying your home.

"We're Not Accepting Offers Less Than…”

A good way to kill your sale and have a buyer walk away is to set a price floor on bids and offers. Even if the amount you are asking for is reasonable, many buyers will pass because they are offended that they're being forced to bid above a certain price. Unless otherwise advised by your agent, it is best to let buyers feel in con trol of the offer process. You can always counter-offer later.

"Our House Has Been on the Market For…"

Stating how long your house has been on the market is rarely a good look. No mat ter how short or long the listing period has gone on for, buyers don't need to know this. Moreover, if your home has been on the market for months, knowing that may scare potential buyers off.

"We've Always Meant to Renovate That…"

If you were going to fix, improve or even clean something in your home, you prob ably would have done it before inviting potential buyers in. Your goal is to present the house you do have in the best possible light. Try to avoid pointing out areas that a buyer is going to need to renovate or invest in later.

"We

Need to Close the Sale By…"

The last thing you want to do is look des perate to close the sale and move on. Buyers and their agents are going to be looking for signs of weakness which will allow them to submit low-ball offers for your home. If you let on that you have to sell or move by some deadline, you can

rest assured that you are not going to get as much when you sell.

There you have it – four of the (many) things you should not say to potential buyers of your home. For more tips and advice about selling your home, contact our professional real estate team today. We are happy to help. Call Equity Smart Realty Inc at 888-670-6791 l

83% of Schools Welcoming Newcomer Students Faced Budget Cuts Earlier This Year, NYC Comptroller Analysis Finds

New York, NY: A new analysis from the NYC Comptroller's Office found that the majority of schools welcoming new students from families seeking asylum faced budget cuts earlier this year and many are due far more in per pupil funding than they have yet received from the Department of Education. The Comptroller’s office analysis estimated that 368 schools enrolling newcomer students are due more than $39 million in Fair Student Funding, calculated using the enroll ment-based formula that provides schools with their budgets and factors in weights for various student needs.

“New York City schools are opening their arms to new students as only this city of immigrants can, but they need all the help they can get to meet this chal lenge,” said Comptroller Brad Lander. “As the city moves beyond standing up emergency measures in response to the arrival of asylum seekers in NYC, it’s time to make comprehensive funding plans to meet the needs of these students

and ensure that the schools welcoming them have the programming and support staff needed to help them succeed.”

On October 31st, DOE released School Allocation Memorandum 65, which pro vided $12 million for schools with 6 or more newcomer students ($2,000 per stu dent) that can be spent for per diem or per session staff, but not new permanent teaching staff, counselors, social workers or paraprofessionals. The memorandum showed that students are concentrated in a small number of schools based on shel ter proximity, not necessarily based on preexisting capacity (bilingual teachers, dual language programs, social emotion al and wellness supports) to meet these students’ needs.

Of the schools welcoming new stu dents, 83% saw FSF budget cuts already this year, and 36% faced a cut of 10% or more of their FSF funding. Schools that are already operating at a deficit of resources are now stretching as dozens of new students enroll. For example, one District 2 school saw a 35% cut in FSF

funding this year. The school has wel comed 61 newcomer students and is receiving a SAM 65 allocation of $122,000, far less than the estimated $435,000 in per pupil FSF funding for these students, which usually comes after the mid-year enrollment adjustment.

The Comptroller called on the Department of Education to develop a plan to provide schools with ongoing funding for newcomer students including

allowing principals to hire staff with the new SAM 65 funding and prioritizing schools with newcomer students for the full amount of FSF funding their new enrollment entitles them to now rather than the 75% they typically receive in November. l

The analysis is available at www.theimmigrantsjournal.com

for Bankruptcy Before or After the Holidays?

BY JANET HOWARD

Bankruptcy helps people who can no longer pay their debts get a fresh start by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect finan cially troubled businesses. Filing bank ruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bank ruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.

It may seem like there is never a good time to file for bankruptcy, but with the holidays sneaking up on us, it may seem like now is one of the worst times. If you're struggling financially, money can be the last thing you want to think about during a time dedicated to family and cel ebration.

However, filing for bankruptcy before the holiday can have its perks.

If you're considering waiting to file for bankruptcy until after the holidays are over, here are a few reasons you may want to change your mind.

1. You don't need to worry about over spending.

If you're already struggling with debt, you may want to file for bankruptcy before you do your holiday shopping. By com pleting the paperwork before you shop, you will be limited on the amount you spend on gifts — preventing you from falling deeper into debt.

Many individuals believe that they will be able to erase their holiday expenses if they wait to file. Unfortunately, this isn't always the case and more often than not you're left paying a credit card bill you can't afford.

Keep yourself — and your spending in check by filing for bankruptcy before the holidays begin.

2. You won't stress (about money) while spending time with family. When spending time with friends and family over the holidays, you don't want your mind to be elsewhere. If you're wait ing until after the holidays pass to file for bankruptcy, you may find your mind wan dering to what the process will look like, if you'll be able to file, or how much your attorney will cost.

Filing for bankruptcy before the holi

days means you can get the process start ed and your questions answered before your family and friends stop by. When you aren't worrying about the bankruptcy process, you can enjoy your time with the ones that you love.

3. Your gifts and bonuses won't chance your bankruptcy filing. One of the best parts about the holidays is giving and receiving gifts. You may even be expecting a large bonus from your employer or a monetary gift from your parents, grandparents, aunts, uncles, or other family members.

Unfortunately, these gifts and bonuses can influence your income, potentially

making bankruptcy filing more difficult. Because each chapter of bankruptcy has salary limitations or requirements, a gift or bonus may push you over that amount and you will no longer be able to file for that chapter.

If you file before those gifts or bonuses are given, they will not influence your income.

Filing for bankruptcy can be confusing no matter what the time is. But when it comes to the holidays, you can get it out of the way before your busy schedule begins. If you're debating filing for bank ruptcy, you may want to seriously con sider finding time to submit the paper work before the holidays begin.l

USCIS Backlogs/ continued from page 1 and the average processing time for each type of immigration benefit adjudicated by the agency. Cárdenas’s proposal would also require USCIS and the Government Accountability Office (GAO) to analyze the backlog’s causes and propose ideas to cut down on the delays.

Delays in processing USCIS applica tions can be devastating to immigrants in the United States. Immigration benefit and renewal applications are vital to immigrants’ prosperity and safety. Unfortunately, over the past few years, these delays have gotten substantially worse.

For example, current USCIS data shows that the delays in processing of Form I-730—the application USCIS needs to approve before individuals granted asylee or refugee status can bring their immediate family members to the country—increased from 7.9 months in 2017 to an alarming 28.6 months in 2022. Delays in processing this benefit can leave family members of individuals who have been persecuted in their home countries in harm’s way, impeding their family unification.

Adjudication of other crucial benefits such as work authorizations, provisional waivers of grounds of inadmissibility, and the agency’s decision on visas for victims of crimes also have significantly

increased during the past five years. Some people even lost their jobs because USCIS did not adjudicate a work permit renewal in time.

Delays in adjudication have plagued USCIS for years. The problem grew as the agency shifted its focus during the Trump administration from granting ben efits to enforcement, weaponizing these delays to restrict immigration whenever possible. USCIS was also heavily impacted by the COVID-19 global pan demic, which limited the workforce and access to files in certain cases, contribut ing to the delays. However, as the coun try slowly emerges from the pandemic, the delays at USCIS are inexplicably worsening. This has left immigrants in limbo about their status or that of their relatives.

The bill would bring much needed accountability to USCIS through the enactment of transparency measures. For example, Cardenas’s proposal would require the agency to issue annual reports not only on the backlog data, but also on the agency’s existing efforts to amelio rate the backlogs, detailed plans to elim inate the backlogs, and measures to pre vent future backlogs. The bill also would require USCIS to publish reports on the agency’s website.

Reducing backlogs by making USCIS accountable to the public is laudable and an important first step.

However, the bill is but one small step toward addressing the myriad number of issues in the nation’s immigration sys tem. Of course, lawmakers should take the agency to task when it fails to meet its processing goals. But Congress must also help the agency by providing more direct funding for backlog reduction, something that the agency normally would be required to pay for through increased fees on applicants.

Congress should also expand the path ways for legal immigration because the current immigration laws do not meet the nation’s labor needs or humanitarian aspirations. Without such reform, any ameliorative measures the agency adopts will only provide a temporary stopgap to the broader problems caused by a legal immigration system which hasn’t been significantly updated since 1990.l

Migrant Shelter/

continued from page 4

Luis, whose name was changed per his request, traveled from Nicaragua, where he left behind his wife and six-year-old daughter. After trekking from Nicaragua to Eagle Pass, he turned himself to Border Patrol agents. After being released, he met a family who bought him a new phone after U.S. Customs lost it—leaving him without any communica tion back home. The family bought him a plane ticket to New York. After staying in Manhattan shelters for two days, he was relocated to Randall's Island. "I am only missing my OSHA training to start work ing in construction," said Luis. He hopes to get to work quickly, saying that's the only reason he migrated from his home.

While speaking with many migrants, many share the same outlook. Hoping to eventually return home and expressing that they would not have left so much behind if this were not life-or-death.

"I want to work five to ten years, take care of my family, and pay for my daugh ter's education," said Luis. With a desponded cadence, he says that by the time he returns home he's daughter will be older. "It's worth it," said Luis, "then I want to return to my family and my peo ple. My home."l

Read more stories at www.theimmigrantsjournal.com

1

press release.

“The indictment charges that the false statements were made in connection with Form I-360 petitions for status adjust ments under the Violence Against Women Act (VAWA). In short, the indict ment charges that Louison presented or caused the presentment of adjustment of status petitions containing false state ments to the United States Citizenship and Immigration Services Service Center in St. Albans, Vermont claiming that the petitioners were victims of abuse. The indictment also charges that these peti tioners, who paid Louison for his servic es, did not discuss abuse with Louison, were not abused as described in the peti tions, and did not authorize the state ments made in the petitions Louison sub mitted to USCIS. The indictment also charges that Louison fabricated fee waiv er petitions on behalf of these individuals without their knowledge.”

The immigrant community is a fragile one. We spoke to Attorney Brian Figeroux of the Law Firm of Figeroux & Associates. Mr Figeroux has been prac ticing immigration law for almost 25 years and is a member of the American Immigration Lawyers Association (AILA). He shared the following: "When

people come to the office with immigra tion issues, it's a painful situation. If they have been taken advantage of and defrauded, they've been here for many years, undocumented, and exploited by their employers or fellow people from their own community. So, yes, pain is a common thing."

Pain and Arleigh Lousion

Figeroux spoke on the pain and the dev astation from Louison's fraud: "So, one of the pains that people suffer, a lot of people in Kings County, especially from the Caribbean, is the pain that they have after Arleigh Louison, who is now deceased. He defrauded people by sub mitting fraudulent immigration applica tions on their behalf. There were lies in those applications that persons were abused by their spouses, children, or oth ers, which did not qualify them for immi gration benefits."

Figeroux continued, "So, Arleigh Louison knew that you had pain. He was a notary, not a lawyer. Louison preyed on that pain and filed those fraudulent appli cations because he knew you would make bad decisions. You would make immoral decisions or Christian life deci sions to have the ability to work in America. He also knew that you got to feed your children, wife, husband, and family back home. You need to send

those barrels. He's aware of it. And by being aware of your pain and your need economically to survive, he took advan tage of you. It doesn't matter what he said. You would sign those forms even though you didn't know what was written on the documents, which is what many persons who Arleigh Louison defrauded said. And there are other notaries in the community that do the same. In fact, some bad lawyers do the same. So, when you have pain, you also must be careful to who you disclose your pain, and you must get a second or third consultation if you think what the person is saying is either illegal, immoral or will get you into trouble.

Problems for Victims/Clients

Louison has since passed. However, he has left a carnage of victims facing deportation and a myriad of immigration

issues. What does this mean? Since Arleigh Louison was arrested for immi gration fraud, the files of all his clients will be reviewed by the Immigration & Customs Enforcement agents (ICE). Additionally, every single client will be served a Notice to Appear (NTA) and be interviewed by ICE agents with the sole purpose of seeking admission to initiate deportation proceedings. The NTA is the first step taken by the American govern ment to remove an immigrant from the country.

If you were a client of Louison, it is imperative that you consult with an AILA attorney and do not meet with ICE alone. You should also seek the advice of more than one counsel. Get a case evalu ation. ASK THE LAWYER – call 855768-8845 or visit www.askthelawyer.us to schedule an appointment.l

Arleigh Louison/ continued from page

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. English

Call 855-768-8845 for an Immigration Consultation

ICE Fails to Justify Solitary Confinement Placements and Identify Vulnerable Populations

BY EMILY CREIGHTON

Solitary confinement is widely criti cized as a cruel and unnecessary practice. It’s largely unsupported by the public as a disciplinary measure and badly in need of reform.

On October 26, the Government Accountability Office (GAO) released a report on solitary confinement practices used by U.S. Immigration and Customs Enforcement (ICE). It highlighted the dangers of solitary confinement—detri mental health impacts such as anxiety, depression, posttraumatic stress disorder, and increased risk for self-harm and sui cide—and ICE’s failure to comply with its own solitary confinement policies within its vast web of detention facilities.

One of the GAO’s primary findings was ICE detention facilities did not provide detailed documentation justifying the placement of a person in solitary confine ment. ICE’s policies allow detention facilities to place a person in solitary con finement—one or two-person cells sepa rate from the general population for up to 24 hours per day—in certain circum stances.

The GAO found detention facilities var ied significantly in the amount of docu mentation provided to justify solitary confinement. In a review of documenta tion for a sample of 147 solitary confine ment placements in fiscal years 2019 and 2021, the GAO found 61 documenta tions—approximately 41 percent—pro vided only a cursory explanation of why ICE used solitary confinement. Examples of offenses justifying solitary included: 1) “conduct that disrupts or interferes with the security or orderly operation of the facility” or 2) statements that a person was a security risk to themselves or the facility (with no explanation why).

The report also found serious deficien cies in another area of reporting required under the agency’s own guidance. ICE field offices must note when individuals identified as part of a vulnerable group are placed in solitary confinement. The GAO found, however, that ICE’s solitary confinement data did not successfully identify people who were part of vulnera ble groups.

The Segregation Review Management System (SRMS) is the data system ICE uses to track solitary confinement place ments. When the GAO compared SRMS to other databases used to track vulnera ble populations, such as those individuals with mental health conditions or other disabilities, they identified serious dis crepancies. For example, between fiscal years 2017 through 2021, SRMS identi fied 476 segregated housing placements involving detained individuals with seri ous mental health conditions. In a review of a different database that tracked seri ous mental health conditions, however, the GAO identified an additional 3,541

solitary confinement placements of detained individuals with serious mental health conditions that were not identified in SRMS.

An additional troubling GAO finding was the large percentage of solitary con finement placements categorized as “dis ciplinary.” Of the 14,581 solitary confine ment placements between fiscal years 2017 and 2021, ICE categorized 5,906 (about 41 percent) as disciplinary. This is true even though ICE policy directs detention facilities to use solitary confine ment only for high level offenses, includ ing fighting and assault.

Finally, the report found ICE’s com plaint process lacking. After reviewing

complaint data, the GAO found that ICE Health Service Corps took action on most of the complaints it received, but the ERO field offices did not.

In response to the serious issues out lined in its report, the GAO recommends ICE (1) provide specific guidance to ERO field offices about how to document deci sions to place individuals in solitary con finement, and (2) identify all detained noncitizens in vulnerable populations in solitary confinement. According to the GAO, ICE concurred with the recommen dations.

These recommendations do not address some of the serious continuing concerns with misuse of solitary confinement in

ICE detention facilities, but they do address continuing transparency and oversight concerns. Policies that require ICE better justify the placement of indi viduals in solitary confinement remove any potential excuse-making on the agency’s part that guidance is unclear or inconsistent. In addition, the requirement that the agency keep better data about individuals in vulnerable populations in solitary confinement has the potential to provide a more comprehensive picture of the individuals in ICE detention who are part of vulnerable groups and their treat ment in detention.

There is wide agreement that ICE does not reliably conduct oversight over soli tary confinement. Worse, it has actively sought to destroy records about solitary confinement and other records about abuse in detention. The GAO’s report indicates, again, that oversight entities should continue to challenge ICE’s soli tary confinement practices. In addition, the GAO’s methodology—including its analysis of data from various ICE data bases and descriptions of the data and information that the agency keeps—pro vides a helpful roadmap for FOIA requesters who would like to examine ICE records to conduct their own over sight.l

Exploring Research: Can Coronavirus Cause Diabetes?

BY FAYE RILEY PHD DIABETES.ORG.UK

There is growing, but mixed evi dence to suggest that coronavirus (COVID-19) is linked to a new diagnosis of diabetes in some people. We take a look at the research so far and explain what scientists are doing to find answers.

New cases of diabetes

Research from across the globe has pointed to a higher than expected num ber of new cases of diabetes in people who have had coronavirus. But we should keep in mind that several studies have found no evidence that the virus iscausing an uptick in cases of diabetes and there’s still a lot we don’t know.

Researchers have studied the link between coronavirus and new diagnoses of diabetes in lots of different ways. For example, some studies have only looked at children, some only adults, some only people who’ve been in hospital with coronavirus, and some included people with milder cases of coronavirus. This makes it tricky to compare the findings and draw conclusions.

Studies from the UK, the United States and Germany point to a raised risk of developing diabetes after coronavirus infection. Results suggest people who’ve had coronavirus are anywhere between 31% and 166% more likely to later develop diabetes, compared to people who haven’t had the virus.

Yet other studies raise important ques tions about whether coronavirus is play ing a direct role in the increase in new cases of diabetes seen during the pan demic. For example, there’s evidence to suggest that some people may have had undiagnosed diabetes when they caught coronavirus which was discovered only when they became ill with the virus.

What type of diabetes?

We also still have a lot to learn about the type of diabetes that could be triggered by coronavirus, and what might be going on inside the body to bring on different types of diabetes.

Type 1

Type 1 diabetes happens when the immune system attacks the pancreas and destroys its insulin-making cells. Scientists think that there are a variety of complex environmental and genetic rea sons that could explain why the condi

tion develops. And viruses could be one potential trigger. But the evidence around this is mixed and we just don’t know for sure yet.

As coronavirus is so new, there’s a lot we still need to learn about how it affects different organs and interacts with our immune system.

Small studies looking at pancreas cells grown in the lab and pancreas samples taken from people who sadly died from coronavirus have suggested that the virus can enter and damage insulin-making cells.

One theory suggests this invasion might then turn the immune system’s attention on the pancreas and triggers a wider destruction of insulin-making cells.

But there isn’t yet any evidence to show this is happening in people who’ve devel oped type 1 diabetes after coronavirus.

Type 2

New diagnoses of type 2 diabetes have also been reported in people who have had coronavirus. It’s possible that coron avirus is bringing existing type 2 diabetes to light, as people with the virus are more likely to see doctors and get health checks that could pick up the condition.

We know that the effects of lifestyle changes brought on by the pandemic and lockdowns have increased bodyweight and blood pressure in some people and these changes could have sped up a type 2 diabetes diagnosis in those already at risk.

Another theory is that inflammation inside the body caused by coronavirus brings about insulin resistance, a feature of type 2 diabetes, which means the body isn’t able to make proper use of the insulin it’s producing.

It's also a possibility that coronavirus is directly infecting and damaging insulin-

making cells. This damage could reduce the amount of insulin people can make, leading to higher blood sugar levels and a diagnosis of type 2 diabetes. But there’s little evidence to support these theories.

A new type of diabetes

Scientists are also looking into the possi bility that coronavirus could be causing a new type of diabetes. Blood sugar levels in some people with coronavirus could rise due to the stress the body is under when trying to fight the infection, or because of some of the drugs used to treat it.

We need more research to look at the types of diabetes we’re seeing in people who have had coronavirus to understand whether these are cases of type 1 and type 2 diabetes, or something new alto gether.

Is the impact permanent or tempo rary?

We don’t yet fully understand if, or when, high blood sugar levels in people with coronavirus return to normal after they have fully recovered. One study of almost 2,000 people hospitalized with coronavirus who were then diagnosed with diabetes found that in around half of people, blood sugar levels returned to normal within a month after discharge.

Another study looking at GP records from over 800,000 people in England found a temporary increased risk of developing diabetes in the immediate weeks after coronavirus infection. The risk of diabetes started to decline from four weeks post-infection and there was n’t any difference in risk between people who had and hadn’t had coronavirus by 23 weeks.

It’s too early to know for sure, but these results suggest doctors and anyone

recovering from coronavirus should be particularly alert for the signs of diabetes in the first weeks and months after infec tion.

Finding answers

Scientists are working hard to find answers and are building a database of new cases of diabetes in people with coronavirus, called the CoviDiab reg istry. This will give them the information they need to carry out more thorough studies and discover more.

On top of this, a key study, called PHOSP-COVID study, is following 10,000 people who were in hospital with coronavirus to monitor the long-term impact of the virus on their health. The government has also pledged £18.5 mil lion to fund research to better understand and treat the longer-term effects of coro navirus.

These projects could give us important insights into new cases of diabetes after coronavirus and help to fully answer questions including:

•Are more people developing diabetes now than compared to before the pan demic?

•Is coronavirus directly causing diabetes? If it is, what are the biological processes behind this?

•Are there other factors related to the pandemic that could explain the potential link between the virus and diabetes? For example, changes to people’s lifestyles or environment, or greater contact with healthcare services.

•Which type of diabetes is coronavirus potentially linked to – type 1, type 2, both or a new type altogether?

•How many people with coronavirus go on to develop diabetes? And are there any factors that put some people more at risk of this?

•Are new cases of diabetes in people with coronavirus always permanent, or can blood sugar levels return to normal down the line?

•Do coronavirus vaccines protect against diabetes?

Signs and symptoms of diabetes

Whether you've had coronavirus or not, it's still really important to be aware of the signs of diabetes and to see a health care professional if you notice any of them. They will be able to do a blood test to find out if you have diabetes. l

Faye Riley PhD, is the Research Communications Manager for Diabetes Uk Research Team.

More Families Are Discussing End-of-life Planning as COVID-19 Cases Rise – Here’s How to Start the Conversation

BY LINDY GRIEF DAVIDSON THE CONVERSATION

In homes across the U.S., families increasingly know someone who has been sick or hospitalized with COVID-19.

With the death toll now over a quarter million Americans and health officials issuing stark warnings about the coron avirus’s spread, studies show more peo ple are thinking about end-of-life deci sions and seeking advice on advance care planning in case they get critically ill.

Everyone directly affected by these choices should be part of the conversa tion – including young adults.

Advance care planning allows people to make health care choices before they become ill, such as whether they would want to be on life support and who should make health care decisions for them if they can’t. The pandemic is now raising difficult new questions, as well, and for younger people. For example, if you were allowed only one visitor in the

can’t care for yourself after you leave the hospital, where would you want to live?

My colleagues and I have found that young adults, who are often shielded from these discussions, want to be involved, and we have some advice for how to start the conversation.

ning seriously

For the past four years, I have taught a course called Ethics at the End of Life at the University of South Florida. When I was encouraged to offer this class, I thought I would need to win over stu dents to the importance of the topic. Instead, many of them relate personally

as caregivers for parents and grandpar ents. In fact, roughly 15% of family care givers are between the ages of 18 and 25. Yet young adults are often overlooked when the topic of advance care planning arises.

Philip Barrison, one of my students, demonstrated young adults’ interest in advance care planning in a recent study published in the American Journal of Hospice and Palliative Medicine. He pre sented voluntary advance care planning workshops to college students and sur veyed them about their knowledge of the topic, their willingness to talk to others, and their actions after the workshops. Over 70 students participated in the workshops and learned from sources such as The Conversation Project and the National Academy of Medicine’s “Dying in America” report.

Barrison found that young adults are more interested in advance care planning than older adults perceive, but they, like many adults, are also uninformed.

With family together, either in person or by video, the holidays offer an opportunity for deep, personal discussions about the future.

End-of-Life Planning / continued from page 18

American health care culture empha sizes acute care in which a “do every thing to save them” agenda is the default. Without knowing what “everything” means, families plead for physicians to save their loved ones, and patients often end up unconscious, connected to lifeprolonging machines.

That can leave families with a cruel choice: let their loved one live the rest of his or her life in that state or sign a form removing the machine and ending a life. About 30% of adults over 65 are treated in intensive care in the month before they die.

Advance care planning can alleviate some of the anxiety associated with sur rogate health care decision-making. In fact, the planning process itself, starting with family conversations, may provide more benefits by bringing people togeth er than the formal advance care direc tives, such as living wills, do-not-resusci tate orders and medical power of attorney designations, that can come out of it.

How to start the conversation

The Netflix documentary Extremis explores the emotional trauma of choices for both families and health care work ers. And books like Being Mortal by Atul

Gawande, a member of Joe Biden’s COVID-19 task force, have brought this challenge to light.

What has been missing is the impor tance of including young adults in endof-life decisions and conversations. With many Americans waiting longer to have children and more older adults raising their grandchildren, more young adults are moving into decision-making roles for the aging population.

As blessings stand in stark relief against recent losses, this holiday season is an opportunity to discuss these important questions with the entire family.

Here are a few tips for starting the dis cussion:

Frame the conversation around life rather than death. Many important comforts

such as music, food and stories are enjoyable through the final moments of life, yet these may be missed if the focus is on dying rather than living.

Initiate conversations by talking about your own wishes for how you would want to live if you were to develop a seri ous illness or have an accident. This may prompt others to express their similarities and differences.

Create a written record of your conversa tions. These records can be developed into advance care directives – legal doc uments that typically require witness sig natures or a notary. Checklists of ques tions to ask and tools for developing these documents are available online through sources like The Conversation

Advance care planning allows people to make health care choices before they become ill, such as whether they would want to be on life support and who should make health care decisions for them if they can’t. The pan demic is now raising difficult new questions, as well, and for younger people.

Project, Five Wishes and The National Institute on Aging. There are also tools for children, adolescents and young adults with life-limiting illnesses.

If you have documented a health care surrogate, be sure to talk with that person about what you do and do not want. Never assume someone will know how to make decisions for you. It’s unfair to put someone you love in that position.

Remember that people change over time. Think of these conversations as ongoing and revisit the topic on occasion to see if there are new thoughts or wishes that have emerged.l

Lindy Grief Davidson is an Associate Dean for Curriculum & Instruction and Faculty, Judy Genshaft Honors College, University of South Florida

PFA 101: How a Protection from Abuse Order Can Help You

BY JANET HOWARD

When you are trapped in an abu sive relationship or trying to escape a potentially dangerous intimate partner, it can seem like you are all alone. Those suffering from this kind of abuse often feel like the situation is of their own making, and they may suffer from guilt as well as violence.

While domestic violence is a horrible experience for anyone, it is excruciating and damaging for immigrants. Imagine coming to America for a chance at a bet ter life, only to find yourself in an abu sive relationship, made worse when there are children involved, and you depend on your abuser (U.S. citizen or Green Cardholder) for your legal status.

If this sounds like the situation you are in, rest assured that you are far from alone. No matter how hopeless and lone ly you feel, there is help available, and that help can take the form of a PFA.

A protection from abuse, or PFA, the order can be your first line of defense, a legal shield between you and the individ ual who has been threatening or abusing you. And if you still feel alone, consider this sad fact — every year, there are more than 10 million reports of domestic vio

lence and other forms of intimate partner abuse.

For those stuck in the hell of domestic violence and partner abuse, a PFA can lit erally be a lifesaver, but what is a protec tion from abuse order, how does it work, and how can you get one? Here are some key things you need to know about the PFA process and what you can expect when you file.

Depending on who you talk to and where you live, the protection from abuse (PFA) order may be referred to by many different names. You may hear it referred to as a restraining order, a protective order, or simply a PFA, but no matter what it is called, its purpose remains the same.

Simply put, a protection from abuse order (PFA) is put in place to protect an individual from further abuse or harass ment. The PFA can be sparked by several different situations, including repeated incidents of spousal abuse, intimate part ner abuse, child abuse, stalking, or harassment.

Once the protection from abuse (PFA) has been put in place, the abusive partner, parent or other individual is prohibited from interacting with the person who filed the order. Any violation of the PFA will subject that individual to immediate arrest, providing addiction protection and peace of mind for the victim.

If you are tired of the abuse and ready to get the help you need, it is a good idea

to contact an attorney before you file. You can file a PFA action on your own but having the expert help and guidance of an experienced attorney will make the process easier while providing you with an additional level of support.

Just as importantly, filing your PFA through an attorney will help you avoid mistakes — errors that could cause your PFA to be denied and put you in further danger. When you are already in an abu sive relationship or dealing with an unpredictable intimate partner, you can not afford to leave anything to chance. So do yourself and your safety, a favor by contacting an experienced attorney right away.

Immigrants and Domestic Violence

Immigrants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immi grants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.

Immigrants in the US. have the right to live a life free of abuse. Due to the vic tim’s immigration status, abusive part ners have additional ways to exert power and control over their victims. If you are an immigrant or refugee in an abusive relationship, you may face unique issues that make it hard to reach out for help.

The Violence Against Women Act (VAWA) is a landmark piece of legisla tion seeking to improve criminal legal, and community-based responses to domestic violence, dating violence, sexu al assault, and stalking in the United States. This federal law provides numer ous forms of protection for noncitizen women—and men—who are the victims of domestic violence or other qualifying crimes. There are three forms of protec tion: “U” visas for victims of crime, “T” visas for victims of severe forms of traf ficking, and “self-petitions” under the VAWA.

Any victim of domestic violence — regardless of immigration or citizenship status — can seek help. An immigrant victim of domestic violence may also be eligible for immigration-related protec tions. If you are experiencing domestic violence in your home, you are not alone.

A specialized immigration attorney should always be your first point of con tact regarding immigration questions and concerns. You can also listen to Ask the Lawyer Radio Program on WVIP 93.5FM on Thursdays, 10pm-11pm, and Sundays, 11pm to 12am. The program provides excellent information and also an opportunity for a no-obligation legal consultation. The number to call is 855768- 8845. You can also visit www.ask thelawyer.us to schedule an appointment.

Domestic violence is against the law regardless of one’s immigration status. l

4 Things You're Doing That Cause A Man To Lose Interest

BY MARY CAMPBELL

So, you have met a nice guy and things are going perfectly between you. He does his best for you, and he makes all kinds of plans with you, and you know for sure that he is “feeling” you.

Then suddenly out of nowhere… •He seems to lose interest •He makes less contact with you •He is not trying as hard anymore What brought this on? What can you do?

Men and women have different needs when it comes to relationships. Both want to be loved, but both don't always require the same amount of attention and togetherness. Here are four things that you may be doing to cause the man you're interested in to lose interest in you.

1. You never stop

texting him

Just because texting is easy and conven ient, doesn't mean you should text the man you're interested in too often. If you have texted him once or twice and he hasn't yet replied, don't continue texting him in an attempt to get his attention. If you text a man non-stop, you deprive

him of the chance to chase you. If he knows that every time, he turns on his phone, he's going to have a new text (or five) from you, this will get boring. You should give the man you're interested in a chance to miss you. Don't be afraid to be unpredictable. You don't have to reply to his every text immediately. If a man is truly interested in you, he won't move on if you don't reply within minutes.

2. You try to change him

A man would rather spend his time with someone who accepts him for who he is. If your man is a beer and pizza kind of guy, but you constantly try to get him to go out for fancy meals that he needs to dress up for, you might chase him away.

If every time you spend time together, you're attempting to alter who he is, you'll probably find that he wants to spend less and less time together.

3. You are irrationally jealous If you get upset every time the man you're interested in spends time with anyone besides you, you're going to chase him away. You both need to spend time with your own groups of friends. If you are jealous because he has female friends that he texts or spends time with, it's important that you don't flip out on him and give him the third degree. Trust is important in a relationship. If him hav ing female friends or spending time with others makes you feel bad, it's important

to work on your self-esteem. If you don't have friends or activities outside of the man you're dating, it's important that you find some. Avoid talking badly about other women as it only makes you look bad.

4. You are eager to plan the future

If you've just started dating a new man that you like, you might want to discuss things future vacation plans, where you want to live, and even children. If a man feels pressured into discussing a future with you too soon, he may become dis tant. If you try to get a man to commit too soon, you risk losing him. Avoid bringing up what you want for the future with him until you've been dating longer. Dating can be difficult, so you want to avoid doing things that might chase a man away. If you're interested, you want to show it, but not to the point where you become overwhelming to him. By changing any of the above habits, you increase your chances of a successful relationship. It’s absolutely possible to get him interested again once he loses interest. More often than not it comes down to giving him space, waiting patiently, not rushing to any conclusions and immediately assuming the worst.l

Is a Trial Necessary in a Car Accident Injury Case?

BY CHRIS TOBIAS

Most vehicle collisions are unex pected and brutal, with most victims feeling confused in the event's aftermath. Thus, the actions taken afterward can have both financial and health-related repercussions. Most per sonal injury cases from car accidents in New York are settled out of court. After suffering injuries in a car accident that was caused by the carelessness and neg ligence of somebody else, a victim might be concerned about the chance of settling their case before a trial is necessary. There's a strong likelihood that a settle ment can be reached. In fact, most auto accident cases settle without the burden, expense, and necessity of a trial. That's especially true after a victim has consult ed with and retained a knowledgeable, experienced and aggressive car accident lawyer right after a crash.

The Benefits of a Settlement There's no question that settling before trial can operate to an injury victim's advantage. Here are some of the benefits of doing so:

•Reduced Litigation Costs: When an accident victim chooses to file a personal injury lawsuit and litigate it to a verdict,

the costs of pursuing that verdict can be an unpleasant surprise. Litigation costs might include, but not be limited to, fil ing fees, service fees, pretrial deposition court reporter and transcript charges, medical records fees, and possibly even expensive expert witness fees. Although these might be advanced by the victim's attorney, expect them to be reimbursed off of the top of any verdict amount after legal fees. By first pursuing an effective settlement strategy, many of the expenses of litigation might be eliminated. A sea soned car accident lawyer will proceed with the client's best interests in mind from the start.

•Reducing or Eliminating the Unexpected: How a judge might rule on the evidence in a trial or how jurors might perceive that evidence can't be pre dicted. Every judge has their own prefer ences in their courtroom, and of course, any jury consisting of 12 people will include differing viewpoints. These fac tors can lead to unpredictability and pos sibly even disappointment. When enter ing into a settlement, a written release of claims, the accident victim knows ahead of time what they are agreeing to. That release coupled with a full and complete settlement statement from their attorney discloses the full amount of the net pro

ceeds to be derived from the settlement. For most accident victims, that's a far better disposition than just throwing the dice in a courtroom.

•Privacy Considerations: Trials are public proceedings. An injured person's pleadings, evidence, and testimony are all matters of public record. Personal information that would otherwise be pri vate can understandably become upset ting and controversial. Deciding in favor of an offer of settlement works to protect private matters that would otherwise be brought out in open court in a trial.

Courts favor settlements. Judges rarely refuse to sign off on dismissal orders when the parties have settled. As opposed to a verdict, once a release is signed, it can't be appealed. When the parties agree to it, a settlement can even be subject to confidentiality. The case never gets before a judge or jury, the risk of a low verdict or receiving nothing at all is elim inated, and privacy is ensured. When a respected car accident lawyer sees a fair settlement offer, it's far more likely than not that they will recommend acceptance of it to the client. A favorable settlement is always going to be far better than a bad verdict. Ask the Lawyer: 855-768-8845l

Speeding ruins lives.

Brian Figeroux, Esq.