16 minute read
Should I File 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 financially troubled businesses. Filing bankruptcy 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 bankruptcy 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 celebration. 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 overspending. If you're already struggling with debt, you may want to file for bankruptcy before you do your holiday shopping. By completing 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.
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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 waiting until after the holidays pass to file for bankruptcy, you may find your mind wandering 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 holidays means you can get the process started 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 bankruptcy, you may want to seriously consider finding time to submit the paperwork before the holidays begin.l
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Get the legal help you need NOW! Call 718-222-3155! GET YOUR BANKRUPTCY CONSULTATION
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Filing a Chapter 7, 11 or 13 bankruptcy may be your only choice!!!
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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 applications 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 benefits to enforcement, weaponizing these delays to restrict immigration whenever possible. USCIS was also heavily impacted by the COVID-19 global pandemic, which limited the workforce and access to files in certain cases, contributing to the delays. However, as the country 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 ameliorate the backlogs, detailed plans to eliminate the backlogs, and measures to prevent 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 system. 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 pathways 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 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 communication 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 working 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 daughter'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 people. My home."l Read more stories at www.theimmigrantsjournal.com
Arleigh Louison/ continued from page 1 press release. “The indictment charges that the false statements were made in connection with Form I-360 petitions for status adjustments under the Violence Against Women Act (VAWA). In short, the indictment charges that Louison presented or caused the presentment of adjustment of status petitions containing false statements to the United States Citizenship and Immigration Services Service Center in St. Albans, Vermont claiming that the petitioners were victims of abuse. The indictment also charges that these petitioners, who paid Louison for his services, did not discuss abuse with Louison, were not abused as described in the petitions, and did not authorize the statements made in the petitions Louison submitted to USCIS. The indictment also charges that Louison fabricated fee waiver petitions on behalf of these individuals without their knowledge.” The immigrant community is a fragile one. We spoke to Attorney Brian Figeroux of the Law Firm of Figeroux & Associates. Mr Figeroux has been practicing 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 immigration 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 devastation 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 submitting fraudulent immigration applications on their behalf. There were lies in those applications that persons were abused by their spouses, children, or others, which did not qualify them for immigration 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 applications because he knew you would make bad decisions. You would make immoral decisions or Christian life decisions 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 advantage 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 immigration fraud, the files of all his clients will be reviewed by the Immigration & Customs Enforcement agents (ICE). Additionally, every single client will be served a Notice to Appear (NTA) and be interviewed by ICE agents with the sole purpose of seeking admission to initiate deportation proceedings. The NTA is the first step taken by the American government to remove an immigrant from the country. If you were a client of Louison, it is imperative that you consult with an AILA attorney and do not meet with ICE alone. You should also seek the advice of more than one counsel. Get a case evaluation. ASK THE LAWYER – call 855768-8845 or visit www.askthelawyer.us to schedule an appointment.l
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,
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,
If ICE agents try to search your pockets or belongings, you can say,
If they search you anyway, you cannot physically stop them, but clearly saying it may be important in any future legal case.
ICE Fails to Justify Solitary Confinement Placements and Identify Vulnerable Populations
BY EMILY CREIGHTON
Solitary confinement is widely criticized 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—detrimental health impacts such as anxiety, depression, posttraumatic stress disorder, and increased risk for self-harm and suicide—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 confinement. ICE’s policies allow detention facilities to place a person in solitary confinement—one or two-person cells separate from the general population for up to 24 hours per day—in certain circumstances. The GAO found detention facilities varied significantly in the amount of documentation provided to justify solitary confinement. In a review of documentation for a sample of 147 solitary confinement placements in fiscal years 2019 and 2021, the GAO found 61 documentations—approximately 41 percent—provided 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 deficiencies 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 vulnerable groups. The Segregation Review Management System (SRMS) is the data system ICE uses to track solitary confinement placements. When the GAO compared SRMS to other databases used to track vulnerable populations, such as those individuals with mental health conditions or other disabilities, they identified serious discrepancies. For example, between fiscal years 2017 through 2021, SRMS identified 476 segregated housing placements involving detained individuals with serious mental health conditions. In a review of a different database that tracked serious 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 confinement placements categorized as “disciplinary.” Of the 14,581 solitary confinement 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 confinement only for high level offenses, including fighting and assault. Finally, the report found ICE’s complaint 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 outlined in its report, the GAO recommends ICE (1) provide specific guidance to ERO field offices about how to document decisions to place individuals in solitary confinement, and (2) identify all detained noncitizens in vulnerable populations in solitary confinement. According to the GAO, ICE concurred with the recommendations. 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 individuals 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 treatment in detention. There is wide agreement that ICE does not reliably conduct oversight over solitary 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 solitary confinement practices. In addition, the GAO’s methodology—including its analysis of data from various ICE databases and descriptions of the data and information that the agency keeps—provides a helpful roadmap for FOIA requesters who would like to examine ICE records to conduct their own oversight.l
