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					    The Immigrant’s Journal
 Our leaders
who stood for
Unity & Justice


   FREE
                               Protecting God’s Children From Distant Lands                                                                                                                     Vol.79
                               26 Court Street, Suite 701, Brooklyn, NY 11242 Tel: 718-243-9431 Fax: 718-222-3153 Email: immjournal @aol.com



Let the Dreams Begin…                                                                                                                                                  For Immigration

Deferred Action for Dreamers —
                                                                                                                                                                       News & Updates

Application Filing Process Likely                                                                                                                                         Text


to Open Third Week in August
                                                                                                                                                                      CIROBAMA



T
                                                                                                                                                                       to 41411
       he Immigrant’s Journal Legal &          deferred action. Deferred action for stu-                                 church presentations, radio programs
       Educational Fund, Inc. (IJLEF) is       dents stops a young person’s deportation                                  (Saturdays 10am-7pm on DiasporaRadio
       gearing up to provide direct assis-     and qualifies him for a work permit                                       620 AM & 6pm-7pm on WPAT 930AM),
tance to immigrant youth and their fami-       renewable every two years.                                                forums, classroom presentations, website
lies August 15, 2012, when it expects the          IJLEF has been preparing for the                                      (www.ijlef.org), clergy breakfasts and
United      States      Citizenship     and    eventuality that the announcement will                                    other key educational partnerships.
Immigration Services (USCIS) to for-           soon be made. On August 15, IJLEF will                                      IJLEF is a 501 (c)(3) approved federal
mally initiate the filing process for young    open its doors at 9am and begin process-                                  non-profit community-based organiza-
immigrant students seeking Deferred            ing applications as per USCIS guide-                                      tion serving immigrants and their fami-
Action for Dreamers (DAD).                     lines. Applicants and IJLEF members                                       lies since 1998. For more information
    On June 15, 2012, President Obama          can expect to find trained professionals                                  please call 718-243-9431, send an email
announced that effective immediately;          and peers who will guide them through                                     to immjournal@aol.com or visit
young immigrants who entered the coun-         the application, filing, and follow-up                                    www.ijlef.org. l

                                                                                                                                                                    Celebrating
try without authorization before the age       process. Before August 15, IJLEF will
of 16 (and under 31 now), may qualify to       provide updates at monthly meetings,                                        FREE Consultations for
receive immigration relief known as            held the last Thursday and first Saturday,                                DREAMers: call 718-243-9431                Immigrant Men
                                                                                                                                                                    & Women Keeping
  The Marriage Merge: Practical Tips                                                                                             ...see page 7                      the American
                                                                                                                                                                    Dream Alive


   R                                                                                                                                                                C
   Consumer Advisory: Don’t Get Scammed                                                                                    DIASPORA ISSUES:                         BY SETH HOY
           ecently, DHS announced that cer-    you will have to wait until the government                                  Let Bankruptcy Be Your                           ountless Americans celebrated
           tain young people who entered       finalizes an application process.
                                                                                                                              Personal Bailout:                             America’s 236th birthday on
                                                                                                                           Call 718-222-3155 for a
           the U.S. before age 16 will no           If you believe you are eligible for deferred
   longer be removed from the United           action but face imminent removal from the                                                                                    Wednesday, July 4, 2012, by join-
   States. Qualifying individuals will be
   granted "deferred action" and be eligible
                                               United States, contact the Immigrant's Journal
                                               Legal & Educational, Fund, Inc. now. They are
                                                                                                                             FREE Consultation                      ing friends and family for food and
                                                                                                                                                                    fireworks. Many just enjoyed the day,
   for a work permit.                          offering FREE consultations in partnership                                                                           others recalled our Founding Fathers’
       You cannot apply for deferred action    with the Law Firm of Figeroux & Associates.                                                                          declaration of independence, and others
   at this time. If you are currently in            You should only trust information from a                                                                        raised their right hands, swore an oath of
   removal proceedings, you may be offered     reliable source, such as an official government                                                                      allegiance, and became citizens of the
   deferred action by Immigration and          website or reputable legal or charitable organi-                                                                     United States of America. Across the
   Customs Enforcement (ICE). Otherwise,       zations. Consult with a qualified immigration                                                                        country, men and women from every cor-
                                               attorney before requesting deferred action.                                                                          ner of the globe stood side by side and
   Deferred Action for                              Requests for deferred action will be
   DREAMers: Frequently Asked                                                                                                                                       swore to “support and defend the Consti-




                                                                                    CALL 718-834-0916
   Questions     ...see page 10                                                               continued on page 8                  Brian Figeroux, Esq.
                                                                                                                                                                                        continued on page 8

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THOUGHTS                                                                                                                                                                            2

It’s More Complicated than “Legal vs.
Illegal”

E
BY PRERNA LAL,                                 pending green card application and a                                                        young people who were brought here not
NEW AMERICA MEDIA                              pending cancellation of removal case in                                                     on their own volition. When we stop
                                               immigration court. While both applica-                                                      using the broad brush of illegal, and even
        ditor's Note: Is the term "illegal     tions are pending, I get to have work                                                       undocumented, to define immigrants and
        immigrant" a slur? Last year, New      authorization, through which I have a                                                       non-immigrants, we open the door to
        America Media asked the media          driver’s license, state identification and a                                                actually seeing them as individuals with
serving U.S. immigrant communities             host of other privileges. I’m also eligible                                                 complex stories.
what term they use to describe undocu-         for deferred action. It is, hence, legally                                                      I know that may be dangerous for a
mented immigrants: How Do Ethnic               incorrect to call me an illegal immigrant                                                   status quo that is premised on dividing us
Media Say 'Illegal Immigrant'? Now the         (or even an undocumented immigrant),                                                        based on arbitrary differences. It may
question is sparking a debate in main-         though many have resorted to doing so                                                       even be uncomfortable because reporters
stream media.                                  while telling me to get out of their coun-                                                  and journalists would actually need to
    Last week, Charles Garcia wrote a          try. I’m in legal limbo but I’m certainly                                                   not only learn about immigration law but
CNN opinion piece, “Why 'Illegal               not in the country illegally at this point.                                                 also learn about the lives of those whom
Immigrant' Is a Slur.” Columnist Ruben             And indeed, it is hard to tell who is in                                                they disparage willingly. But if you are
Navarrette responded with a CNN opin-          the country with or without a proper                                                        committed to responsible and accurate
ion piece titled, “Illegal Immigrant' Is       immigration status unless you are a qual-                                                   journalism, and upholding the rule and
the Uncomfortable Truth."                      ified immigration attorney or judge. I                                                      integrity of law, it is not only legally cor-
    In the following open letter to Ruben      work at an immigration law firm. Last                                                       rect, but the right thing to do.
Navarrette, law school student and             week, we had a family come in for con-          and remain in the United States may or
                                                                                                                                               Immigrants and non-immigrants who
Dream Activist leader Prerna Lal, whose        sultation because they thought they qual-       may not be granted within the law.
                                                                                                                                           come to the United States are risk takers.
own immigration status is in limbo,            ified for deferred action. It turns out that    Neither “illegal” nor “illegal immi-
                                                                                                                                           They leave behind what they know, to
argues that the term "illegal immigrant"       they should have received their green           grant” are defined in the text of the
                                                                                                                                           travel hundreds and, sometimes, thou-
doesn't accurately describe the fluidity of    cards in the mail a long time ago. As           Immigration and Nationality Act.
                                                                                                                                           sands of miles to come to another coun-
immigration status. The government             another example, someone who thought                As such, I would like to take this
                                                                                                                                           try. Sometimes they do it to escape war-
allows people to move back and forth           he was DREAM Act-eligible came in for           opportunity to offer some legally permis-
                                                                                                                                           rantless persecution in their home coun-
from one status to another, and live in a      a consult to determine his eligibility for      sible categories that are defined in the
                                                                                                                                           tries. Other times they do it because they
kind of legal limbo that is not reflected in   the deferred action program. His dad had        Immigration and Nationality Act, includ-
                                                                                                                                           are looking for a better future for their
the binary notion of "legal vs. illegal."      him naturalized when he was a minor             ing:
                                                                                                                                           children. And in many cases, people
    Dear, Mr. Movarrette, I enjoy your         and we had the pleasure of telling him                                                      come here with the best intentions to
writing, probably more than most peo-          that he was, in fact, a U.S. citizen. All too   Overstay: Someone who overstays her
                                                                                                                                           retain legal status, but through no mis-
ple. You hold President Obama account-         often, the government shifts people from        admission to the country. An overstay
                                                                                                                                           take of their own, fall out of status. We
able for his abhorrent immigration poli-       one immigration status to another, blur-        may or may not accrue unlawful pres-
                                                                                                                                           need risk takers in our country. We want
cies. You stick it to the Republicans for      ring the line between who is in the coun-       ence, and may simply be out of status.
                                                                                                                                           people who have made it through the
hating immigrants because their hate has       try legally and who is here legally.                                                        worst conditions and who come here
to do with the color of our skin. And you          All this begs the question: If people       Entry Without Inspection (EWI):
                                                                                                                                           with drive and ambition, whether they do
generally make a lot of sense.                 are really bothered about the rule of law,      Someone who enters the country without
                                                                                                                                           it through proper channels or improper
    But you are wrong when you say that        should they not leave the labeling of peo-      inspection or proper admission. An EWI
                                                                                                                                           channels. It’s what makes America a
“illegal immigrant” is the correct lexi-       ple to the jurisprudence of immigration         may still be eligible for admission with-
                                                                                                                                           great country. l
con to use for people without proper           courts? After all, only an immigration          out leaving the country.
immigration status because the shoe fits.      judge can order the deportation of some-                                                        Prerna Lal is a third year law student
The uncomfortable truth is not that “ille-     one. The fact that people resort to mar-        Immigrant: A green-card holder
                                                                                                                                           at The George Washington University
gal immigrant” fits, but that painting a       ginalizing and castigating some immi-           whether through admission or adjust-
                                                                                                                                           Law School. She is a board director at
wide range of complex immigration sta-         grants as “illegal” only goes to show that      ment of status.
                                                                                                                                           Immigration Equality and works as a law
tuses with the broad brush of “illegal” is     they aren’t interested in rule and order —                                                  clerk for a Washington, D.C. immigra-
all too convenient, lazy and just plain        they are interested in scapegoating dif-        Non-immigrant: Anyone who is in the
                                                                                                                                           tion firm, Benach Ragland LLP.
wrong.                                         ference.                                        U.S. temporarily with legal status but is
    Honestly, I don’t know anyone who              There is a rich history of this scape-      not a green-card holder or U.S. citizen.
enjoys breaking the law. Some people           goating, harkening back to the Chinese
immigrate here legally because they            Exclusion Act. The Chinese were                 Asylee: Anyone granted asylum in the
have the privilege of doing so while           deemed ineligible for citizenship. The          United States due to past persecution or
many others have to use improper chan-         Indians were told they were not white,          well-founded fear of persecution in their
nels to come here so that they can pro-        and hence, not admissible. Americans of         home country.                                        Listen to
vide safety and refuge for their loved         Mexican descent were deported during
ones, or pursue their dreams in the land       the Great Depression. Gays and lesbians             And the list continues. By question-
                                                                                               ing the use of the i-word, I am not play-
of opportunity. Many people eventually
                                                                                                                                                  Welcome to
                                               were excluded from admission until
adjust their status and become legal resi-     1990. There is little doubt that the latest     ing with words. I’m simply pointing out
dents, disproving the notion that being        fervor about illegal immigration has little     that by using these words, we are “play-             America
without proper immigration status is a         to do with following the law and more to        ing with” people. Right-wing extremists
permanent immutable condition. On the          do with excluding Latinos such as Mr.           and those in power have shaped our dis-
                                                                                               course, and in order to move past mis-
other end of the spectrum, many people
                                                                                                                                                   Saturdays
                                               Navarette, or Asian-Pacific Islanders like
are here with legal status simply because      myself.                                         guided perceptions, we need to reshape
they or their parents or grandparents              But America is about due process.           the dialogue on immigration and set                (5pm-6pm)
were privileged enough to be born here.        Our system of justice is based on the           some facts right. Any attempt to define
Still, immigration status is far more          premise that people are innocent until          millions of individuals using one term is
                                                                                               going to be problematic. It would be
amorphous and complicated than simply
                                                                                                                                                   on 620AM
                                               they are proven guilty. And that is pre-
labeling someone a “legal” or “illegal”        cisely how immigration courts operate.          more specific, and proper, to use the
immigrant.                                     The Supreme Court affirmed in Arizona           terms “overstay,” “EWI,” “out of sta-              WNSR Radio
    Take, for example, my own immigra-         v. U.S. that being present in the country       tus,” and even “DREAMer” – a refer-
tion case. My parents gained legal resi-       illegally was not a crime. In fact, the         ence to the young people who would
                                                                                               benefit if we enacted a federal DREAM
                                                                                                                                            WWW.DIASPORARADIO.COM
dency through my U.S. citizen grand-           word “illegal” and even “illegal immi-
mother but I was aged-out of the process       grant” does not encompass with speci-           Act — given the president’s recent direc-
and put in removal proceedings. I have a       ficity the many ways permission to enter        tive to halt the deportation of some
ABOUT US                                                    3

                          TEAM
           Publisher
           I.Q. INC.

           Managing Editor
           Pearl Phillip

           Senior Editor
           Colin A. Moore

           Assistant Editor
           Marilyn Silverman

           Graphic & Website Designer
           Praim Samsoondar
           Samantha Rosero
           Lana Delgadillo

           Contributors
           Seth Hoy
           Prerna Lal
           Fernando Minola
           Jeb Bush Jr.

           Email
           immjournal@aol.com

           Visit
           www.ijlef.org
           www.figeroux.com
           www.mynacc.org
           www.allblackradio.com




                        Executive Director
                        Diandra Archibald

                  Assistant Executive Director
                         Tracey Jordan

                          Legal Advisor
                       Brian Figeroux, ESQ.

                          Volunteering at
           THE IMMIGRANT'S JOURNAL LEGAL & EDU-
                      CATIONAL FUND, INC.
           Internship positions available throughout the
           year.
           The Immigrant's Journal Legal & Educational
           Fund, Inc. is an organization dedicated to the
           educational and economic empowerment of all
           immigrants and immigrant organizations here in
           the United States. We at the Journal recognize
           the enormous contribution of immigrants to this
           country economically, socially and politically.
           Since September 11, 2001, however, immigrants
           have increasingly been discriminated against
           and Congress has passed legislation curtailing
           the rights of immigrants here in the U.S., broadly
           claiming that immigrants are a threat to ''National
           Security.'' We at the Journal believe that these
           charges are unfounded, unsubstantiated and
           exaggerated.
           The Immigrant's Journal Volunteer Intern
           Program: was introduced to give our volunteers
           the opportunity to work in an immigrant friendly
           environment while developing the necessary
           skills for college or law school. They assist our
           staff in resolving immigration and other legal con-
           cerns through personal interviews, radio, email
           and telephone contact. They also assist the pub-
           lic with citizenship applications and in research-
           ing whether or not children of naturalized U.S. cit-
           izens have derived citizenship from their parents.
           Some of our volunteers assist our legal staff by
           engaging in legal research and writing letters on
           other legal issues. Volunteer interns are also
           assigned various other jobs in our Youth
           Programs.
           Hours are flexible. Email your cover letter and
           resume       or      any      questions      to
           immjournal@aol.com
           Tel: 718-243-9431         Fax: 718-222-3153
IMMIGRATION NEWS                                                                                                                                                             4
U.S. Citizen Sues FBI for                                                                New Chicago Ordinance
Labeling Him 'Deportable'                                                                Inspired by Case of African


A
Under S-Comm                                                                             Woman
         man in Chicago just became the
         first person to sue the FBI and
         the Department of Homeland
Security for classifying him as
"deportable" when they reviewed his
fingerprints against federal databases
under the Secure Communities program.
     The problem is that the man in ques-
tion, James Makowski, has been a U.S.
citizen since he was a one year old, when




                                                                                         M
he was adopted by Americans and natu-
ralized. The fact that his information in
the federal database had not been updat-
ed in all these years is another reason to
                                                                                                    ayor Rahm Emanuel, on              woman in February.
question the use of this program. As we
                                                                                                    Tuesday, July 10, 2012, intro-         Rose Tchakounte, 54, a native of
have seen, this program not only poten-
tially criminalizes all Latinos and people                                                          duced the "Safe Families           Cameroon who had a pending asylum
from other non-majority ethnic groups,                                                   Ordinance” to prevent police from ask-        claim, was detained for a minor traffic
                                                                                         ing about the immigration status of those     violation. When police discovered that
but also U.S. citizens. Makowski is not
                                                                                         who have not committed a serious              she had a pending deportation order, they
the first citizen to fall victim to Secure
                                                                                         offense.                                      turned her over to Immigration and
Communities (S-Comm), but he is the          now under S-Comm are not criminals
first one who filed a lawsuit.                                                               "The history of this city is written by   Customs Enforcement (ICE).
                                             convicted of serious crimes, and the pro-
     The damage S-Comm has caused,                                                       immigrants and this ordinance is consis-          Tchakounte was detained for two
                                             gram negatively affects the relationship
however, goes way beyond a temporary                                                     tent with our values, our economy and         days and then released as a result of
                                             between local law enforcement agencies
mistake against a citizen. We have said it                                               personal interests," Emanuel said during      negotiations by the mayor, but her case
                                             and immigrant communities. Also, in
                                                                                         a press conference in front of a school in    inspired protests by immigrant rights
more than once: while the federal author-    some cases S-Comm has even been used
                                                                                         the city's Mexican neighborhood, Little       groups who say the police had violated
ities claim that the program helps public    as a simple program to identify undocu-
                                                                                         Village. Emanuel was joined by                the spirit of a 2006 city ordinance and a
safety by prioritizing the deportation of    mented immigrants, since some depor-
                                                                                         Congressman Luis Gutiérrez, (D-Ill).          1985 executive order by the mayor that
criminals, the program's negative bal-       tees were not stopped because they were
                                                                                             The Illinois Coalition of Immigrant       prohibit Chicago law enforcement agents
ance grows with every analysis or seri-      suspected of a crime but just for paper-
ous observation of its results. The major-                                               and Refugee Rights said the ordinance is      from carrying out immigration duties. l
                                             work verification during regular vehicle
ity of those who have been deported until                                                the direct result of protests against the
                                             checkpoints.l
                                                                                         detention of an African immigrant
IMMIGRANTS’ CONCERNS                                                                                                                                                         5

Separated from a Detained
                                                                                                                                       and pain children and spouses must feel




or Deported Parent, Children
                                                                                                                                       when they spend, at most, only one hour
                                                                                                                                       a week with loved ones, unable even to
                                                                                                                                       embrace them through that thick pane of




Tell Stories of Anguish
                                                                                                                                       glass after being separated for so long.
                                                                                                                                           For a nation that prides itself on the
                                                                                                                                       importance of family values, our immi-
                                                                                                                                       gration system is greatly lacking. The
                                                                                                                                       love, guidance and encouragement a par-




T
                                                                                                                                       ent or guardian provides, play a large
BY FERNANDO MINOLA ,                         and taken away at 3 a.m., while Fortune      he tries to buy a calling card each week
                                                                                                                                       role in the developing talents, skills and
NATIONAL IMMIGRATION FORUM                   took on the responsibility of caring for     so he can speak with his family. He told
                                                                                                                                       potential of a child. When children are
                                             his younger brother as well as himself.      me how the ten minutes a week he has to
                                                                                                                                       separated from a parent or guardian, they
       he simple phrase, “Deportation is     Dozens of other children stood alongside     speak with them are never long enough,
                                                                                                                                       lose a vital component of their support
       bad,” and a drawing of a sad little   the speakers, offering support.              and about the incredible sadness he feels
                                                                                                                                       system, which can affect them for the
       girl and her mother watching her          The profound psychological and           when his daughters tell him how much
                                                                                                                                       rest of their lives.
father walk away is the view of deporta-     emotional impact on these children was       they miss him and ask when he is coming
                                                                                                                                           Each day our broken immigration
tion from the eyes of Milca, a 12-year-      clear: Parental detention and deportation    home.
                                                                                                                                       system goes unfixed, lives are shattered
old girl whose own father was deported       leave long-lasting scars in their lives as       “My love for my family is what keeps
                                                                                                                                       and families are torn apart. The children
in 2007.                                     well as in the lives of their parents.       me strong here,” he said. “I just want to
                                                                                                                                       who suffer the effects of detention and
    Between 1997 and 2007, more than             For me, the gathering was a chance to    go home so I can tuck my daughters into
                                                                                                                                       deportation are part of the future of this
100,000 children in the U.S., most of        see the other side of such separation. A     bed, read them a story, and tell them how
                                                                                                                                       country, and it is imperative for Congress
whom are American citizens, were sepa-       few months ago I had the opportunity to      much I love them.”
                                                                                                                                       to create a solution. Until they do, the
rated from a deported parent. On June        visit a man detained at the Stewart              And then, a comment that still gives
                                                                                                                                       lives of thousands of families — includ-
28, the Interfaith Immigration Coalition     Detention Center in Lumpkin, Ga. He          me chills: “My parents abandoned me
                                                                                                                                       ing children on whom our nation’s future
and the American Friends Service             was brought to the U.S. as a toddler,        when I was young, so I always told
                                                                                                                                       success depends — are hanging in the
Committee presented a briefing, co-          abandoned by his mother and raised by        myself that when I have children, I will
                                                                                                                                       balance.
sponsored by Sen. Robert Menendez (D-        another family member.                       be a good father to them and always be
NJ) and Reps. Mike Honda (D-CA) and              For most of my one-hour visit, sepa-     there for them. Now I can’t even do that.”
                                                                                                                                           Minola Fernando is a communica-
Mario Diaz-Balart (R-FL), at which chil-     rated by a thick pane of glass, I listened       This man wanted nothing more than
                                                                                                                                       tions intern at the National Immigration
dren shared how being separated from a       through an old, crackling phone as he        to be with his family so he could provide
                                                                                                                                       Forum. l
parent who had been detained or deport-      spoke with great love and affection about    them with love and support, but instead,
ed, affected their lives.                    his wife and two young daughters (all        he was stuck in a detention center a thou-
    Four children spoke of a sense of        U.S. citizens). He told me how he wor-       sand miles away from them, wondering               Listen to the NACC
incredible loss and lack of understanding    ries about his youngest daughter, who        if and when he would ever see them                Empowerment Hour
of why their hard working, loving par-       has a health condition.                      again. I had only just met this man, but
                                                                                                                                           Saturdays (2pm-3pm)
ents and guardians were treated like             With the small amount of money he        our hour together seemed much too
criminals and taken away from them.          earns from cleaning tables in the center,    short. I cannot even imagine the sadness        on 620AM WNSR Radio
Bassidi watched his father being arrested                                                                                                WWW.DIASPORARADIO.COM
VISA BULLETIN                                                                                   6

August Visa Bulletin
1. This bulletin summarizes the avail-           These provisions apply at present to the
ability of immigrant numbers during              following oversubscribed chargeability
August. Consular officers are required to        areas: CHINA-mainland born, INDIA,
report to the Department of State docu-          MEXICO, and PHILIPPINES.
mentarily qualified applicants for
numerically limited visas; U.S. Citizen-         4. Section 203(a) of the INA prescribes
ship and Immigration Services in the             preference classes for allotment of Fam-
Department of Homeland Security                  ily-sponsored immigrant visas as follows:
reports applicants for adjustment of sta-
tus. Allocations were made, to the extent                FAMILY-SPONSORED
possible, in chronological order of                        PREFERENCES
reported priority dates, for demand
received by July 9th. If not all demand          First: (F1) Unmarried Sons and Daugh-
could be satisfied, the category or foreign      ters of U.S. Citizens: 23,400 plus any
state in which demand was excessive was          numbers not required for fourth prefer-
deemed oversubscribed. The cut-off date          ence.
for an oversubscribed category is the pri-
ority date of the first applicant who could      Second: Spouses and Children, and
not be reached within the numerical lim-         Unmarried Sons and Daughters of Perma-
its. Only applicants who have a priority         nent Residents: 114,200, plus the number
date earlier than the cut-off date may be        (if any) by which the worldwide family
allotted a number. If it becomes neces-          preference level exceeds 226,000, plus
sary during the monthly allocation               any unused first preference numbers:
process to retrogress a cut-off date, sup-
plemental requests for numbers will be           A. (F2A) Spouses and Children of Per-
honored only if the priority date falls          manent Residents: 77% of the overall
within the new cut-off date announced in         second preference limitation, of which
this bulletin.                                   75% are exempt from the per-country
                                                 limit;
2. Section 201 of the Immigration and
Nationality Act (INA) sets an annual min-        B. (F2B) Unmarried Sons and Daughters
imum family-sponsored preference limit           (21 years of age or older) of Permanent
of 226,000. The worldwide level for              Residents: 23% of the overall second
annual employment-based preference               preference limitation.
immigrants is at least 140,000. Section
202 prescribes that the per-country limit        Third: (F3) Married Sons and Daughters
for preference immigrants is set at 7% of        of U.S. Citizens: 23,400, plus any num-
the total annual family-sponsored and            bers not required by first and second
employment-based preference limits, i.e.,        preferences.
25,620. The dependent area limit is set at
2%, or 7,320.                                    Fourth: (F4) Brothers and Sisters of
                                                 Adult U.S. Citizens: 65,000, plus any
3. INA Section 203(e) provides that              numbers not required by first three pref-
family-sponsored and employment-based            erences.
preference visas be issued to eligible
immigrants in the order in which a peti-             On the chart below, the listing of a
tion in behalf of each has been filed.           date for any class indicates that the class
Section 203(d) provides that spouses and         is oversubscribed (see paragraph 1); "C"
children of preference immigrants are            means current, i.e., numbers are available
entitled to the same status, and the same        for all qualified applicants; and "U"
order of consideration, if accompanying          means unavailable, i.e., no numbers are
or following to join the principal. The          available. (NOTE: Numbers are avail-
visa prorating provisions of Section             able only for applicants whose priority
202(e) apply to allocations for a foreign        date is earlier than the cut-off date listed
state or dependent area when visa                below.) l
demand exceeds the per-country limit.
   Family-        All Charge-ability CHINA- main- INDIA             MEXICO         PHILIP-
  Sponsored     Areas Except Those land born                                       PINES
               Listed
F1                  01AUG05            01AUG05         01AUG05       08JUN93      01MAR94

F2A                 15MAR10            15MAR10         15MAR10       01MAR10      15MAR10

F2B                  22JUN04           22JUN04         22JUN04       22AUG92      01JAN02

F3                  01MAY02            01MAY02         01MAY02       22JAN93      22JUL92

F4                   15FEB01           08JAN01         15FEB01       15JUN96      01FEB89

                                                                  Source: U.S. Dept. of State
LOVE & RELATIONSHIPS                                                                                                                                                             7

The Marriage Merge: Practical Tips for
Combining Your Lives
Y
        our wedding is sure to be the        whether you want to divide or share            paying chore list. You
        happiest day of your life, but       money. Understanding your credit port-         should also make sure that
        marriage stretches well beyond       folio and status as well as protecting         both spouses' names are
those 24 hours. Merging your lives as        against identity theft should also be part     on     the     appropriate
husband and wife starts even before you      of the discussion — and credit monitor-        accounts. Even if you use
say your "I do’s" and will require some      ing products enable married couples to         autopay, it's important to
effort and patience — which will be          see alerts for each spouse's accounts          check in on your accounts
good practice for your future life togeth-   when changes occur to their credit files,      to make sure that nothing
er.                                          helping to keep track of potential             is going wrong.
    The technical side of getting married    impacts to their credit histories while
can be a little confusing, so seeking        detecting potential identity fraud.            g Make          Decisions
advice from friends and family is a good                                                    about Moving. If you're
idea. However, there will be some ques-      g Prep for Taxes. Married couples can          living separately prior to
tions that might need professional           file taxes jointly or separately, and you'll   getting married, you'll
advice, so don't be afraid to consult the    need to consider which approach is the         need to decide which
pros when necessary. As you start your       best option for you. Seek the advice of a      home you'll live in. For
journey through life together, keep these    tax preparer or financial adviser who can      some couples, this might
key tasks in mind to make sure you're        help you understand the advantages and         mean selling a house, while for others it     speak to each to see where you'll get the
well prepared.                               disadvantages and the adjustments you'll       might mean leaving rentals behind and         best deal. You should also explore your
                                             need to make for your W-2 form. Keep in        looking for a home to buy. When you're        options for health care — one spouse's
g Discuss Your Finances. Having an           mind that if you get married before            discussing homes and moving, talk about       employer might offer a better plan than
open and honest discussion with your         December 31 of the year for which              how your feelings regarding moving            the other.
fiancé about finances is very important,     you're filing taxes, you qualify as having     away from your current home city, in              Taking care of these practical finan-
and it should include the bad with the       been married for the entire year.              case you're ever offered a job transfer       cial tasks might seem less than exciting
good. Because you're getting married,                                                       opportunity.                                  compared to the thrill of your wedding
you'll be with each other through thick      g   Talk about Bills. As much as you                                                         day, but getting them done right is impor-
and thin, so having a forthright conversa-   can count on taxes, you can also count on      g  Get Insurance in Order. Meet with          tant. Since finances are a notorious
tion about money ahead of time is a good     bills. Whether they're monthly, quarterly      your insurance agen(s) to go over your        source of stress, having a clear under-
idea. If you have debt, discuss how much     or annually issued, you need to figure out     current plans and add your spouse to          standing with your spouse will ensure
and how you'll pay it off, but you'll also   who will take care of which bills and          them. There may be advantages to using        that you have a good foundation for your
need to talk about things like creating      where the money will come from.                one insurer for all of your policies, so if   marriage. l(ARA)
                                             Setting up autopay can lessen the bill-        you are currently with different insurers,




                                                      Family Law Practice
joint accounts, as well as how and


                                                     NEW YORK IS NOW A NO-FAULT DIVORCE STATE




                                                         Summarized
      A Special
      Invitation
  to all church - and faith-based
     leaders to empower their
  congregation and membership

 from the IJLEF, Inc.,
                                                 nDIVORCE nSEPARATION nSUPPORT nCUSTODY
                                                  The lawyer you hire does make a difference!
       a 501(c)(3) approved
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       PRESENTATION                              u Spousal Maintenance
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 schedule a presentation                         uChild Support                                                                                      uCo-habitation

    at your church or                            uAbuse/Neglect                                                                                        Investigation
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faith-based organization                          Protective Orders                                                                                  uInternet Dating/Fraud
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    My people are destroyed                       Orders & Awards                   LAW OFFICES OF FIGEROUX & ASSOCIATES
    for lack of knowledge. —
                                                                               BROOKLYN: 26 Court Street, Suite 701. Tel: 718-834-0190
                                                                                     n 1105 Nostrand Avenue. Tel: 718-363-7788
            Hosea 4:6
OBAMA ADMINISTRATION                                                                                                                                                             8
Celebrating Immigrant Men and Women Keeping the                                                                                        ...Don’t Get Scammed

American Dream Alive
                                                                                                                                       continued from page 1
                                              continued from page 1                                                                    reviewed on a case-by-case basis, and not
tution and laws of the United States of       Achievement Medal, Com-                                                                  every young immigrant will qualify.
America,” and reminding each and every-       bat Medic Badge, and a                                                                   Individuals who are found to be ineligible
                                                                                                                                       due to criminal history or because they rep-
one one of us of the power and promise of     Navy Achievement Medal.
                                                                                                                                       resent a danger to the community may be
the American Dream.                                Faye Ubad Ngirchom-
                                                                                                                                       subject to removal or other immigration
    At the White House, President Barack      lei, born in Palau, enlisted                                                             enforcement action. DHS considers many
Obama joined dozens of inspiring immi-        in the Army in 2008. In                                                                  misdemeanor offenses to be "significant
grant men and women currently serving         April 2009, Nigirchomlei                                                                 misdemeanors," including those for which
in the U.S. military as they became citi-     was assigned to 511th Mil-                                                               the individual received no jail time. If you
zens of a country they’ve already staked      itary Police Company at                                                                  have ever been arrested by the police, talk to
their lives to protect. Here are just a few   Fort Drum, NY, as Auto-                                                                  a qualified immigration attorney before
of those brave men and women:                 mated Logistic Specialist.                                                               applying for deferred action.
    Terence Njikang Ekabe, born in            She was deployed to Kan-                                                                     Don’t get scammed! The government
Cameroon, enlisted in the Air Force in        dahar, Afghanistan, where                                                                will inform the public how to apply, within
June 2011 as a 4N0/med technician. Air-       she was responsible for                                                                  60 days or by August 13, 2012. Until then,
man Ekabe also helped raise money for         ensuring the maintenance                                                                 you CANNOT apply for deferred action.
                                                                                                                                       You should NOT "turn yourself in" to start
veterans’ families, airmen in need, and the   section supported outlying
                                                                                                                                       the process. However, you CAN begin gath-
Air Force Assistance Fund. His charitable     platoons, with supplies and                                                              ering the documents that you will need to
giving extends beyond the United States       other support services.                                                                  apply for deferred action:
to his home country where he raised                Throughout U.S. his-                                                                1. Documents, such as a birth certificate or
$3,000 worth of toys, clothing, and others    tory, immigrants have voluntarily served       those who have struggled to secure that   passport, showing age on June 15, 2012;
items for the village children of             in all branches of the U.S. military. At       freedom, and the many immigrants who      2. Financial records, medical records,
Cameroon during Christmas.                    last count, foreign-born service members       have and continue to fight to keep the    school records, employment records, and
    Silvano Carcamo, born in Honduras,        accounted for approximately 8% of the          American Dream alive.                     military records that demonstrate an individ-
moved to Springfield, OH, in 1996. Spe-       1.4 million military personnel on active           As President Barack Obama remarked    ual came to the U.S. before the age of 16,
cialist Carcamo enlisted in the Army in       duty. Experts acknowledge that without         during the ceremony:                      AND resided in the U.S. for at least five
October 2009 and became a medic. His          the contributions of immigrants, the mil-          “Immigration      makes    America    years preceding June 15, 2012 AND was
first duty station was Bravo Troop, 3rd       itary could not meet its recruiting goals      stronger. Immigration makes us more       physically present in the U.S. as of June 15,
                                                                                                                                       2012;
Squadron, 71st Cavalry Regiment, 3rd          and could not fill the need for foreign-lan-   prosperous. And immigration positions
                                                                                                                                       3. School records, including diplomas,
Infantry Brigade Combat Team, 10th            guage translators, interpreters, and           America to lead in the 21st century.” l   GED certificates, report cards, school tran-
Mountain Division where he served as a        cultural experts.                                                                        scripts and other evidence of enrollment, or
line medic. During his deployment from             As we celebrated the freedoms we                                                    documentation as an honorably discharged
March 2011 to March 2012, he earned           enjoy as Americans, let us also remember                                                 veteran of the U.S. Armed Forces or Coast
several awards, among them an Army                                                                                                     Guard. l
IMMIGRATION                                                                                                                                                                                        9

The Battle Against Secure Communities
I
     n the wake of the Supreme Court's deci-        Melissa Mark-Viverito. “Every locality           enforcement authorities say should have no         Coalition. "It's time for DHS to end this pro-
     sion in Arizona v. United States, dozens       needs to stand up against this policy, which     place in our legal system.                         gram, which undermines police-community
     of localities across the country are stand-    encourages the deportation of immigrants             "Given the sheer number of arrests in          relations, instills fear in immigrant commu-
ing up against damaging immigration pro-            who may have committed only minor offens-        the Bronx and the immigrant makeup of the          nities, and compromises public safety. And
grams that connect local authorities with           es, or who may have been illegally stopped       community, our clients and their families are      in the meantime, we're looking to our local
Immigration and Customs Enforcement.                and frisked. This policy will turn our local     especially hard-hit by Secure Communities.         and state officials —who here in New York
Specifically, an increasing number of cities        police stations into federal detention centers   Until the program is suspended, The Bronx          have opposed S-Comm — to develop poli-
and states are pushing back against the             and will instill fear of local law enforcement   Defenders remains committed to fiercely            cies and practices that limit its harmful
Secure Communities program, and promot-             in immigrant communities. While police are       fighting for all of our clients' rights, includ-   impact."
ing programs that restore trust between law         kept busy chasing phantom threats, serious       ing their ability to remain in the country              "S-Comm is a deeply flawed program
enforcement and immigrant communities.              crime may go unreported."                        with their families," said Robin Steinberg,        that undermines the values that are the well-
     In New York, where the Secure                      Cesar Palomeque, leader of Make the          Executive Director of The Bronx Defenders.         spring of Americas greatness," said Diane
Communities program took effect on May              Road New York and a registered voter said,           "Secure Communities damages the trust          Steinman, director of the NYS Interfaith
15th, immigrant leaders, advocates, and             "Governor Cuomo did the right thing when         that my community has in law enforcement,          Network for Immigration Reform. "S-Comm
elected officials joined together to denounce       he suspended SCOMM last year, and we             and threatens families across New York City.       violates the moral obligation to treat the
its damaging effects. Together, they pledged        continue to think that this program should       I pray that together we might find a solution      immigrant as we would those born among
to continue to work to end the program, and         not be in operation in New York State. This      that ends this program and respects the dig-       us. It shatters the lives of immigrants and
to send a message to elected officials across       program can lead to racial profiling from        nity that each person has," said Rev. Ramon        families through deportations that do not
the country in November about the commu-            our communities. After the Supreme Court's       Almonte of the Central Baptist Church and          increase public safety and security. It results
nity's opposition to immigration policies           decision it is even more important for immi-     Make the Road New York.                            in racially discriminatory policing. And the
that hurt our families.                             grant voters like me to go to the polls in           "The mass deportation program known            fear of law enforcement it causes in immi-
     State Senator Gustavo Rivera said,             November to show our opposition, and to          as 'Secure Communities' prevents our coun-         grant communities makes all of us less safe
"When Governor Cuomo suspended 'Secure              vote for policies that restore the trust         try from living up to its values of fairness       rather than more. There is only one solution:
Communities' in New York, police and local          between immigrants and local authorities."       and second chances by funneling immi-              The Obama Administration must put an end
leaders hoped that our communities' safety              "California's TRUST Act shows what           grants into a deportation system we all know       to S-Comm."
could begin to be restored. If individuals are      communities can achieve when we work             to be fundamentally unjust," said Michelle              "Faith leaders and congregations in
afraid to approach law enforcement, our             together," said Héctor Figueroa, secretary-      Fei, Executive Director of the Immigrant           NYC are totally opposed to S-Comm which
communities become less safe and we all             treasurer of 32BJ SEIU. Here in New York,        Defense Project. "Obama must terminate             has proven to tear apart our families. Our
suffer. This dangerous program once again           we will continue to demand the end of            this program immediately."                         scriptures urge us to love, trust and take
threatens to violate the rights of all immi-        Secure Communities, a misconceived, cost-            "Pending further challenges, the               care of each other and this program destroys
grants and threatens the ability of law             ly and defective program that simply doesn't     Supreme Court has, for the time being, let         these values. It is morally and spiritually
enforcement to keep us safe. 'Secure                work for most states and cities. But we also     stand the Arizona provision that basically         wrong and we ask for its termination so that
Communities' has no place in New York               know that voters need to send a message          institutionalizes the practice of racial and       our communities can feel safe once again."
State and should be seen as a threat to the         about these policies. Voters need to turn out    ethnic profiling. And the Department of            said Father Fabian Arias chair of the New




           ALL IMMIGRATION MATTERS
safety of all New Yorkers."                         in the federal elections in November — to        Homeland Securities S-Comm enforcement             Sanctuary Coalition of NYC. l
     "The federal Secure Communities policy         push back on the national GOP, a party that      program further facilitates such profiling,"
represents a threat to human rights and pub-        has been taken hostage by extremists who         said Jacki Esposito, director of Immigration
lic safety," said City Council Member               promote racial profiling practices that law      Advocacy at the New York Immigration




                  lGET THE FACTS                   lBE SMART             lMAKE THE RIGHT DECISION                            lBEWARE OF IMMIGRATION FRAUD

                     uHealth Care (RN/OT/PT/TSHH/SLP’S
                       & IT Cases)
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                     uWork Authorization
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                     uF-1 Students
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                     uO-1 Extraordinary Ability
                     uR-1 Religious Workers
                     uU.S. Citizenship
   uFamily-sponsored Permanent Residence                                                                                                                  CALL 718-834-0190
   uGreen Cards/Labor Certification (RIR)                                                                                                                 26 Court Street, Suite 701
   uImmigration Visa Petitions:Employment Based                                                                                                              Brooklyn, NY 11242
   uTemporary Work Visas                                                                                                                                 lPERSONAL INJURY
   uNaturalization Derivative Petitions                                                                                                                  lACCIDENTS
   uLabor Certifications                                                                                                                                 lFAMILY LAW
                                                                                                                                                         lPOLICE BRUTALITY
   uApplication for Asylum                                                                                                                               lCRIMINAL LAW
   uPetitions for Writ of Habeas Corpus                                                                                                                  lCIVIL LITIGATION
                                                                                                                                                         lBANKRUPTCY
   uAppeals to the Board of Immigration Appeals                                                                                                          lREAL ESTATE
   uLawsuits involving Eligibility and Processing for
                                                                                                                                                             Visit our website at:
     Citizenship                                                                                                                                             www.figeroux.com

                                                               LAW OFFICES OF FIGEROUX & ASSOCIATES
                                                             BROOKLYN: 26 Court Street, Suite 701. Tel: 718-834-0190
                                                                   n 1105 Nostrand Avenue. Tel: 718-363-7788
LEGISLATURE                                                                                                                                                                            10

Deferred Action for DREAMers:
                                                                                                                                                 Yes. All individuals will undergo bio-




FREQUENTLY ASKED QUESTIONS
                                                                                                                                                 graphic and biometric background checks
                                                                                                                                                 prior to receiving an exercise of prosecuto-




W
                                                                                                                                                 rial discretion. Individuals who have been
                                                                                                                                                 convicted of any felony, a significant mis-
                                                                                                                                                 demeanor offense, three or more misde-
            hat is deferred action? Deferred    offer deferred action for a period of two      will he or she be placed into removal             meanor offenses not occurring on the same
            action is a discretionary deter-    years, subject to renewal.                     proceedings? This policy is intended to           date and not arising out of the same act,
            mination to defer removal                                                          allow ICE and CBP to focus on priority            omission, or scheme of misconduct, or oth-
action of an individual as an act of prose-     Are individuals who receive deferred           cases. Pursuant to the direction of the           erwise pose a threat to national security or
cutorial discretion. Deferred action does       action pursuant to the new directive eli-      Secretary of Homeland Security, for indi-         public safety are not eligible to be consid-
not confer lawful status upon an individ-       gible for employment authorization?            viduals who satisfy the eligibility criteria,     ered for deferred action under the new
ual. In addition, although an alien granted     Yes. Pursuant to existing regulations, indi-   CBP or ICE should exercise their discre-          process.
deferred action will not be considered to be    viduals who receive deferred action may        tion to prevent them from being appre-
accruing unlawful presence in the United        apply for and may obtain employment            hended, placed into removal proceedings,          What do background checks involve?
States during the period deferred action is     authorization from USCIS provided they         or removed. If individuals, including indi-       Background checks involve checking bio-
in effect, deferred action does not absolve     can demonstrate an economic necessity for      viduals in detention, believe they were           graphic and biometric information provid-
individuals of any previous or subsequent       their employment.                              placed into removal proceedings in viola-         ed by the individuals against a variety of
periods of unlawful presence. Under exist-                                                     tion of this policy, they should contact          databases maintained by DHS and other
ing regulations, an individual who has          Does the process result in permanent           either the Law Enforcement Support                federal government agencies.
been granted deferred action is eligible to     lawful status for beneficiaries? No. The       Center’s hotline at 1-855-448-6903
receive employment authorization for the        grant of deferred action under this new        (staffed 24 hours a day, 7 days a week) or        What documentation will be sufficient
period of deferred action, provided he or       directive does not provide an individual       the ICE Office of the Public Advocate             to demonstrate that an individual came
she can demonstrate “an economic neces-         with permanent lawful status or a pathway      through the Office’s hotline at 1-888-351-        to the United States before the age of 16?
sity for employment.” Deferred action can       to obtaining permanent lawful status. Only     4024 (staffed 9am – 5pm, Monday –                 Documentation sufficient for an individual
be terminated at any time at the agency’s       Congress, acting through its legislative       Friday)      or      by       email        at     to demonstrate that he or she came to the
discretion or renewed by the agency.            authority, can confer the right to permanent   EROPublicAdvocate@ice.dhs.gov.                    United States before the age of 16
                                                lawful status.                                                                                   includes, but is not limited to: financial
Who is eligible to receive Deferred                                                            If an individual accepted an offer of             records, medical records, school records,
Action under the Department’s New               Why will deferred actions only be grant-       administrative closure under the case-            employment records, and military records.
Directive? Pursuant to the Secretary’s          ed for two years? Grants of deferred           by-case review process or if his or her
June 15, 2012 memorandum, in order to be        action will be issued in increments of two     case was terminated as part of the case-          What documentation will be sufficient
eligible for deferred action, individuals       years. At the expiration of the two year       by-case review process, can he or she             to demonstrate that an individual has
must:                                           period, the grant of deferred action can be    receive deferred action under the new             resided in the United States for a least
1. Have come to the United States under         renewed, pending a review of the individ-      process? Yes. Individuals who can demon-          five years preceding June 15, 2012?
the age of sixteen;                             ual case.                                      strate that they meet the eligibility criteria    Documentation sufficient for an individual
2. Have continuously resided in the                                                            will be eligible for deferred action even if      to demonstrate that he or she has resided in
United States for at least five years preced-   If an individual’s period of deferred          they had accepted an offer of administra-         the United States for at five years immedi-
ing the date of this memorandum and are         action is extended, will individuals need      tive closure or termination under the case-       ately preceding June 15, 2012 includes, but
present in the United States on the date of     to re-apply for an extension of their          by-case review process. For individuals           is not limited to: financial records, medical
this memorandum;                                employment authorization? Yes. If an           who are in removal proceedings and have           records, school records, employment
3. Currently be in school, have graduated       individual applies for and receives an         already been identified as meeting the eli-       records, and military records.
from high school, have obtained a general       extension of the period for which he or she    gibility criteria as part of ICE’s case-by-
education development certificate, or are       was granted deferred action, he or she must    case review, ICE will immediately begin to        What documentation will be sufficient
honorably discharged veterans of the Coast      also request an extension of his or her        offer deferred action for a period of two         to demonstrate that an individual was
Guard or Armed Forces of the United             employment authorization.                      years, subject to renewal.                        physically present in the United States
States;                                                                                                                                          as of June 15, 2012? Documentation
4. Have not been convicted of a felony          Does this policy apply to those who are        If an individual declined an offer of             includes, but is not limited to: financial
offense, a significant misdemeanor              subject to a final order of removal? Yes.      administrative closure under the case-            records, medical records, school records,
offense, multiple misdemeanor offenses,         An individual subject to a final order of      by-case review process, can he or she             employment records, and military records.
or otherwise pose a threat to national secu-    removal who can demonstrate that he or         receive deferred action under the new
rity or public safety;                          she meets the eligibility criteria can         process? Yes. Individuals who can demon-          What documentation will be sufficient
5. Not be above the age of thirty.              request a review of his or her case and        strate that they meet the eligibility criteria    to demonstrate that an individual is cur-
Individuals must also complete a back-          receive deferred action for a period of two    will be eligible for deferred action even if      rently in school, has graduated from
ground check and, for those individuals         years, subject to renewal. All cases will be   they declined an offer of administrative          high school, or has obtained a general
who make a request to U.S. Citizenship          considered on an individualized basis. This    closure under the case-by-case review             education development certificate
and Immigration Services (USCIS) and are        process is not yet in effect and requests      process.                                          (GED)? Documentation sufficient for an
not subject to a final order of removal,        should not be submitted at this time. In the                                                     individual to demonstrate that he or she is
must be 15 years old or older.                  coming weeks, USCIS will outline and           If an individual’s case was reviewed as           currently in school, has graduated from
                                                announce the procedures by which individ-      part of the case-by-case review process           high school, or has obtained a GED certifi-
How will the new directive be imple-            uals can engage in this process.               but he or she was not offered adminis-            cate includes, but is not limited to: diplo-
mented? Individuals who are not in                                                             trative closure, can he or she receive            mas, GED certificates, report cards, and
removal proceedings or who are subject to       If an individual who is about to be            deferred action under the new process?            school transcripts.
a final order of removal will need to sub-      removed by ICE believes he or she satis-       Yes. Individuals who can demonstrate that
mit a request for a review of their case and    fies the eligibility criteria for the new      they meet the eligibility criteria will be eli-   What steps will USCIS and ICE take to
supporting evidence to USCIS. Individuals       process, what steps should he or she take      gible for deferred action even if they were       prevent fraud in the new processes? An
may request deferred action if they meet        to ensure his or her case is reviewed          not offered administrative closure follow-        individual who knowingly makes a mis-
the eligibility criteria. In the coming         before removal? Individuals who believe        ing review of their case as part of the case-     representation to USCIS or ICE, or know-
weeks, USCIS will outline and announce          they can demonstrate that they satisfy the     by-case review process.                           ingly fails to disclose facts to USCIS or
the procedures by which individuals can         eligibility criteria and are about to be                                                         ICE, in an effort to receive deferred action
engage in this process. This process is not     removed should immediately contact             Will DHS personnel responsible for                or work authorization in this new process
yet in effect and requests should not be        either the Law Enforcement Support             reviewing requests for an exercise of             will be treated as an immigration enforce-
submitted at this time.                         Center’s hotline at 1-855-448-6903             prosecutorial discretion under this               ment priority to the fullest extent permitted
    For individuals who are in removal          (staffed 24 hours a day, 7 days a week) or     process receive special training? Yes.            by law, subjecting the individual to crimi-
proceedings before the Executive Office         the ICE Office of the Public Advocate          ICE and USCIS personnel responsible for           nal prosecution and/or removal from the
for Immigration Review, ICE will, in the        through the Office’s hotline at 1-888-351-     considering requests for an exercise of           United States.
coming weeks, announce the process by           4024 (staffed 9am – 5pm, Monday –              prosecutorial discretion under the
which qualified individuals may request a       Friday)       or      by     e-mail     at     Secretary’s directive will receive special        Are individuals with a conviction for a
review of their case. For individuals who       EROPublicAdvocate@ice.dhs.gov.                 training.                                         felony offense, a significant misde-
are in removal proceedings and have                                                                                                              meanor offense, or multiple misde-
already been identified as meeting the eli-     If an individual who satisfies the eligibil-   Will individuals be subject to back-              meanors eligible for an exercise of pros-
gibility criteria as part of ICE’s case-by-     ity criteria is encountered by Customs         ground checks before they can receive             ecutorial discretion under this new
case review, ICE will immediately begin to      and Border Protection (CBP) or ICE,            an exercise of prosecutorial discretion?                         continued on the next page
LEGISLATURE                                                                                                                                                                              11
Deferred Action for                             vidual who is not convicted of a significant     Can individuals appeal a denial by ICE           their request for review of their case to

DREAMers: FAQs
                                                misdemeanor but is convicted of three or         or USCIS of their request for an exercise        USCIS under the procedures that USCIS
                                                more other misdemeanors not occurring on         of prosecutorial discretion under the            will implement.
continued from the previous page                the same day and not arising out of the          new process? No. Individuals may not
                                                same act, omission, or scheme of miscon-         appeal a denial by ICE or USCIS of their         Does deferred action provide individu-
process? No. Individuals who have been
                                                duct, is not eligible to be considered for       request for an exercise of prosecutorial dis-    als with a path to citizenship or perma-
convicted of a felony offense, a significant
                                                deferred action under this new process.          cretion. However, ICE and USCIS will             nent legal status? No. A grant of deferred
misdemeanor offense, or three or more
                                                                                                 develop protocols for supervisory review         action is a form of prosecutorial discretion
other misdemeanor offenses not occurring
                                                How will ICE and USCIS handle cases              as part of their implementation of the new       that does not confer a path to citizenship or
on the same date and not arising out of the
                                                involving individuals who do not satisfy         process. Although there is no right for          lawful permanent resident status. Only
same act, omission, or scheme of miscon-
                                                the eligibility criteria under this new          appeal, individuals in removal proceedings       Congress, acting through its legislative
duct, are not eligible to be considered for
                                                process but may be eligible for an exer-         who believe their cases were not correctly       authority, can confer these rights.
deferred action under the new process.
                                                cise of prosecutorial discretion under           handled, may contact the ICE Office of the
                                                the June 2011 Prosecutorial Discretion           Public Advocate either by phone at 1-888-        Does this Administration remain com-
What offenses qualify as a felony? A
                                                Memoranda? If an individual has a final          351-4024        or     by      e-mail      at    mitted to comprehensive immigration
felony is a federal, state, or local criminal
                                                order of removal and USCIS determines            EROPublicAdvocate@ice.dhs.gov.                   reform? Yes. The Administration has con-
offense punishable by imprisonment for a
                                                that he or she does not satisfy the eligibili-                                                    sistently pressed for passage of compre-
term exceeding one year.
                                                ty criteria, then it will reject the individ-    If an individual’s request to USCIS for          hensive immigration reform, including the
                                                ual’s request for deferred action. That indi-    deferred action is denied, will he or she        DREAM Act, because the President
What offenses qualify as a “significant
                                                vidual may then request an exercise of           be placed in removal proceedings? For            believes these steps are critical to building
misdemeanor”? A significant misde-
                                                prosecutorial discretion under the ICE           individuals whose requests for deferred          a 21st-century immigration system that
meanor is a federal, state, or local criminal
                                                June 2011 Prosecutorial Discretion               action are denied by USCIS, USCIS will           meets our nation’s economic and security
offense punishable by no more than one
                                                Memoranda through any of the established         apply its existing Notice to Appear guid-        needs.
year of imprisonment or even no imprison-
ment that involves: violence, threats, or       channels at ICE, including through a             ance governing USCIS’s referral of cases
                                                request to the ICE Office of the Public          to ICE and issuance of notices to appear.        Is passage of the DREAM Act still neces-
assault, including domestic violence; sexu-
                                                Advocate or to the local Field Office            Under this guidance, individuals whose           sary in light of the new process? Yes. As
al abuse or exploitation; burglary, larceny,
                                                Director. USCIS will not consider requests       requests are denied under this process will      the President has stated, individuals who
or fraud; driving under the influence of
                                                for review under the ICE June 2011               be referred to ICE if they have a criminal       would qualify for the DREAM Act deserve
alcohol or drugs; obstruction of justice or
                                                Prosecutorial Discretion Memoranda.              conviction or if there is a finding of fraud     certainty about their status, and this new
bribery; unlawful flight from arrest, prose-
                                                    If an individual is currently in removal     in their request.                                process does not provide that certainty.
cution, or the scene of an accident; unlaw-
                                                proceedings and ICE determines that he or                                                         Only Congress, acting through its legisla-
ful possession or use of a firearm; drug dis-
                                                she does not satisfy the eligibility criteria    Should individuals who are not in                tive authority, can confer the certainty that
tribution or trafficking; or unlawful pos-
                                                for deferred action under this process, it       removal proceedings but believe them-            comes with a pathway to permanent lawful
session of drugs.
                                                will then consider whether the individual is     selves to be eligible for an exercise of         status.
How many non-significant misde-                 otherwise eligible for an exercise of prose-     deferred action under this process seek
                                                cutorial discretion under its current prac-      to place themselves into removal pro-            How can I get more information on the
meanors constitute “multiple misde-
                                                tices for assessing eligibility under the        ceedings through encounters with ICE             new process? Visit www.cawnyc.com OR
meanors” making an individual ineligi-
ble for an exercise of prosecutorial dis-       June 2011 Prosecutorial Discretion               or CBP? No. Individuals who are not in           www.ijlef.org OR www.figeroux.com l
cretion under this new process? An indi-        Memoranda.                                       removal proceedings but believe that they
                                                                                                 satisfy the eligibility criteria should submit
HEALTH MATTERS                                                                                                                                                              12

Jon Secada Shares Family's Message:
Don't Stay Silent with a Silent Disease
I
     n the United States, chronic hepatitis    I'm now encouraging others to learn more
     C is the most common blood-borne          about the disease; nobody should feel
     viral disease. In spite of this, many     alone if they think they may have the dis-
people may not be aware that they have         ease."
it; an estimated 70 to 80 percent of peo-          When Secada's father was diagnosed
ple newly infected with chronic hep C do       many years ago, there was little informa-
not have symptoms. Of the approximately        tion about chronic hep C, and options
3.2 million Americans living with the dis-     were limited. Today, Secada is aiming to
ease, an estimated 1 million are Hispanic.     change that. He is now part of the bilin-
     Three-time Grammy winner Jon              gual educational campaign, Tune In to
Secada knows the importance of taking          Hep C, - Hepatitis C-Toca El Tema in
action when it comes to health. In 2011,       Spanish - which was founded by Merck
the popular Cuban-American artist and          in collaboration with the American Liver
songwriter lost his father due to compli-      Foundation. Through English - and Span-
cations associated with a chronic hep C        ish-language websites, the campaign
infection that went untreated. Like other      provides information about the disease
Hispanic-Americans, Jon's family had           and what to consider if you or someone
always been close, but they didn't speak       you love has been diagnosed. The web-        others about his family's experience. In       to do something about it," says Secada.
openly about their personal health, some-      sites also feature bilingual interactive     March 2012, he wrote an official song for          For more information about chronic
thing Secada would now change if he            patient resource guides for those who        the Tune In to Hep C campaign. The             hep C and the Tune In to Hep C cam-
could. "Chronic hepatitis C is often called    know they have the disease or suspect        song, released in both English and Span-       paign, visit www.TuneIntoHepC.com.
a silent disease because, like my father,      they might.                                  ish is called, "Your Voice Inside," or "Tu     Resources in the Spanish-language can
people can live with the virus for years           Secada joins fellow Grammy winners       Voz Te Dira." In the song, Jon's message       also be accessed through the website.
without showing any symptoms," says            Gregg Allman and Natalie Cole on the         is clear: Don't wait to take action and talk   l(ARA)
Secada.                                        Tune In to Hep C campaign in hopes that      to your doctor. Doing nothing is not an
     "I don't know how my father con-          sharing his family's personal experience     option.
tracted chronic hepatitis C, and I'm not       will motivate other Hispanic-Americans           "Before my father died, I talked with            Listen to the Beauty,
sure if he knew either," Secada says. "The     with chronic hep C to take action by seek-   him about joining this public awareness
truth is, it doesn't matter. If I had really   ing out information and speaking to their                                                          Health & Wellness
                                                                                            campaign, and he wanted me to share our
understood how serious chronic hep C           doctors about their options.                 family's story to help others. I want oth-                Radio Show
could be, I would have urged him to talk           Secada is also using his passion for     ers to understand that you can't be silent          on 620AM WNSR Radio
to his doctor and to seek help. That's why     music to honor his late father and to tell   with a silent disease. You have to power                  6pm to 7pm
BUSINESS & FINANCE                                                                                                                                                                       14

Our Economy Depends on a New
Immigration Consensus
F
BY JEB BUSH JR.                                                                                                                                   reform — reform that ensures our security
                                                                                                                                                  and respects the rule of law, but also
       or the sake of our economy here in                                                                                                         acknowledges the importance of immi-
       Florida and nationwide, we must                                                                                                            grants to our economy and our
       forge a new consensus on immigrants                                                                                                        communities.
and America.                                                                                                                                           Representing a broad political spec-
     This will require Republicans and                                                                                                            trum, the diverse participants in the
Democrats alike to stop the grandstanding                                                                                                         Southeast Summit have delivered this mes-
and gather around a table to develop                                                                                                              sage loud and clear.
rational immigration policy that serves the                                                                                                            We will continue to reinforce to our
interests of every American and their fami-                                                                                                       state representatives that overreaching
lies.                                                                                                                                             immigration laws hurt state economies and
     In that spirit, I am proud to be part of        Both states considered using prison          and anti-immigrant bills did not become
                                                                                                                                                  communities, and that hard-working immi-
the National Immigration Forum, which            labor to fill the gap on the farm when immi-     law.
                                                                                                                                                  grants — our neighbors — provide essential
recently co-hosted the "Southeast Summit:        grants, many of them legal, fled cultures of         The Supreme Court weighed on state
                                                                                                                                                  labor, open new businesses, and strengthen
Forging a New Consensus on Immigrants            fear and threats of family separation.           laws such as these. The court's ruling on
                                                                                                                                                  the economy in Florida and throughout the
and America" in Atlanta.                             A similar law would cause problems           Arizona's immigration law dims the future
                                                                                                                                                  Southeast.
     There and in the days since, business,      well beyond agriculture in Florida.              of similar laws in other states. That's good
                                                                                                                                                       From its founding, the United States has
law enforcement, faith and political leaders         Imagine a Sunshine State handicapped         news. Such laws do not move our country
                                                                                                                                                  been a welcoming land of opportunity. We
from across the Southeast have exchanged         by a sudden drop in tourism and investment       forward into the highly competitive global
                                                                                                                                                  should honor that by coming together in a
ideas and are seeking this common ground.        revenue because we pulled the welcome            economy of the 21st century.
                                                                                                                                                  new regional and national consensus on the
     The summit comes not a moment too           mat out from under visitors to our state.            Our diverse state is far better off for
                                                                                                                                                  value of immigrants and immigration to
soon. The failure of the federal government          The loss in direct spending, tax rev-        having recognized that. Immigrants are vital
                                                                                                                                                  America — after all, this is the American
to take the lead, mixed with a heaping help-     enues, economic output and earnings would        to our economy — they make up about a
                                                                                                                                                  secret sauce.
ing of heated immigration rhetoric, has led      cost us hundreds of millions of dollars.         quarter of our state's workforce and pay bil-
                                                                                                                                                       Immigration reform that meets our eco-
states to enact their own laws that target           If that sounds far-fetched, remember         lions in Florida taxes. They open new
                                                                                                                                                  nomic needs, keeps families together and
immigrants.                                      that Florida almost did follow that path, just   businesses, pick our crops and help wel-
                                                                                                                                                  upholds the rule of law is not only possible;
     We need look no farther than Alabama        a year ago. (Senate Bill 2040 and House          come the legions of visitors who come from
                                                                                                                                                  it is essential. l
and Georgia to see the costs. Farmers cut        Bill 7098 would have empowered police to         elsewhere to soak up everything we have to
back on planting after crops rotted in their     corroborate the immigration status of            offer.                                          Jeb Bush Jr. is the chief operating officer at
fields last year. According to a University of   arrestees, and compelled employers to ver-           Now it is time for our national political   Jeb Bush & Associates and sits on the board
Georgia study, that state's immigration law      ify job seekers immigration status through       leaders to follow suit. They must set aside     of the National Immigration Forum. This Op-
already has cost the state nearly $391 mil-      E-verify.) Fortunately, state legislators rec-   political stalemates and accept their respon-   Ed was originally printed in the Orlando
lion.                                            ognized the precipice on which they stood,       sibility to move forward with responsible       Sentinel.
OUR LEADERS                                                                                                                                                                   15

Frederick Douglas: I Would Unite with
Anybody to Do Right and with Nobody
to Do Wrong
F
       rederick Douglass (born Frederick       Without his approval he became the first                                                   on the liturgical calendar of the Episcopal
       Augustus Washington Bailey, c.          African American nominated for vice                                                        Church (USA) on February 20.
       February 1818– February 20, 1895)       president of the United States as the run-                                                     In 2007, the former Troup–Howell
was an American social reformer, orator,       ning mate of Victoria Woodhull on the                                                      bridge which carried Interstate 490 over
writer and statesman. After escaping from      impracticable and small Equal Rights                                                       the Genesee River was redesigned and
slavery, he became a leader of the aboli-      Party ticket. Douglass held multiple pub-                                                  renamed the Frederick Douglass–Susan B.
tionist movement, gaining note for his         lic offices.                                                                               Anthony Memorial Bridge.
dazzling orator and incisive antislavery                                                                                                      In 2010, a statue (by Gabriel Koren)
writing. He stood as a living counter-         Legacy and honors                                                                          and memorial (designed by Algernon
example to slaveholders' arguments that            In 1921, members of the Alpha Phi                                                      Miller) of Douglass were unveiled at
slaves did not have the intellectual capac-    Alpha fraternity (the first African-                                                       Frederick Douglass Circle at the north-
ity to function as independent American        American intercollegiate fraternity) desig-       In 1999, Yale University established     west corner of Central Park in New York
citizens. Many Northerners also found it       nated Frederick Douglass as an honorary       the Frederick Douglass Book Prize for        City.
hard to believe that such a great orator had   member. And so, Douglass is the only man      works in the history of slavery and aboli-       On June 12, 2011, Talbot County,
been a slave.                                  to receive an honorary membership             tion, in his honor. The annual $25,000       Maryland, honored Douglass by installing
    Douglass wrote several autobiogra-         posthumously.                                 prize is administered by the Gilder          a seven-foot bronze statue of him on the
phies, eloquently describing his experi-           The Frederick Douglass Memorial           Lehrman Institute for American History       lawn of the county courthouse in Easton,
ences in slavery in his 1845 autobiogra-       Bridge, sometimes referred to as the South    and the Gilder Lehrman Center for the        Maryland.
phy, Narrative of the Life of Frederick        Capitol Street Bridge, just south of the      Study of Slavery, Resistance, and                Many public schools have been named
Douglass, an American Slave, which             U.S. Capitol in Washington, DC, was built     Abolition at Yale.                           in his honor.
became influential in its support for aboli-   in 1950 and named in his honor.                   In 2002, scholar Molefi Kete Asante          Douglass was a firm believer in the
tion. He wrote two more autobiographies,           In 1962, his home in Anacostia            named Douglass to his list of 100 Greatest   equality of all people, whether black,
with his last, Life and Times of Frederick     (Washington, DC) became part of the           African Americans.                           female, Native American, or recent immi-
Douglass, published in 1881 and covering       National Park System, and in 1988 was             In 2003, Douglass Place, the rental      grant, famously quoted as saying, "I
events through and after the Civil War.        designated the Frederick Douglass             housing units that Douglass built in         would unite with anybody to do right and
After the Civil War, Douglass remained         National Historic Site.                       Baltimore in 1892 for blacks, was listed     with nobody to do wrong." l
active in the United States' struggle to           In 1965, the U.S. Postal Service hon-     on the National Register of Historic
reach its potential as a "land of the free."   ored Douglass with a stamp in the             Places.                                      For    more       information         visit
He actively supported women's suffrage.        Prominent Americans series.                       Douglass is honored with a feast day     www.wikipedia.org

				
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