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Tuesday, November 3, 2009

No Way Out: Bi-national, Same-Sex Couples

People are NOT Created Equally
Photo Credit: Jon Feingersh, Getty Images

Steve Orner does not receive the same immigration rights as others. He was forced to sell his home and his family was torn apart. He lost a loved one, who was forced to return to Indonesia. But there's nothing he can do about it.

Orner, a gay American citizen, was unable to sponsor his partner for legal permanent residency. He is just one of approximately 35,820 bi-national, same-sex couples living in the United States in 2000, according to U.S. Census data reported by the Human Rights Watch (HRW), an international organization for human rights.

The Price of Love
Photo Credit: Plus Studios/DH Hong Kong, Getty Images

An unnamed man said in "Family, Unvalued," a publication of the HRW, "The U.S. government does not want to acknowledge that homosexuals are entitled to be happy, just as any human beings…Now that I have finally found my soul mate, the U.S. government wants to tell me that I do not have the right to be with him. If immigration laws don't change in the near future, I will be leaving the United States, even if that means being unemployed and living in misery. At least I'll be with the one I love."

Love: Your Country v. Your Partner

Photo Credit: Jeffrey Hamilton, Getty Images

Because of restrictive immigration laws, couples are oftentimes forced to choose between their country and their partner.Approximately 19 nations give same-sex couples the right to petition for their partner, but why doesn't the United States?

Why is there no protection?
Photo Credit: Patrick Lane, Getty Images

The reason these bi-national couples do not qualify for any form of immigration benefits is simply due to the Defense Against Marriage Act (DOMA). DOMA defines marriage between a man and a woman; therefore, immigration law is not applicable to even those who were legally married in U.S. territories. U.S. citizens cannot petition for their same-sex partner to receive any form of immigration benefits.

Evaluating Options
Aliens are able to apply for asylum on the basis of sexual orientation based on the matter of Toboso-Alfonso, which was decided in 1994. A national organization known as Immigration Equality has published a handbook to help lesbian, gay, bisexual, transgendered, and HIV-positive individuals apply for asylum.


Photo Credit: Jeffrey Hamilton, Getty Images

Taking Action
Photo Credit: Roy Hsu, Getty Images

Immigration Equality is a leading national organization that is working to end discrimination in immigration law, specifically for lesbian, gay, bisexual, transgendered, and HIV-positive individuals.

American Dream: Immigrant Designs USCIS Buildings in Tri-County Areas

"The American Dream" is a reality for architect Rodolfo Acevedo, an Argentinian immigrant who designed five United States Citizen and Immigration Services (USCIS) buildings, including one in each of the tri-county areas of Florida.

Acevedo, 47, a recently naturalized U.S. citizen, helped change the overcrowded and unwelcoming image of immigration buildings. Ironically, JMWA Architects, where Acevedo received his first job after working as a busboy, was commissioned for the project. He went on to design the very offices where he once applied for citizenship in the 1990s.

"Lady Liberty": Oakland Park immigration facility

Photo Credits: JMWA Architects

Immigration center in West Palm Beach

"They were kind of makeshift facilities in a strip mall," Acevedo said in an interview with the Associated Press. "There was no welcoming, no warmth from the facilities. The furniture, the finishes, even the colors, the location within the town -- it was never feeling like they were there to actually help you."

According to USCIS, Florida has one of the longest processing times at immigration centers, taking longer than 14 months in Miami or Orlando, summarized the AP article.

Overall, Acevedo's designs attempt to change the processing times and the image of immigration centers as a whole.


Calender Hearings: What happens after the NTA

Photo Credit: Jamie Grill, Getty Images
Many people panic when they receive any form of paperwork regarding immigration, but it is important to keep in mind what the immigration process looks like and, if possible prepare ahead of time.

After an alien is served an NTA (Notice to Appear) in Immigration Court, the removal process follows one or both routes:

1. Master Calendar Hearing
2. Individual Calendar Hearing

Master Calendar Hearing
What happens...
  • The first hearing during removal proceedings
  • Usually many people are scheduled for a master hearing at the same time
  • It is used to set the tone for what may or may not lead to an individual hearing
  • The time and date of the Master Calender Hearing may be stated in the NTA
  • Informs the alien of their right to an attorney, the availability of free and/or low-cost attorneys
  • Explains that the alien has the right to present evidence and object to any evidence
  • Explain charges (usually criminal)
  • Hear pleadings
  • Set deadlines for applications, forms of relief, statements, witnesses, and other documents
  • Explain consequences of missing a hearing
  • Inform the alien of the right to appeal any decision to the Board of Immigration Appeals (BIA)
You should be prepared to...
  • agree with or deny the NTA
  • admit or deny allegations
  • designate a country for removal, if applicable
  • designate forms of relief
  • estimate time needed for case
  • set a date for individual case
  • arrange for an interpreter to be present, if necessary
Photo Credit: Comstock, Getty Images

Individual Master Hearing
What happens...
  • aliens have the ability to introduce evidence and call witnesses to the stand
  • this is the time where removability or deportability is contested with forms of relief
  • aliens can object to government's evidence and witnesses as well
  • judge will issue a final ruling in court or at a later date, after hearing both defense and prosecution
You should be prepared to...
  • discuss all of your arrests, if any
  • provide compelling reasons for your previous behavior
  • have your lawyer discuss your forms of relief
  • present any witnesses that can testify to your personal character and/or why you are seeking relief
  • present documents supporting the type of relief you are seeking
  • give your own detailed personal testimony in regards to the relief you are seeking
(Source: Personal Experience and some basic information from Chicago Immigration Attorneys)

The Real Numbers: Immigration Apprehensions, Removals

Be careful not to violate the Immigration and Nationality Act (INA), or you may find yourself among the 792,000 foreign were apprehended by the Department of Homeland Security as of July 2009 . You might even find yourself among the 359,000 aliens who were actually removed from the United States. (Source (pdf): Office of Immigration Statistics, Annual Report from July 2009)

The INA is most typically violated by "losing legal status by failing to abide by the terms and conditions of entry or by engaging in crimes such as violent crimes, document fraud, terrorist activity, and drug smuggling," according to a July 2009 Annual Report from the Office of Immigration Statistics.

The leading country of descent of those aliens removed was Mexico (69 percent), followed by Honduras and Guatemala.

DO NOT: Ignore a Notice to Appear

Photo Credit: Jim Arbogast, Getty Images

A "Notice to Appear," also known as an NTA, is a document that the Department of Homeland Security uses to initiate an immigrant's removal from the United States.

An NTA is an extremely important document and should be handled with immense caution. If you receive an NTA, DO NOT ignore or disregard it:

"If you fail to attend the hearing at the time and place designated, or any date and time later directed by the Immigration Court, a removal order may be made by the immigration judge in your absence and you may be arrested by the INS [Immigration and Naturalization Service]," reads all official NTAs.

*If you are not sure whether or not you have been served an NTA, check out an example (pdf) of one.*

All NTAs serve to inform the alien of:
  • The nature of the hearing
  • The alleged immigration laws he/she has violated
  • Their right to be represented by an attorney
  • The consequences of missing a hearing
"[Penalties could include] imprisonment for up to 10 years for aliens who do not appear at hearings," according to the Department of Homeland Security.

Photo Credit: Tom Smart, Deseret News (Salt Lake City)

If you are served an NTA, there are a few things you need to do:
1. Do not ignore the NTA. Make sure that you appear (the earlier, the better) at your scheduled hearing. Some judges, especially in Miami, Florida, will not hesitate to put out a removal order.

2. Do not panic. This notice constitutes information. It does not necessarily mean that you will be deported.

3. Immediately consult an immigration lawyer.
- Do not let anyone, including an immigration officer, convince you that you do not need a lawyer and that you can represent yourself.
- Colleges and universities nationwide have legal programs, such as the University of Miami, and are a good starting point for free referrals.
- Even if you cannot afford a lawyer, a list of local pro-bono lawyer can be found just by performing a Google search.

4. Be aware of your options and your consequences. You most certainly do not want to end up in a detention center, like Krome in Miami. Do not think, "It won't happen to me"--it can. Keep in mind the recent story of the father, whose Marine son is serving in Afghanistan, suffering from lung cancer who was held at Krome for 11 days and is awaiting deportation.

Sivan's Immigration Glossary

United States Citizenship and Immigration Services (USCIS) has their own glossary of immigration terms. However, I thought it would be helpful if I included a glossary of terms, taken directly from their website, I thought were most important for Real Immigration Stories.

Photo Credit: Digital Vision, Getty Images

Alien:
Any person not a citizen or national of the United States.

Asylee: An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution.

Cancellation of Removal: A discretionary benefit adjusting an alien’s status from that of deportable alien to one lawfully admitted for permanent residence. Application for cancellation of removal is made during the course of a hearing before an immigration judge.

Conditional Resident: Any alien granted permanent resident status on a conditional basis (e.g., a spouse of a U.S. citizen; an immigrant investor), who is required to petition for the removal of the set conditions before the second anniversary of the approval of his or her conditional status.

Deportable Alien: An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status.

Derivative Citizenship: Citizenship conveyed to children through the naturalization of parents or, under certain circumstances, to foreign-born children adopted by U.S. citizen parents, provided certain conditions are met.

Employer Sanctions: The employer sanctions provision of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee aliens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations.

INA or Immigration and Nationality Act: The Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalization, and removal of aliens.

Inadmissible: An alien seeking admission at a port of entry who does not meet the criteria in the INA for admission. The alien may be placed in removal proceedings or, under certain circumstances, allowed to withdraw his or her application for admission.

Lawful Permanent Residents: Any person not a citizen of the United States who is residing the in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien," "Resident Alien Permit Holder," and "Green Card Holder."

Migrant: A person who leaves his/her country of origin to seek residence in another country.

Nonimmigrant: An alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

Parolee: an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers temporary status only, requiring parolees to leave when the conditions supporting their parole cease to exist.

Port of Entry: Any location in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district and files control offices are also considered ports, since they become locations of entry for aliens adjusting to immigrant status.

Principal Alien: The alien who applies for immigrant status and from whom another alien may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children).

Refugee: Any person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion.

Refugee Parolee: A qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States under the parole authority granted to the Secretary of Homeland Security.

Returning Resident: Any Lawful Permanent Resident who has been outside the United States and is returning to the U.S. Also defined as a "special immigrant." If outside of the U.S. for more than 180 days, must apply for readmission to the U.S. If outside of the U.S. for more than one year and is returning to his or her permanent residence in the United States, usually must have a re-entry documentation from USCIS or an immigrant visa from the Department of State.

Stateless: Having no nationality.

Temporary Protected Status: Establishes a legislative basis for allowing a group of persons temporary refuge in the United States. Under a provision of the Immigration Act of 1990, the Secretary of Homeland Security may designate nationals of a foreign state to be eligible for TPS with a finding that conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster. Grants of TPS are initially made for periods of 6 to 18 months and may be extended depending on the situation. Removal proceedings are suspended against aliens while they are in Temporary Protected Status.

Transit Alien: An alien in immediate and continuous transit through the United States, with or without a visa, including, 1) aliens who qualify as persons entitled to pass in transit to and from the United Nations Headquarters District and foreign countries and 2) foreign government officials and their spouses and unmarried minor (or dependent) children in transit.

Visa:
A U.S. visa allows the bearer to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHS), Bureau of Customs and Border Protection (BCBP) immigration inspectors determine admission into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrant visa only relates to when an individual may apply for entry into the U.S. DHS immigration inspectors will record the terms of your admission on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport.

Voluntary Departure: The departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.

Withdrawl: An arriving alien’s voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal.

Source: United States Citizenship and Immigration Services Glossary

Monday, November 2, 2009

"Hidden in Plain Sight": Human Trafficking


Billboards and PSAs advocating "Hidden in Plain Sight," Immigration and Customs Enforcement's (ICE) newest program to raise awareness about human trafficking can be found nationwide.

ICE now has an "overall goal of preventing human trafficking in the United States by prosecuting the traffickers, and rescuing and protecting the victims," according to a November 2 press release.

Many victims of human trafficking are helpless and were promised a better life but are now trapped in a modern form of slavery; however, the public program aims to provide solutions that will bring relief to victims and help stop other crimes. Both solutions require participation from victims that will aid law enforcement in investigation and prosecution and are granted by United States Citizenship and Immigration Services (USCIS):

1. T Nonimmigrant Status (T visa):
- victims of human trafficking
- expected to comply with reasonable requests from law enforcement to investigate or prosecute human trafficking
- must prove that it would be an extreme hardship if removed from the United States

2. U Nonimmigrant Status (U Visa):
- victims of human trafficking and/or rape, murder, sexual assault, abduction, prostitution, and various other related criminal activities
- "were helpful, are helpful, or are likely to be helpful to law enforcement" with investigation and prosecution of the crime
- have suffered substantial mental and/or physical abuse as a result of the crime

Immigrants holding a T or U Visa are eligible to apply for legal permanent residency after maintaining legal presence in the United States for at least three years. For more specific details, visit USCIS's Frequently Asked Questions section: T Visa or U Visa.

Friday, October 30, 2009

Do you think people are racist towards immigrants?

Do you think people are racist towards immigrants?

Well, I do.

My opinion was particularly solidified when I saw this video about racism towards blacks on CNN's iReport. I realized that racism is racism, no matter how you frame it, towards blacks, immigrants, or anyone.


It then became clear to me that, oftentimes, immigrants are the subject of racism similar to the racism that blacks have faced for centuries. American society views blacks, immigrants, and other groups as "different."

There is a certain air that comes with discussing both blacks and immigrants because both groups, historically, have been subject to prejudice. A pattern of thought to automatically exclude blacks or immigrants, or to treat them worse or differently, than the dominant group(s) of white men has become a learned behavior.

In effort to stop this racism, we all could open our minds and train our brains to think twice before falling into racist thoughts, speech, or actions with any group or anyone. Watching this video is a good step in doing so.

Dissolved: 22-year-old travel, immigration against those with AIDS/HIV

Photo Credit: Associated Press, Gerald Herber

President Barack Obama lifted a 22-year-old travel and immigration ban against those with HIV/AIDS today, in an attempt to eliminate a stigma against the diseased for years. Changes will take effect Monday.

Since 1987, those with the disease have been barred by the Department of Health from entering the United States, including students, refugees, and tourists. Under immigration law, those with the disease have been classified as "inadmissible."

Obama announced the change while renewing a bill to extend the Ryan White HIV/AIDS Program, which provides medical care and services to nearly half a million people.

What are people saying about this issue?

Q: What does Obama think?
A: "If we want to be the global leader in combatting HIV/AIDS, we need to act like it," he said. Obama hopes to end the stigma against those with the disease and encourage more people to get tested.

Q: What does a college student think?

A: "I think it's pretty messed up to discriminate against diseased people," Michelle Oliveria, a freshman at Florida Atlantic University said. She continued, it's the same mentality as: "let's not let old people into the country since they are not assets."

Q: What do others think?

A: "Now, those families can be reunited, and the United States can put its mouth where its money is: ending the stigma that perpetuates HIV transmission, supporting science and welcoming those who seek to build a life in this country," said Executive Director of Immigration Equality, Rachel B. Tiven. Tiven says that the ban has not benefited public health.


Q: What do I think?

A: Widespread fear and ignorance regarding HIV/AIDS dominated our country in 1987, but it does not need to exist now. The ban was a 22-year-old manifestation of discrimination that did not benefit our country at all. It is time to let people with the disease know that they are welcome here.

Q: What do you think?

A:
Leave a comment. You have the right for your voice to be heard. Use the list of pros and cons I have formulated below to help formulate your opinion. *Note this list is based on my opinion and is not necessarily what will or even could happen as a result of the lift on the ban*

Pros of lifting the ban:
  • Ends discrimination
  • Normalizes the disease
  • Encourages people to immigrate to the United States
  • Encourages awareness about the disease
  • Promotes HIV/AIDS testing
  • Supports open-minded thinking
  • Places the U.S. at the global forefront in addressing the disease
Cons of lifting the ban:
  • HIV/AIDS could spread more
  • People could use the disease as an excuse to gain rights in the U.S.
  • More discrimination could occur
  • It could be globally counter-productive for the U.S.
  • People could become more closed-minded
  • An even greater stigma against people with HIV/AIDS could be developed

Removal of Widow Penalty Effects Canadian Immigrant

Donna Bowen, a Canadian immigrant, is a surviving spouse whose story was previously posted on Real Immigration Stories.

Her lawyer, Angel Arias, is one of many making history and setting the stage for future immigration law. Arias recently took steps to end Donna's removal proceedings by coming to a joint agreement with United States Citizenship and Immigration Services.

Angel Arias can be reached at 786-728-8700 or at www.ariaslawgroup.com

As soon as Donna's I-360 form is filed, Donna will be able to petition independently for legal permanent residency. She no longer needs to apply for the temporary program of deferred action.

President Obama Eliminates the Widow Penalty

President Obama approved a new law ending the "widow penalty," a rule that prevented widows of U.S. citizens from applying for legal permanent residency if they were married for less than two years, on Wednesday, October 28.

This means a number of things for surviving spouses...

  1. Surviving spouses now have the opportunity to petition on their own for legal permanent residency, instead of being placed in removal proceedings.
  2. The new law does not apply to those who have re-married.
  3. Spouses of the deceased need to prove that their marriage was in good faith.
  4. Widow/widower(s) have two years from the enactment of the law to apply independently for legal status.
  5. Any widow/widower currently in removal proceedings can file an I-360 with USCIS and file a motion to terminate their removal proceedings.
  6. The Department of Homeland Security has heard the voices of those involved in a class action lawsuit because of the widow penalty.
  7. Immigration law reform is possible.
Who does this effect?

Before it was removed, the widow penalty affected nearly 200 people, according to Brent Renison, a pro-bono lawyer who works for Surviving Spouses Against Deportation. Renison filed a class action lawsuit on behalf of the surviving spouses against The Department of Homeland Security.

The widow penalty, when in effect, impacted immigrants like Donna Bowen, previously profiled on Real Immigration Stories. Find out how this is effecting Donna, with the most recent update.

Listen &Understand: What is Immigration and Customs Enforcement?


Audio Credit: Sivan J. Fraser
Photo Credit: "D.C. Atty." (Flikr)

Thursday, October 29, 2009

Defenseless Immigrant Children Puzzled by Legal Maze

"More than 8,000 children come to the United States each year without a parent or legal guardian and are put into the custody of the U.S. government," according to Kids in Need of Defense (KIND), a pro-bono network of law firms that represent immigration children. "Numerous others enter alone but live "underground" in secrecy and deprivation in a desperate attempt to evade U.S. authorities."

Angelina Jolie says, "No child should face deportation from the United States without representation."


KIND was established by Microsoft Corporation and actress Angelina Jolie, but organizations that help immigrant children are scarce. Sometimes, defenseless babies are carried into immigration court. Many children are searching for a way out of poverty, while others are looking for mommy or daddy, who left them many years ago to find a better quality of life. Either way, the numbers of illegal children continue to grow and so does the lack of pro-bono lawyers with experience in immigration.

Immigration, on its own, can be tricky for adults. Just imagine how it feels to be a child trapped in the maze of immigration law, especially if you are a child who has been detained.

"Getting a good defense can literally mean the difference between life and death for a child who is fleeing war or is the victim of human trafficking," Wendy Young, director of KIND, said in an interview with CNN. "The impact [of having fewer legal services] would be devastating, because these are children who can't get through legal proceedings alone. It's just not realistic."

Photo Credit: ERproductions Ltd, Getty Images

Young told CNN that almost 50 percent of detained children went before a judge with no lawyer last year. It's becoming increasingly difficult for immigrant children to obtain legal counsel, due to financial cutbacks and lack of knowledge.

Children who are detained by the Federal Office of Refugee Resettlement live a life in limbo. They estimates that 7,211 immigrant children illegally entered the U.S. in 2008.


Photo Credit: Mark Hill, CNN

Take a look inside the life of a child in detainment , a piece CNN did on a 12-year-old girl from Central America named "Marta." Marta came to the U.S. illegally, but her lawyer helped her obtain a U.S. Visa for abused and neglected children. She now lives in a foster home.

Thursday, October 22, 2009

Where do immigrants settle?


Photo Credit: New York Times, "Immigration Explorer"

A total of 1,107,126 legal permanent residents resided in the United States in 2008, according to statistics from the Department of Homeland Security (DHS).

If you're wondering where these immigrants reside, the New York Times created an interactive map to illustrate the dispersion--the "Immigration Explorer."

Immigrants from Mexico, China, and India were among the most popular in 2008.

Saturday, October 10, 2009

Dos Familias Separadas: Two Families Separated

Photo Credit: Yosie Crespo

"I remember one day I had a final math test, and mom went out to the streets of Pinar del Rio to find me lunch before going to school,” Yosie Crespo, an immigrant from Cuba said. “She came back empty-handed, with money, but no food. She then realized that it was time for a change.”

Yosie also remembers when, at age 13, her mom asked if she would sneak onto a boat to get to the United States. “Of course,” she recalls saying innocently, as if it was as simple as snapping her fingers. Yosie and her family did not take a boat to leave Cuba, but it still was not easy; a popular phrase in Cuba is “it’s not easy” or “no es facil.”

“God really helped us though and someone up there put his hand on us so that we didn’t have to travel that way,” she said.

Yosie wound up leaving Cuba by means of her mother’s sham marriage to a political prisoner, which left her family forever separated and changed her whole life. Despite the better quality of life Yosie and some her family obtained, a typical scenario amongst Cubans played out: “Dos familias separadas”—two families separated through immigration to the United States.

Yosie’s mother was married to a man named Pedro Gonzalez for seven years and, it just so happened, that the political prisoner, Nico, had the same last name. When her family filled out paperwork with the U.S. Embassy, they listed her real husband as a step-son on the application; however, a day before Yosie and her family’s appointment with the U.S. Embassy, Pedro’s permission to travel was held.

“People in Cuba are often and very quickly influenced by the powers of money,” Yosie said. “Nico became interested in my mom, and, after knowing that my mom would not sleep with him, he threatened to stop the trip the day before we received our permission to travel.”

As a result, the embassy told Pedro that he could travel at a later date. But he was never allowed to do so and, after many years of separation, married someone else in Cuba. Yosie hypothesizes that this was a result of Nico’s jealousy.

“We all made it to the United States, safely, up until this very moment. Nico went his way, and my mom, my grandparents, and I also went our way,” Yosie said. “We were a happy family now, but without Pedro.”

Yosie immigrated to the United States in 1993, right in the middle of what she calls “el periodo especial,” the special period, when a lack of resources was widespread.

“I remember having to go to school with a piece of bread filled with brown sugar,” she said. “That was my lunch and I ate it as it was a Quizno’s sandwich.”

Despite the troubles Yosie and her family endured, she successfully immigrated to America. She remains faithful to Cuba and is currently working in hospitality and aspires to be a writer. She is still troubled by the issue of her family being separated and the structure of communism that changed her life.

“I hope that one day, I can go back and visit Cuba as many times as I want to, without a government dictating how many times I can go back to my own country, never mind whether anyone can or cannot leave at all.”

The "Immigration Police": ICE.

When people refer to the "immigration police," who they are really referring to is the law enforcement division of the Department of Homeland Security (DHS) known as Immigration and Customs Enforcement (ICE). ICE is the largest investigative branch of DHS.

The law enforcement division was established in 2003, following the Homeland Security Act of 2002. ICE assumes many of the previous duties of the United States Customs Service (Treasury), Immigration and Naturalization Service (Justice) and Federal Protective Service.

ICE is responsible for enforcing over 400 federal statutes and has 17,200 employees. It's $5 billion budget allows for a strong presence with more than 50 locations around the world. With such a large task force, ICE is able to dedicate time to investigation on a variety of topics, including:
  • smuggling and document fraud operations
  • sexual predators
  • visa security
  • illegal arms trafficking
  • document and identity fraud
  • drug trafficking
  • child pornography and sex tourism
  • immigration and customs fraud
  • intellectual property rights violations
  • financial crime, human smuggling and trafficking
A huge component of ICE is its National Fugitive Operations Program, which aims to identify and arrest fugitive aliens. Typically, officers engaged in this program are the ones most often viewed by the public. Like all topics of interest, there are many who support ICE and many who are against it. Check out this video about the fugitive program from Ledger Live, a multimedia component from New Jersey-based newspaper the Star Ledger.

Ledger Live: ICE raids go off target; journalist loses hope



According to ICE , "a fugitive alien is someone who "has failed to depart the United States pursuant to a final order of removal, deportation, or exclusion; or who has failed to report to a Detention and Removal Officer after receiving notice to do so."

Friday, October 9, 2009

I do not consider myself an American because…through the eyes of Alisa Levina

Photo Credit: Alisa Levina

*Note: This story was written by Sivan J. Fraser, as told through Alisa Levina's perspective*

Even though I have been an American citizen for the past three years and a resident for about 10, I do not consider myself an American. I am blessed to be here and thankful for the freedom of this country, but I cannot call myself an American.

I was born in Riga, Latvia a former USSR country in 1989. In 1995, my family and I moved to New York City, then back to Russia, and finally to Jacksonville, FL. My heritage, my upbringing, my first language, my taste in food, and all things cultural are Russian.

Looking at me, I doubt you'd be able to tell that I am Russian. I am a white, brown-haired, brown-eyed, 20-year-old girl, whose entire thought process is in a different language.

In reality, I am an immigrant. My family worked very hard to get here. My father worked for the government and was not allowed to leave for a year after I left with my mother, and my grandmother and grandfather on my mom’s side. My father worked under Mikhail Gorbachev for the KGB and, with the fall of the USSR in 1995 and the change of government, it was very risky and dangerous for our family. In Russia, they have a quota of how many people can leave the country—they do not care if it’s a life or death situation, they will not violate their quota.

We honestly packed a suitcase for each person and just left. You cannot really come to America with a lot, I think. It was a very tumultuous time. If we had not left in the exact moment we did, I do not think we could have ever left.

We had family in the United States and they petitioned for us to come, so our voyage here was very much legal and direct. However, we did have an upper hand. Only a certain amount of immigrants were allowed to leave the country and it took my aunt six years after us to immigrate. Coming here was a struggle. My grandmother on my dad’s side stayed behind with my dad, but I came to America within two days with my mom and my grandmother and grandfather from my mom’s side. My life changed drastically.

Our life was wonderful in Russia we had financial freedom, a beautiful house, and a very care-free life, and we had our own chauffeur. My parents came here with nothing and worked hard for what they have. We are currently in a very good-standing in the United States, with no remaining debt. But, when we came here, my mom started off with odd jobs, working in food service and as a teacher. She never had to work a day in her life, so it was very different. My mom worked three jobs, went to school and learned English, and finally got a degree as a computer programmer. My dad currently owns a Russian produce store. It was hard to adjust.

On the SAT, I always marked "other." I think those questionnaires are quite bogus. They ask for your nationality, and, although my skin may be white, it does not make me an American.

International student, immigrant, or BOTH?

Q: Is an international student considered an immigrant?

A: Yes, according to definitions created by the Immigration and Nationality Act upheld by United States Citizen and Immigration Services (USCIS).

The Immigration and Nationality Act States that an immigrant can be “an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study.”

Photo Credit: Sergio Leone Berry

Sergio Leone Berry, a sophomore at the University of Miami, is an international student on an F-1 visa and immigrant to the United States.

“I’ve been here a lot, most of the times in Miami and Boston, but I just feel I blend in easily,” said Sergio, who is proud to be Ecuadorian but feels extremely blessed to study in America. “[But] I know that I am an immigrant. I do not have citizenship here and I am on a visa.”

Sergio, who is majoring in international studies, is a 20-year-old who was born in Guayaquil, Ecuador. His family in Ecuador runs a major tuna fishing business that is a supplier to Starkist Co., a fact that Sergio believes contributed to his ability to the study in the United States.

“My guess is that a lot of people in Ecuador would kill just to come here,” Sergio said. “I understand the enormous effort my family is making to keep me here, so I must give that back to them.”

Additionally, Sergio worked for the United States Consulate General in Ecuador as a political and economic intern. He feels that this job opportunity, combined with his family’s hard work, has put him in a more than fortunate position, despite how difficult it is to start life in another country.

“I guess that they [immigrants] are brave. It’s not just easy leaving you country. You look back and you left your family, your home, your people, your neighbors,” Sergio said. “Immigrants are trying just to make each day better for themselves and their families. And that’s what I’m doing.”

Motivational Words form Sergio about Immigration:
“I would say that first you need to feel you made the right decision, because it is not easy leaving one’s country and family behind to try and come to the United States. You do this because you want to succeed, get better in your life, and give a better life to your family. You must put faith into it. Success doesn’t come [as easy as] night and day, as fast as anyone would like. You need perseverance, you need discipline, and, sometimes, the right people to talk to—contacts really help…I believe there is a road for everyone to walk on. Those roads lead to success, in many ways.”

Donna Bowen: Deferred Action

Donna Bowen, a Canadian immigrant, is currently applying for deferred action with United States Citizenship and Immigration Services. Deferred action is a temporary program that provides relief for widow(er)s of the deceased who were married less than two years when their spouse died.

Photo Credit: Scazon (Flikr)

“I feel more American than I do Canadian, to be honest with you,” said Donna Bowen, a Canadian who has resided in the United States. for 23 years. However, she was recently served a “Notice to Appear” (NTA), making her eligible for deportation, in immigration court for residing without status in the America.

Donna was born in Montreal, Canada. She first came to the United States in 1986 as she had bought a vacation home in Florida. Up until June 9, when the Western Hemisphere Travel Initiative (WHTI) was passed, only an oral declaration of citizenship by Canadian citizens was needed to enter the U.S. The WHTI puts an end to oral declarations and enforces document requirements for all previously exempt travelers entering America, including citizens from Canada, Bermuda, and the United States.

Click here for a list of document requirements and frequently asked questions about WHTI.

Donna only intended to vacation in Florida, but, through a natural, unplanned process, wound up residing there for the past 23 years. Her spouse, who she had been married to for less than two years, recently passed away, making her ineligible for status as a legal permanent resident.

The question of her status was brought into question when she traveled outside of the country to Ireland and was stopped by Immigration and Customs Enforcement (ICE). As a United States domicile, Donna returned to her home in Florida and was then served her NTA in immigration court. Fortunately, USCIS created an interim program for widow(er)s to obtain temporary status for up to two years in the United States known as deferred action.

“God doesn’t make mistakes—that’s why I’m a believer,” Donna said in reference to her applying for deferred action with USCIS.

In Donna’s first hearing, a master calendar, her immigration lawyer, Angel L. Arias, declared Donna’s intention to file an I-360 form for deferred action and terminate removal proceedings. He feels confident that Donna will qualify for relief.

“Deferred action allows a group of individuals who normally wouldn’t benefit any relief from immigration, due to the fact that their spouse passed away, to maintain some form of legal status,” said Arias.

Donna’s next hearing is set for Jan. 21, 2010. Check out my blog again soon to see what happens next with Donna Bowen’s real immigration story.

Thursday, October 8, 2009

Wednesday, October 7, 2009

Deferred Action: Interim Relief for Surving Widow(er)s

Photo Credit: Shayne Kaye (Flickr)

Applying for any form of status, legal permanent residency or United States citizenship, is not an easy process. But imagine how much harder it is when your spouse dies—not only do you lose your partner in life, but, typically, the Department of Homeland Security (DHS) gives you the “widow penalty.”

Historically, the widow penalty prevents widows/widowers of deceased U.S. citizens from obtaining legal permanent residency if their spouse dies before they have been married for two years. However, the U.S. Citizenship and Immigration Services (USCIS) created an interim program of relief for widow(er)s, due to the overwhelming amount of immigrants in this situation called deferred action on June 9.

Click here to fill out the USCIS I-360 for deferred action.


Quick deferred action facts:
- USCIS will NOT proceed with removing an alien for a specific time period of two years
- Involves a temporary suspension of any form of adjusting status
- If granted, an alien will be eligible for employment and travel authorization by filling out necessary forms (I-131: application for travel document)
- The decision cannot be appealed

According to a fact sheet released by the American Immigration Lawyer’s Association, surviving widow(er)s whose spouses were U.S. citizens and died before their second marriage anniversary, are eligible for deferred action if they:
“1. Were married to, but not legally separated or divorced from, their U.S. citizen spouse at the time of that spouses death;
2. Did not remarry; and
3. Are currently residing in the United States, regardless of whether the U.S. citizen spouse filed an I-130 petition for the foreign spouse before his or her death.”

Deferred action also applies to qualifying children of the survivor if the child is under the age of 21, not married, and currently lives in the United States.

Tuesday, September 22, 2009

Audio Disclaimer- Click to Listen!


Photo Credit: Stock Photo from www.fotosearch.com

Sunday, September 20, 2009

Temporary Protected Status for Haitians -- Temporary or Not?

Photo Credit: Illinois Institute of Technology Student Chapter- Haiti Outreach

Approximately 30,000 undocumented Haitians would be allowed to remain in the U.S. temporarily with a work permit, if a call for Temporary Protected Status (TPS) is answered by immigration, according to a recent article in the Miami Herald.

Many Haitians in the U.S. are arguing for this protection, although President Obama says that immigration reforms will take place next year.

After three Haitian women's unclaimed bodies were publicly buried, TPS activists demonstrated in front of the White House and the Department for Homeland Security on September 19, 2009.

Advocates claim that the four deadly storms that struck Haiti, costing almost $1 billion in damage last year, legitimize the fight for the status. In addition, TPS would prevent more Haitians from attempting to come into the U.S., as their families would be able to work to support them.

Opponents say there is no "temporary" in when it comes to protected status.

Immigration has currently stopped deporting Haitians, aside for criminal deportees.

The Department of Homeland Security has not changed its policy regarding TPS. They advise Haitians to not come to the U.S. in hopes of gaining Temporary Protected Status.

What do you think? Should Haitians be granted Temporary Protected Status?
Give me some feedback. Leave a comment, please.

Friday, September 18, 2009

Why do Cubans get special status in the U.S.?

The Cuban Adjustment Act of 1996

Oftentimes, immigrants wonder why Cubans are able to obtain residency quicker than those from other countries. There have been numerous debates about why this happens and, usually, a lot of misinformation associated with the issue. I've noticed that a lot of immigrants become angry when I ask them about Cubans have protected and/or special status in the U.S. But, honestly, how can someone complain about someone who was born in a communist country getting residency faster than someone who did not come from communism?

Immigration is a difficult process for everyone, not just Cubans, but here are some facts an immigration handbook released by the Department of Homeland Security (Adjudicator's Field Manual):
  • It became law on November 2, 1996
  • Originally designed to permit Cuban refugees, usually non-immigrants or parolees, to adjust to status as a legal permanent resident, who had no other means of obtaining legal status
Q: Who is eligible under the Cuban Adjustment Act?
  • A Cuban native or citizen
  • A person born in Cuba and still a Cuban citizen
  • A "stateless" person (who lost their Cuban citizenship and obtained citizenship elsewhere) who was born in Cuba
  • A person born in Guantanamo Bay, on the U.S. Naval Base
  • A person born outside of Cuba, but still a citizen
Q: What do you need to prove you are Cuban?
  • A valid Cuban passport or any other official document from Cuba that identifies you as a citizen
Q: How do you qualify once you prove that you are Cuban?
  • Maintain physical presence in the U.S. for a total of one year
Q: Can my children seek adjustment too?
  • A dependent--spouse or child--can apply under the Cuban Adjustment Act, regardless of where they were born, if they physically reside with the qualifying applicant.
Q: Where do I have to enter the country?
  • It is recommended that you enter the U.S. through a valid point of entry, but you will not be inadmissible under the Cuban Adjustment Act if you do not enter through a point of entry.
What documents do I need to fill out? All links go straight to immigration documents on the U.S. Citizenship and Immigration Services' website and are listed here:

Thursday, September 17, 2009

A Positive Encounter with Immigration: Gladys Mayo

Photo: Sivan Fraser


“La frontera”: the frontier. There’s a reason why the United States-Mexico border is literally known as the frontier; it’s an emotional and physical boundary that represents the onset of freedom for many, like Gladys Mayo, a native of Cuba. What makes Gladys’ story truly unique is the positive encounter she had with both Mexican and American immigration officers.

In a September 2009 interview with me, Gladys said that she did anything to get to the United States and obtain freedom:

* 1998-2003: immigrated to Venezuela
* 2003: obtained a visa to Mexico, under the guise of a medical conference
* Planned to cross the border into the U.S

At the frontier, Gladys told the Mexican immigration authority that she was waiting for her son’s father to pick him up. But, after an hour of waiting in the blazing sun, the immigration officer abruptly questioned Gladys. “Senora, porque no me dice la verdad?” he said. “Why don’t you tell me the truth?” When Gladys explained her situation, the immigration officer told her that he helps all Cubans cross the frontier.

Skeptically, Gladys accepted the help as he drove her to a bridge right before the border. He instructed her to take take her son by the hand, cross the bridge like an American would, and never look back. Armed with a plan and the national money she needed to cross the checkpoints, she crossed the frontier.

Despite being scared of deportation or detainment, she never looked back as she walked her way into freedom.

When Gladys crossed the American-Mexican border, she was filled with relief. She kept all of her documents in order, including both her and her son’s original Cuban birth certificates, as she made her way into the U.S. detention center. The other immigrants told her, “You don’t have to be afraid now. You’re safe here.” Instantly, she felt at home.

The U.S. immigration officers were able to see her after only a few minutes and she describes her admittance into the country as smooth. She says that the officers were very loving and paid full attention to her. They asked her routine questions to prove that she was truly Cuban as well.

Overall, Gladys could not have been happier with how U.S. immigration treated her. When the officers noticed that her son had asthma, they immediately escorted him to a doctor. As a result of his asthma, they were not required to stay in the detention center.

Immigration officials gave Gladys and her son the opportunity to call their relatives and insisted that they ate something. Gladys said that they were very concerned about whether or not she had enough to get by. Then, the immigration officers drove Gladys and her son to a bus station, so they could go to Miami and reunite, in freedom, with their family.

Gladys describes her experience with immigration as excellent, which is not typical of many immigrants, even after her lengthily travels in attempts to cross the border. She feels forever indebted to the United States for welcoming her into the country with open arms and ensuring her well-being.

Gladys is currently working as a geriatric nurse in Miami and is applying to become a United States citizen, as she truly feels like an American after spending six years working in a system that smoothly and lovingly liberated her from communism.

Thursday, September 10, 2009

Do you have a real immigration story you want to share? Need legal advice and pointers? You're in the right place!

Photo Credit: Sivan Fraser
"The truth shall set you free."
Share your true immigration story--
tell me what you went through for freedom,
tell me what freedom feels like,
or start to feel free just by sharing!


Hello, blogosphere!

If you or someone you know has an immigration story to share, please let me know! I want to publish your story and convey it in the best possible way, so others can know how intense and life-altering the process of immigrating to the United States is. I WANT TO KNOW YOUR STORY!

I speak English, Spanish, and Hebrew, so please, feel free to share.

This is a free forum for ideas and all opinions will be accepted without hesitation.

If you have some advice, please share it. If you need some advice, then please ask for it. If I cannot answer your question, I will call upon my contacts and find someone for you to talk to.

10 YEARS WITHOUT STATUS IN THE U.S.: M.A.'s Real Immigration Story


LISTEN to M.A.'s Immigration Story Part 1
LISTEN to M.A.'s Immigration Story Part 2

What if you lived your life without a name for 10 years? There would be no way for someone to address you and no way of identifying who you are. Without a name, it’s terribly difficult to do basic things—like drive a car, go to school, go to the doctor, use a credit card, take a vacation out of the country, or even just to exist. Living in the United States without status is like living in the world without a name.

M.A., a 33-year-old native of Cuba, lived in the United States for 10 years without any form of legal status. In an August 2009 interview with me, she explained that she would have been eligible for status as a Legal Permanent Resident (LPR) after only one year, in accordance to the Cuban Adjustment Act of 1996; however, her lack of understanding of the laws in America robbed her of her ability to obtain status in this way.

*Note: People residing in the U.S. who are deemed inadmissible or able to be deported by the Department of Homeland Security are served a "Notice to Appear" in immigration court, where their future is decided.

Factors that made M. inadmissible to the U.S. for status as a Legal Permanent Resident:
  • She was convicted of organized fraud in 2002
  • The crime is classified as a crime involving moral turpitude
  • The classification of the crime disqualified g her from applying to the U.S. as a refugee.
According to the Department of Homeland Security’s Annual Flow Chart Report of Refugees and Asylees, 4,177 Cubans who were granted refugee status in the U.S. in 2008

The sad thing really is that M. unknowingly committed this crime, which is something that happens to many immigrants to the U.S. They come to the United States, try very hard to create a life for themselves, and they think that they’re doing the right thing—until, in a split second, their life changes for doing something that probably would never be considered illegal in their country. M.'s friend asked her to give a check to another person and, because she wanted to help, she thought nothing of it. Little did she know that she was the middle man amidst a money laundering scheme. A classic scenario ensued: M.’s innocent decision to help a friend out cost her ability to gain status in the United States for ten years.

For M., living without status meant constantly applying and re-applying for a permit for work, for a driver's license, and for car and health insurance. She explained that she never really knew what path her life would take--every day was like a giant question mark. M. was constantly depressed and anxiety-ridden. Her life revolved around obtaining legal permanent residency. M. was also unable to travel outside of the United States, which was heart wrenching because nearly her entire family resides in Cuba.

As time passed, M. tried to create the best possible life for herself. She became an airplane mechanic and an avionics technician. In addition, she remodeled an entire home by herself and explored a passion for photography.

M. spent years dreaming of status a Legal Permanent Resident and, finally, her dream came true on June 19, 2009, when she was granted an "extreme hardship" waiver known as a 212(h) by Judge Charles J. Sanders. The waiver was filed on behalf of her U.S. citizen mother and outlined how she would suffer an extreme hardship if her daughter was forced to return to Cuba and/or had no status in the U.S.

Finally, M. was given another opportunity to create herself in a free country, with the rights and freedoms she deserved after residing in the U.S. for 10 years. M.A. is currently a student at Barry University, majoring in marine biology, and is working as an airplane mechanic. She recently reunited with her family in Cuba after a decade of separation. Finally, her life and her dreams are on track, and she could not have done it without her status as a Legal Permanent Resident.M. visiting her birth place: La Vibora in Havana, Cuba


Disclaimers...

- All stories contained in this blog are property and the original content of author Sivan J. Fraser.
- All stories, characters, and events detailed in this blog are true and occurred here in the United States, unless otherwise specified.
- All legal expertise outlined in this blog, including that of Angel L. Arias, Esq., is only applicable to the individual(s) being described and should be taken at face value. Legal opinion and expertise from this blog should not be considered a guideline or an ultimate solution for anyone dealing with immigration in the United States. It is recommended that you consult an attorney licensed by The Florida Bar or the Bar of your state.
o Visit The Florida Bar’s Website or call at (850) 561-5600.
- Please keep in mind that this blog was created with the intention of exposing the true stories of immigrants in the United States and that every situation and immigration process is different. It was not created to constitute legal advice. Feel free to use the stories as a reference for your own or others' issues, but not the ultimate solution for a problem. Once again, it is recommended that you consult an attorney licensed by the Florida Bar or the Bar of your state.