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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.

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:

• I-485 and application fee. Click here to fill out.
• Biographic Information. Click here to fill out.
• Fingerprint chart. Click here for more info about fingerprints.
• 2 passport photos
• Medical report. Click here to fill out.
  
• Health and Human Services Statistical Data Sheet. Click here to fill out.
  
• Clearance from local police department in area where you have lived more than 6 months
  

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.

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.

Real Eyes Realize Real Lies...

“This is America. Learn English or don’t live here.”

How often do we hear those hateful words spewed towards immigrants in our country? Too often. And the funny thing is that, usually, the people using this sort of language know nothing about immigration to the United States nor the immigrants they are addressing.

Immigration to the United States is a topic that everyone has an opinion about, but there are very few people who can speak about it with authority. There are many stereotypes associated with immigration, but this blog will attempt to dispel stereotypes, break ideologies, and expose the true stories of the immigrant community in South Florida.

For centuries, America has been referred to as the “Land of Opportunity”, and through the eyes and the real stories of immigrants, perhaps you will be able to understand why.