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ACCEPT
New U.S. Government Policy Affecting Family-Based Petitions:
In January of this year the U.S. Department of State revised its “public charge” policy in the Foreign Affairs Manual (FAM) also known as “State Department Instructions” on “public charge.” The United States Citizenship and Immigration Services (USCIS) is also proposing changes to the federal government’s longstanding public charge policy.
Under the previous rules, intending immigrants had to prove that they would not become a “public charge” in the U.S. and they would be financially supported by a sponsor if needed. In order to prove this, the intending immigrant needed to submit a sworn statement from the sponsor or co-sponsor who earned enough income to prove that he or she could support the intending immigrant if necessary.
Under the new rules that were implemented at the end of January, the officer at the embassy can now consider a wide range of factors such as a family member’s or sponsor’s use of public benefits. Therefore, if you or your family member are receiving benefits from the Supplemental Assistance Program, commonly known as SNAP or food stamps it does not mean that you are banned from sponsoring your relatives. However, these factors will be considered along with several other items, which include the intending immigrant’s age, health, and employment history.
Catholic Migration Services would like to take this opportunity to reiterate this does not mean that you should stop receiving any benefits that you currently need for your family.
It is still too early to know how this policy change is being applied in the different consulates abroad. As a result, we will continue to do our best to keep the community informed on policy changes as we have done in the past. If you have any questions about your particular circumstance please call our office.
How to Contact Us:
If you have any questions or concerns, please call Catholic Migration Services in Brooklyn at (718) 236-3000 or in Queens at (347) 472-3500 between 9:00 a.m. to 5:00 p.m. from Monday through Friday. For additional information, visit our website and follow us on social media via Facebook, Twitter, and Instagram @CMSBQ.
In celebration of Immigrant Heritage Week, Catholic Migration Services has teamed up with New York Lawyers for the Public Interest and several law firms for a naturalization workshop on Saturday, April 21st at the offices of Catholic Migration located at 191 Joralemon Street in Brooklyn, New York. Eligible green card holders interested in naturalizing are encouraged to call (212) 225-4400 or text (718) 866-3687 for more information and to register.
PS and FP contacted Catholic Migration Services in May 2015. They and their coworkers had been working 50 to 64 hours per week at a diner in the Bronx, earning between $1.75 and $2.00 per hour. After meeting with our attorneys, it was explained to them that they were owed a significant amount of wages nor could not be fired for filing a complaint or lawsuit to recover the money owed. Eleven additional workers with similar complaints about their pay later came forward. In July 2015, Catholic Migration Services and the firm, Cohen, Weiss & Simon filed a class action lawsuit on behalf of approximately eighty to one hundred workers, most of whom were Mexican Nationals, who had been employed by the diner over the past six years, and had suffered significant minimum wage and overtime violations, in federal court. The case was later settled for $900,000, including fees and costs.
For more on the case and to view the official complaint, click here.
In 2017, Catholic Migration Services filed a federal lawsuit on behalf of four employees, who stocked shelves and made deliveries for a chain of Manhattan pharmacies. Throughout their employment, the workers were not paid the applicable minimum wage and were never compensated with overtime pay, although they typically worked over sixty hours per week. In response to these labor violations, our attorneys sent a letter to the Employer advising him of these legal violations, the Employer made threats against the workers and sought to interfere with their current employment. After filing a case at the Southern District of New York, the case was settled for $92,500.00
For more on the case and to view the official complaint, click here.
For over six years, MR, an immigrant from El Salvador, worked at a hair salon in Flushing, Queens. MR worked on average 70 hours per week washing customers’ hair and cleaning the store. She was paid less than $6 per hour, well below the state minimum wage and never received overtime pay. MR was never permitted to take a lunch break and often ate standing up. While she was also required to apply harsh chemicals treatments on clients, which resulted in headaches, watery eyes, and chapped hands, the employer never provided her with protection. MR finally complained to her employer about the low pay, long hours, and unsafe working conditions. As a result, her employer fired her. When the employer found out that MR was hired at another salon, the employer contacted the new salon and said that MR was a bad employee and had reported her former employer to the government. The new employer then fired MR.
MR came to Catholic Migration Services for legal help in April 2015. Catholic Migration Services agreed to file a complaint on her behalf with the New York State Department of Labor (NYS DOL). An attorney at our organization provided advocacy to ensure that DOL’s investigation would encompass six years of wage-hour violations, rather than three years typically investigated, and that the agency would investigate her retaliation claim. MR’s former employer agreed to pay a total of $44,182.50 in owed wages and liquidated damages, and an additional $12,500 in damages for the retaliation.
*Ms. Diaz, a Colombian immigrant, lives in one of the few rent stabilized apartments left in Long Island City, New York. Long Island City is a neighborhood in Queens that has seen massive gentrification and rezoning in recent years, which has transformed the once industrial neighborhood to primarily high-rises designed for higher income tenants. Working class families have been aggressively targeted due to increased property values.
Ms. Diaz came to Catholic Migration Services in the Fall of 2016 after she was sued in a holdover proceeding in which her landlord alleged that she had not maintained her rent stabilized apartment as her primary residence. Our team successfully argued dismissal of the case due to errors in service of the court papers. Ms. Diaz’s landlord, unrelenting, sued her again making the same allegations. Again, we fought for Ms. Diaz and the landlord was forced to discontinue. In the final rendition of this case, Catholic Migration Services brought a motion to dismiss on several legal procedural grounds. After oral argument, the court dismissed the case, this time making it much more difficult for the landlord to succeed in the future. As a result, Ms. Diaz and her family may peacefully remain in their apartment for the foreseeable future.
*Although the account of this case is real, the name has been changed to protect the privacy of our client.
Presione aquí para la versión en Español Peze la pou tradui nan Kreyol Ayisyen
The recent Federal Register Notice on Temporary Protected Status (TPS) for Haiti contained an error affecting Haitian TPS holders who have pending applications with USCIS. Below please find those corrections reflected.
The Department of Homeland Security (DHS) announced the termination of the designation of Temporary Protected Status (TPS) for Haiti on November 23, 2017. TPS for Haitian recipients will expire on July 22, 2019. Please read the following for information pertaining to the re-registration process.
Catholic Migration Services urges anyone who receives TPS for Haiti to call our office and schedule an appointment for a free legal consultation.
What are the important deadlines?
If you are a current Haitian TPS holder with a pending TPS application as of January 18, 2018 you do NOT need to apply again. If TPS is approved from the pending application, TPS will be granted through the termination date of July 22, 2019 and you will receive an Employment Authorization Document (work permit) with an expiration date of July 22, 2019.
Current Haitian TPS holders who received an Employment Authorization Document with an expiration date of January 22, 2018, will receive an automatic extension of their work permit for 180 days (valid through July 21, 2018) however, you must re-register in order to continue receiving TPS through the termination date of July 22, 2019.
Re-registration for Haitian TPS runs from January 18, 2018 through March 19, 2018.
If you do not re-register during this time period, you will not be in lawful status and will effectively abandon your TPS.
Do I need to apply for a new Employment Authorization Document (work permit)?
The Department of Homeland Security has automatically extended the validity of work permits expiring on January 22, 2018 for 180 days, through July 21, 2018. If you wish to maintain status and have a valid work permit through July 22, 2019, you should apply for a new work permit.
For Haitian TPS holder with pending TPS applications, and a work permit that expires on July 22, 2017, your work authorization will similarly be automatically extended. However, you will need to provide the following documents to your employer:
An Employment Authorization Document with a July 22, 2017 date on its face;
An Employment Authorization Document application receipt from the previous Haitian TPS renewal period (filed on or after May 24, 2017);
A copy of the USCIS supplemental statement which was issued on January 18, 2018
Federal Register Notice dated January 18, 2018.
Do I need to pay any fees?
If you are 14 years or older, you must submit an $85 biometrics fee with your re-registration;
If you are unable to pay the biometrics fee, you may submit a request for a fee waiver;
You do not need to pay a filing fee for renewing your TPS if you are under 14 years old;
If you wish to receive a new work permit with a July 22, 2019 expiration date on the face of the card, you must pay the $410 Employment Authorization Document fee;
All forms and payments can be filed together.
To be screened for other possible forms of immigration relief or if you have any questions, please contact Catholic Migration Services at (718) 236-3000.
The Department of Homeland Security (DHS) has extended the Temporary Protected Status (TPS) designation for Honduras for 6 months, from January 6, 2018 to July 5, 2018. Please read the following for information pertaining to this extension.
Catholic Migration Services urges anyone who receives TPS for Honduras to call our office and schedule an appointment for a free legal consultation.
What are the important deadlines?
If you are a current Honduran TPS holder you must timely re-register to maintain TPS throughout the current extension period. Re-registration for Honduran TPS runs from December 15, 2017 through February 13, 2018.
If you do not re-register during this time period, you will not be in lawful status and will effectively abandon your TPS.
Do I need to apply for a new Employment Authorization Document (work permit)?
The Department of Homeland Security has automatically extended the validity of work permits expiring on January 5, 2018 for 180 days, through July 4, 2018.
If you want to obtain a new work permit with a July 5, 2018 expiration date written on the face of the card, you must also apply for an Employment Authorization Document with the USCIS and pay for the new document.
Do I need to pay any fees?
If you are 14 years or older, you must submit an $85 biometrics fee with your re-registration;
If you are unable to pay the biometrics fee, you may submit a request for a fee waiver;
You do not need to pay a filing fee for renewing your TPS if you are under 14 years old;
If you wish to receive a new work permit with a July 5, 2018 expiration date on the face of the card, you must pay the $410 Employment Authorization Document fee;
All forms and payments can be filed together.
To be screened for other possible forms of immigration relief or if you have any questions, please contact Catholic Migration Services at 718-236-3000.
The Department of Homeland Security (DHS) announced the termination of the designation of Temporary Protected Status (TPS) for El Salvador. TPS for Salvadoran recipients will expire on September 9, 2019. Please read the following for information pertaining to the re-registration process.
Catholic Migration Services urges anyone who receives TPS for El Salvador to call our office and schedule an appointment for a free legal consultation.
What are the important deadlines?
If you are a current Salvadoran TPS holder you must timely re-register to maintain TPS throughout the current extension period. Re-registration for Salvadoran TPS runs from January 18, 2018 through March 19, 2018.
If you do not re-register during this time period, you will not be in lawful status and will effectively abandon your TPS.
Do I need to apply for a new Employment Authorization Document (work permit)?
Current Salvadoran TPS holders who have an Employment Authorization Document with an expiration date of March 9, 2018 will receive an automatic extension of their work permit for 180 days (valid through September 5, 2018).
If you want to obtain a new work permit with a September 9, 2019 expiration date written on the face of the card, you must also apply for an Employment Authorization Document with the USCIS and pay for the new document.
Do I need to pay any fees?
If you are 14 years or older, you must submit an $85 biometrics fee with your re-registration;
If you are unable to pay the biometrics fee, you may submit a request for a fee waiver;
You do not need to pay a filing fee for renewing your TPS if you are under 14 years old;
If you wish to receive a new work permit with a September 9, 2019 expiration date on the face of the card, you must pay the $410 Employment Authorization Document fee;
All forms and payments can be filed together.
To be screened for other possible forms of immigration relief or if you have any questions, please contact Catholic Migration Services at 718-236-3000.
