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Immigration Update Pertaining to Recent Changes in Federal Immigration Policy Regarding the “Public Charge” Rule

Presione aquí para la versión en Español
Peze la pou tradui nan Kreyol Ayisyen

Last month Catholic Migration Services notified the community of a potential change to the “Public Charge” rule that would have impacted who can enter the U.S. and who would have been eligible for a green card.

Catholic Migration Services would like to inform the immigrant community, that in a huge victory for our immigrant communities, on October 11, 2019 a U.S. District Court Judge in New York issued a nationwide injunction against the Trump administration’s “Public Charge” rule. This means that the new “Public Charge” rule, which was to go into effect on October 15, 2019, is now blocked from going forward. Additionally, this means that for now individuals applying for green cards and filing family based petitions are not currently affected by the new rule. It is almost certain that the legal fight will continue, but, for now, the rules applying to the “Public Charge” determination within the United States have not changed.

Catholic Migration Services will continue to update information in the near future to reflect any further changes. All are encouraged to visit our website for future updates, training sessions and workshops.

For Free Help
All immigrants who may apply for an immigration benefit in the future should seek advice about whether receipt of public benefits may impact their ability to apply for that future benefit. For free assistance, call the New Americans Hotline at 1 (800) 566-7636 between 9:00 a.m. and 5:00 p.m., Monday to Friday.

If you have any questions or concerns, please call Catholic Migration Services Monday through Friday between 9:00 a.m. and 5:00 p.m. at (718) 236-3000 or (347) 472-3500.

Download this immigration update as a PDF.

Congratulations to the 2019 Shining Stars!

On Friday, October 4th and October 11th, Catholic Migration Services hosted the 15th Anniversary of the Annual Shining Star Award Dinners. Located at Gargulio’s Restaurant in Coney Island, Brooklyn, approximately 1000 attendees gathered to celebrate honorees who, through their efforts in their communities embody the mission of “welcoming the stranger among us”.

This year 26 leaders representing 23 ethnic ministries received Shining Star Awards. Honorees were selected by their peers in their respective ethnic ministries and were treated to an evening of festivities which included the award ceremony, dinner, and dancing. In addition to the Shining Stars, the 2019 Founder’s Award was presented to members of Coro San Miguel (St. Michael Choir) from St. Finbar in Brooklyn. Choir members were acknowledged for their commitment and contribution to the Guatemalan community. The 2019 program included Rev. Jorge Ortiz-Garay, Coordinator of Ministry to Mexican Catholics and Pastor of St. Brigid and Rev. Jason Espinal, Associate Vicar for Migration and Ethnic Apostolates and the Parochial Vicar of Our Lady of Angels in Brooklyn who offered the Invocation. During his Opening Address, the Very Rev. Patrick J. Keating, Esq., CEO of Catholic Migration Services marked the importance of the role of the immigrants in the life of the community and Church.

Following the presentation of awards, Fr. Keating welcomed the Most Rev. Witold Mroziewski, Vicar for Migrants and Ethnic Apostolates, Pastor of Holy Cross Church in Maspeth, and the former Coordinator of the Polish Apostolate who later introduced the Most Rev. Nicholas DiMarzio, Bishop of Brooklyn for the Keynote Address. In his address, Bishop DiMarzio spoke about the diversity of the Diocese of Brooklyn, fondly known as the Diocese of Immigrants. He congratulated the honorees, their work and commitment to their parish communities, the Church, the City, and the Nation.

In addition to honoring the Shining Stars, each evening support the legal and pastoral services of Catholic Migration Services, and the crucial role it plays assisting underserved immigrant communities. 

2019 Shining Star Award Honorees
Mrs. Joices Lucia Momongan-Triestanto – 2019 Indonesian Shining Star
Mrs. Norika E. M. Krupka Janik – 2019 Czech/Slovak Shining Star
Mr. & Mrs. Albert & Elaine Agyemang Tontoh – 2019 Ghanaian Shining Star
Mr. Gerardo Lozano – 2019 Colombian Shining Star
Mr. Enrique Lugo – 2019 Dominican Shining Star
Dr. Augustine Umeozor – 2019 Nigerian Shining Star
Ms. Josefina Arriaga – 2019 Mexican Shining Star
Deacon Joseph Bichotte – 2019 Haitian Shining Star
Ms. Catherine Abdullah – 2019 West Indian Shining Star
Mr. Young Jin Kim – 2019 Korean Shining Star
Dr. Krzysztof Gospodarzec – 2019 Polish Shining Star
Ms. Concetta Ciulla – 2019 Italian Shining Star
Ms. Elma Souza dos Reis – 2019 Brazilian Shining Star
Mrs. Li Ming Fong – 2019 Chinese Queens Shining Star
Mr. & Mrs. John & Marica Lesica – 2019 Croatian Shining Star
Mr. & Mrs. Mark Veluz & Lizbeth R. Bucad-Veluz – 2019 Filipino Shining Star
Mrs. Reji Antony Babu – 2019 Indian Latin Rite Shining Star
Mr. Noami Dilawar – 2019 Pakistani Shining Star
Mr. Pavlo Khrushch – 2019 Ukranian Shining Star
Mrs. Rosa Kan – 2019 Chinese (Cantonese) Brooklyn Shining Star
Ms. Anele Jaseviciene – 2019 Lithuanian Shining Star
Mr. Michael Benn – 2019 Irish Shining Star
Deacon Victorino P. Elijio – 2019 Garifuna Shining Star

2019 Founder’s Award
Coro San Miguel

Media Coverage:
Read the full story in The Tablet: Couple Praises God With Music
See Current’s NET TV’s news segment: 2019 Shining Stars: Ghanaian Catholics Lead Hymns of Praise

View the 2019 event photos for Dinner 1 on October 4th, here.
View the 2019 event photos for Dinner 2 on October 11th, here.

KNOW YOUR RIGHTS: Changes to the “Public Charge” Test Will Impact Who Can Enter the U.S. and Who Will be Eligible for a Green Card

Presione aquí para la versión en Español
Peze la pou tradui nan Kreyol Ayisyen

For some immigrants, U.S. Citizenship and Immigration Services (“USCIS”) will consider whether an immigrant is likely to become a “public charge” when it reviews the immigrant’s request for a visa or green card. A “public charge” is someone who may rely on public benefits for a significant period of time. If USCIS determines an immigrant is likely to become a public charge, it may deny an immigrant’s entry into the United States or their green card application.

The Trump administration recently issued new rules that redefine the term “public charge” in a way that will result in many more people being denied entry or a green card. The new rules will go into effect October 15, 2019 unless legal challenges stop or delay them. It is important for immigrants to understand whether they might be impacted by these new rules.

Catholic Migration Services would like to inform the immigrant community that the new public charge rules does not mean everyone should stop receiving any public benefits that they need for their family. Therefore, before withdrawing from any public benefits you are currently receiving, we encourage you to speak with a trusted immigration attorney.

The New Rule – Who it Applies To:

  • You and your family are green card holders The new public charge rules do not affect you unless you leave the country for more than 6 months.
  • You are in the U.S. and plan to apply for a green card or visa The new public charge rules may affect you.  You should speak with an immigration lawyer to learn more about the possible impact.
  • You or your family plans to apply for a green card or visa from outside the U.S. The new public charge rules may affect you.  You should speak with an immigration lawyer to learn more about the possible impact.
  • You are already a U.S. citizen, DACA recipient, U or T Visa holder, TPS holder, or have SIJS status, or have status as an asylee or refugee, or are applying for any of these statuses  The new rules do not affect you.  Benefits you receive while in this status will not be counted against you in the future if you apply for a green card.

If the new rules affect you, USCIS may count it against you if you use any of the following benefits for a lengthy period: Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), state general relief or general assistance, Medicaid institutionalization for long-term care, non-emergency Medicaid, Supplemental Nutrition and Assistance Program (SNAP, formerly food stamps), Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and public housing.

The government will not consider receipt of the following types of benefits when determining public charge: emergency medical assistance, disaster relief, national school lunch or school breakfast programs, foster care or adoption, Head Start, Child Health Insurance Program (CHIP), WIC, the Earned Income Tax Credit, or the Child Tax Credit.

For Free Help
All immigrants who may apply for an immigration benefit in the future should seek advice about whether receipt of public benefits may impact their ability to apply for that future benefit.  For free assistance, call the New Americans Hotline at 1-800-566-7636 between 9:00 a.m. and 5:00 p.m., Monday to Friday.

Download this advisory as a PDF.

Naturalization Workshop Helps New Yorkers Get Closer to Citizenship

Last month Catholic Migration Services partnered with the New Americans Program at the Queens Public Library (QPL) for a free naturalization workshop in Corona. The workshop was open to eligible legal permanent residents interested in applying for citizenship. Pro bono attorneys, paralegals, and volunteers assisted 23 New Yorkers at the Corona Branch. 

To be eligible for future naturalization workshops, legal permanent residents are required to bring the following documents:

  • Green card and all passports
  • Copy of most recent IRS tax return
  • Marriage certificate or divorce papers (if applicable)
  • Certified court dispositions and MTA dispositions (if applicable)

In addition, if legal permanent residents are eligible for a full or partial fee waiver, individuals will need to provide proof of the benefit that you or an immediate family member (spouse or child) are currently receiving. The appropriate evidence must be in the form of a letter, notice, or other official document. If such eligibility applies, legal permanent residents are required to bring the following documents:

  • SNAP (Food Stamp) Award Letter
  • SSI Award Letter
  • Medicaid Award Letter

The July quarterly naturalization workshop with the Queens Public Library is in collaboration with The New Americans Campaign and Citizenship Works.

Catholic Migration Services Secures Release from ICE of Wrongfully Detained Migrant Fleeing Persecution 

The Removal Defense Project (RDP) recently secured the release of a Central American client who was wrongfully detained in an immigration detention center during a routine check-in with Immigration and Customs Enforcement (ICE). Upon entering the country, ICE made a clear custody determination to release Javier from their custody while placing him under an Order of Supervision. The Order of Supervision required him and his family to routinely check-in with an ICE Deportation Officer. Despite attending his first ICE check-in and fully complying with his order of supervision, on the day of his second check-in ICE arrested and detained Javier without warning or explanation. 

After spending a month in a county jail which ICE uses to detain immigrants, Javier received a bond hearing to request his release from detention before an immigration judge. At the hearing, ICE produced an official document which falsely stated that Javier did not attend his first check-in and that ICE was revoking his order of supervision and detaining him for his failure to attend that check-in. Javier’s Catholic Migration Services’ attorneys objected to ICE’s introduction of that document and provided the Immigration Court with Javier’s testimony and a different ICE document, which both contradicted the document filed by ICE. As a result, the immigration judge found that ICE’s evidence was unreliable and that Javier presented no flight risk. The immigration judge set the minimum bond amount, $1500.00, which was paid by The New York Immigrant Freedom Fund, a non-profit that pays bonds to free low-income New Yorkers from ICE detention.

Javier had sought help from Catholic Migration Services after suffering persecution and fleeing years of violence at the hands of a transnational criminal organization in his Central American country. When he was a child, Javier’s parents moved to the United States, leaving him in his country in the care of his uncle, who was his caretaker and father figure. Around the age of 13, he witnessed members of a transnational criminal organization murder his uncle during a public soccer game. His uncle’s  killers attempted to murder Javier too, cutting him with a machete and shooting at him as he fled. Fearing for his life and without his uncle’s protection, Javier went into hiding in another part of his country. Over the following years, the transnational criminal organization responsible for murdering his uncle and attempting to murder him tracked him down and threatened his life. The final incident occurred in 2018 when men dressed as police officers came to his home where he lived with his partner and their child. The men threatened to burn Javier and his family inside their home if they didn’t leave. Javier believes that these men were members of the same transnational criminal organization collaborating with corrupt police officers. Upon receiving this threat to their lives, Javier and his family fled from their country seeking asylum in the United States. 

While Javier was in detention, his son Kevin* turned five years old. Kevin told his mother that he would not celebrate his birthday without his father, because he wanted the whole family to be there. The week he was released, Javier and his family celebrated Kevin’s birthday.

Javier will continue to pursue his claim for asylum outside of the detention system with Catholic Migration Services as his representatives.

*Although the stories are real, the names have been changed to protect the privacy of our client.

Catholic Migration Services Awarded Combined Grant of $10,320 from The New York Bar Foundation

Foundation Board member Martin Minkowitz, right, presents a grant to V. Rev. Patrick Keating, Esq., CEO of Catholic Migration Services. Photo: Nancy Pardo

Brooklyn, NY – Catholic Migration Services recently received two grants totaling $10,320 from The New York Bar Foundation to facilitate the delivery of direct legal services to eligible tenants and low-wage workers in New York City.  The Catholic Migration Services’ SCRIE/DRIE Legal Services Initiative Program was awarded $5,000 and the Catholic Migration Services’ Immigrant Workers’ Rights Program was awarded $5,320.

The SCRIE/DRIE (Senior Citizen Rent Increase Exemption and Disability Rent Increase Exemption) Legal Services Initiative Program provided by Catholic Migration Services offers one-on-one consultations and representation to low-income seniors and disabled tenants who may be eligible to obtain exemptions from future rent increases. The Immigrant Workers’ Rights Program works to attain justice for workers who are often marginalized and exploited, and provides workers with the information needed to protect themselves from future employment-based abuse.

“We appreciate the generosity of the New York Bar Foundation as they continue to support Catholic Migration Services’ SCRIE/DRIE Legal Services Initiative Program and the Workers’ Rights Program,” said Very Reverend Patrick J. Keating, Esq., Chief Executive Officer of Catholic Migration Services. “The awarded grants will help us continue to serve low-income seniors and disabled tenants to avoid unaffordable rent increases, retain their rent-stabilized apartments, prevent homelessness, preserve affordable housing units, stabilize neighborhoods during times of intense gentrification, and also increase the provision of services to low-wage workers, primarily workers who experience wage theft.”

 “The New York Bar Foundation has allocated nearly $700,000 in grants to more than 85 programs across New York significantly increasing the total dollar amount of grants over the past several years,” said Lucia Whisenand, chair of the Grant Review Committee. “The issues we touch on are extensive and impact people in life changing ways.”

Since 1971 Catholic Migration Services has been providing high quality legal services and Know Your Rights education to low-income individuals in Brooklyn and Queens. Catholic Migration Services currently assists immigrants with immigration legal services, tenants in Queens with housing legal services, and low-wage workers with employment legal services. For more information about the SCRIE/DRIE Legal Services Initiative Program, the Immigrants Workers’ Rights Program, and other services, visit our website at www.catholicmigration.org.