Employee Rights

What are your rights as an employee regarding E-Verify?

It is important to understand your rights as an employee otherwise employers tend to take advantage of you. As you may or may not know, E-Verify is almost in full swing and it is going to make it increasingly difficult to work if you are illegal here in the United States. I am not voicing that this is right or wrong, but I believe that you need to "know your rights" when it comes to the workplace. Below is information regarding a seminar that you should take note of and be involved in if you wish to continue to work here in the United States as an immigrant. Employers know their rights, why shouldn't you? If you want to register, feel free to contact me at 317-371-8184 and I will be happy to register you.

FREE E-Verify Webinars on Employee Rights presented jointly by the U.S. Department of Homeland Security U.S. Citizenship and Immigration Services and the U.S. Department of Justice Civil Rights Division Office of Special Counsel for Immigration Related Unfair Employment Practices

Join this webinar to be informed and to know your rights. All U.S. employers are required by law to verify the identity and employment eligibility of everyone they hire. The webinar will cover what employees need to know about: Employment Eligibility Verification Form I-9 E-Verify Tentative Nonconfirmation (TNC) Further Action Notice Self Check, a Tool for Employees
		Employment Eligibility Verification Employee Rights Webinar Thursday, January 9 at 10:00am EST. Click here to register. Thursday, February 20 at 10:00am EST. Click here to register.

What does Obama Care mean for immigrants

What does Obama Care mean for immigrants?

You may have been pondering this question and may have even heard several different responses regarding the plan for many individuals in this country that have status and also those that do not have a legal status. I felt it was important to try and clarify the information as I understand it. All my information was obtained from, National Immigration Law Center My disclaimer: I am not an expert in this matter but a person that wishes to help others understand, through my research, how certain legislation will affect those that are in the immigration realm. This should in no way replace information you can obtain directly from the Obama Care website Obama-Care or a qualified Attorney.

NATURALIZED CITIZENS

Same access and requirements for affordable coverage as U.S.–born citizens.

LAWFULLY PRESENT IMMIGRANTS

Limited federal coverage.

• Subject to the individual mandate and related tax penalty (exempt if low-income or meet specific exemptions).
• May enroll in a “qualified health plan (QHP)” from the state insurance exchanges.
• Eligible for premium tax credits and lower copayments.
• No waiting periods for enrolling in state insurance exchanges or premium tax credits.
• Eligible for the Pre-Existing Condition Insurance Plan (PCIP) and the Basic Health Plan (when available in a state).
• Current federal immigrant eligibility restrictions in Medicaid maintained, including the five-year-or-more waiting period for most lawfully residing, low-income immigrant adults.
• Since April 2009, states can choose to provide Medicaid and Children’s Health Insurance Program (CHIP) benefits to lawfully residing children and pregnant women without a waiting period. But in states that do not elect this option, these children and pregnant women must still wait five years or more before they can get affordable health care coverage.
• Citizens of Compact Free Association states who reside in the U.S. remain ineligible for federal Medicaid.
• EXCEPTION: As of August 2012, Deferred Action for Childhood Arrivals (DACA) grantees are ineligible for Medicaid, CHIP, and ACA benefits.

UNDOCUMENTED IMMIGRANTS

No federal coverage.

• Not allowed to purchase private health insurance at full cost in state insurance exchange(s).
• Not eligible for premium tax credits or lower copayments.
• Exempt from individual mandate.
• Not eligible for Medicare, nonemergency Medicaid, or CHIP.
• Remain eligible for emergency care under federal law.
• Eligible for Emergency Medicaid if low-income. 
• Citizen or lawfully present children of undocumented parents are eligible:
• To purchase from the state insurance exchange.
• For premium tax credits and lower copayments.
• For Medicaid or CHIP.
• May seek nonemergency health services at community health centers or safety-net hospitals.

VERIFICATION REQUIREMENTS

• Only those in a family who are applying for benefits are required to provide a Social Security number (SSN) and their immigration/citizenship status.
• Citizenship or lawful presence must be verified for everyone enrolling in:
• Private health insurance in the state exchanges.
• Health insurance premium tax credits.
• Medicaid and CHIP.
• Status will be electronically verified through:
• Social Security Administration (SSA) for citizens.
• U.S. Citizenship and Immigration Services (USCIS) for non–U.S. citizens via the Systematic Alien Verification for Entitlements (SAVE) database.
• If unable to verify status electronically, enrollees have an opportunity to provide other documents or to fix the records.
• Social Security number of a non-applicant may be requested to electronically verify household income.  If unavailable, other proof of income can be provided.
• Information about immigration status may be used only to determine an individual’s eligibility.

Information is knowledge and knowledge is power. Keeping yourself informed especially about sensitive issues that can effect your livelihood here in the United States is very important. If you don't understand something don't assume that it doesn't matter. You may be here in the United States and feel lost but remember there are many around you fighting for you and what you deserve as a human.

If you want to discuss your immigration case with a qualified legal document preparer with 8 years experience, feel free to contact me directly at 317-371-8184. Blessings to you and your family. More blogging to come!!!!

Entrusting someone with your case requires a lot of faith especially when you give a large retainer. It is important to remember that anytime something is filed with Immigration, a receipt notice is issued. If you don't receive a receipt notice, you can almost guarantee under most circumstances that your case has not been filed or the immigration services have misplaced  your file. There are several things to consider when hiring an Attorney, legal document preparer or freelance paralegal. The best way to ensure that your case has been properly filed with the USCIS is to give a personal check for the filing fee. If you write a personal check and you don't receive a filing fee, you can call your bank and request a copy of the back of the check (if cashed) and the USCIS will imprint the receipt notice and you can track your case. If your check is not cashed then you also know that nothing has happened on your case and may just be sitting around, which will not only cost  you time but stress for your family while your loved one remains without legal status. Receipt notices are issued to demonstrate that your case has been properly filed with the USCIS. Within the receipt notice will be a receipt number. This number is used to track your case as it progresses through the USCIS. You can go to www.uscis.gov and register your receipt number and get automatic updates on your case as it progresses through the different stages to reach a final decision. If you do not have internet access  you can also call the USCIS customer service at 1-800-375-5283. It is always better to be informed.

Check out Paralegal Express today or call for an estimate 317-371-8184 for cost effective, courteous and professional legal document preparation.

I have been arrested what do I do now?

The most important consideration that should be made in any circumstance of an arrest is, how will this affect me in the future? What happens when you are arrested for driving without a license or your 2nd DUI? For a United States citizen this may mean prison, probation, fine, fees, etc. For an immigrant, this can mean so much more and how you respond is going to greatly affect your life here in the United States. As a legal document preparer I would suggest that anytime you are in any other status except a naturalized citizen, you should ALWAYS consult with a qualified Attorney. If you have a criminal issue and you are an immigrant you will need both a criminal Attorney as well as an Immigration Attorney. Be leery of those that are in general practice and dabble in many times of law as their focus isn't on anything specific. This Attorney may be very good in criminal law and might advise you to accept a sentence where you receive 365 days suspended, but this could adversely affect your immigration case. It is always good to remember that any arrest can possibly hinder or even result in your removal from the United States. Immigration specifies crimes that are characterized as "CIMT" or crimes involving moral turpitude as those that can render you deportable especially if they are aggravated. There are some states such as in Florida where the first DUI might be a misdemeanor and the 2nd might be listed as a felony with a mandatory sentence of 2 years and then the third will likely result in more of a sentence of classification. Now, because it is a crime involving a "motor vehicle" it MAY not be considered an aggravated felony (in the state of Florida) but the sentence imposed for such may be considered a deportable defense due to the combined sentences. Review http://www.nlada.org/DMS/Documents/1068321140.08/Flachart.pdf but only as a reference.

You can see how this this is very confusing and should be handled by a qualified Attorney because failure to do so may result in your removal from the United States. Please comment and let me know your thoughts. Thanks for reading

Identification?

One question that many may ask when presented with an interview at their local immigration office, do I need identification? This is important question to consider. Whenever you have an appointment with the immigration office, including adjustment of status interviews. naturalization or even an info pass appointment to discuss your case with an immigration officer, always be sure that you have some form of identification, even if that identification is expired. You can use your work authorization (if you  have obtained one), passport which has your picture (not a U.S. passport, unless you are a United States Citizen), driver license, student I.D., etc. A document that has your picture and identifying information will suffice at most immigration offices, if you are unsure, make sure you contact that office prior to attending your interview, failure to do so may result in your interview being rescheduled. Remember, even if it is expired, it is still better than not taking it at all. So, to prevent delays in the processing of your case, as I know you want to do, always take your I.D. wherever you go, then you won't forget it for this very important occasion.

What do I do now?

Immigration can be a very stressful life situation, especially when you are trying to do it on your own. Immigration is very complicated and should not be attempted without the knowledge of a qualified Immigration Attorney. Legal document preparers can do your forms for much less than an Attorney. As a legal document preparer, this is not legal advice but merely information about what should happen after you pay an Attorney.  So, you walk into an Attorney's office and pay the retainer fee and after you walk out you don't hear anything for a month. You become worried and at this point you start calling the Attorney but to no avail. What do I do now? What should happen after you pay an Attorney? One of the first things that should happen after you pay the retainer, you shoukd be sent immigration forms to sign. After you sign the immigration forms, you should receive a copy of your case which should also include a shipping slip. The shipping slip allows you to track your case as it goes from the Attorney to the service center. After USCIS (United States Citizenship and Immigration Service) has received your case, you should receive a receipt notice. It will come on form I-797 and a receipt number will be provided at the top of the notice. This is notice that your case has been received and is processing. It is VERY important that you retain a copy of your receipt notice so that you can also reference it whenever you need it. The USCIS offers a status tracker for your case from their website, www.uscis.gov or you can call 1-800-375-5283 and this will be your reference to your case as it progresses.. To make things easier, you can then go to www.uscis.gov and register to receive automatic case updates.. This will save you both time, effort and worry. From the USCIS home page, look about the middle of the page and you will see  "check my case status." you can then sign up for automatic email updates. It is always good to know that your case is progressing. Contact Paralegal Express for affordable form preparation. 

What do I wear

What do I wear?

One of the big questions that many ask when getting ready for an immigration appointment at one of the USCIS offices is, What do I wear? It doesn't matter what color you wear or even if you wear make up or not, what is important is that you dress modestly and don't allow others to judge you based upon what you wear. Everyone has an opinion, including USCIS officers. Why given them a reason to question you just because of what you wear to your interview or biometrics appointment? Make sure that you dress comfortably because you may be there for awhile depending how many people are ahead of you and how backlogged they are the day you go in. No pressure, breathe, get your best pair of slacks, dress or even capris and walk boldly into the immigration office with your head held high. You know who you are, you didn't need me to tell you that. Think about it, don't worry about it.