Can I get a covid-19 stimulus check if I'm undocumented?

By Jessica Suotmaa 0

On April 15, 2020, California Governor Newsom announced that undocumented adult immigrants will receive a $500 stimulus cash payment from the State. As previously discussed, many undocumented immigrants do not qualify for the federal CARES ACT stimulus check.  Undocumented immigrants also do not qualify for unemployment insurance benefits.  As a result, California will distribute $500 dollar stimulus checks, up to $1000 per household, to undocumented Californian immigrants.  This money will come from the state’s 75 million dollar disaster fund and supplemented by a 50 million dollar donation by philanthropists for a total of 125 million dollars.

The announcement states that the fund will begin accepting applications in May 2020, and approximately 150,000 undocumented immigrants will receive the cash payment.

It was not clear to us exactly how these 500 dollar cash payments will be distributed, but with some digging, we found a list of “relief funds” for undocumented immigrants. The list is in English, Spanish, and Chinese.  According to the list, there are national relief funds and local relief funds available to undocumented immigrants who meet the listed requirements. We are not sure at this time if these funds are one of the avenues for the California relief payments, but they may be worth checking out regardless.

If you have questions about California’s guidelines and regulations on shelter-in-place, essential work, staying safe, etc., you can refer to California’s Immigrant Guide.  The guide includes information on the public charge determination, which has been translated into several languages, including Chinese, Korean, and Tagalog.

Some key notes we identified from the California immigration guide include:

If you need COVID-19 testing but don’t have private health insurance…

“Even if you are undocumented and/or don’t have insurance, you can get necessary testing and treatment for COVID-19 through Medi-Cal emergency services, even at a local clinic.”

If you have Medi-Cal, but aren’t sure what’s covered…

“Emergency services are free for enrolled Medi-Cal beneficiaries which includes COVID-19 testing, evaluation and treatment services.”

If you don’t qualify for unemployment insurance benefits because you’re undocumented but you tested positive for COVID-19, are caring for a family member who is sick, and so forth…

“Undocumented immigrants may be eligible for State Disability Insurance (SDI) and Paid Family Leave.”

If you cannot afford to pay rent due to the COVID-19 pandemic…

“Under the Executive Order, you are still required to eventually make up rental payments you miss, but you will not be evicted for nonpayment of rent until at least June.

In order to qualify for the eviction protections, you must notify your landlord in writing within 7 days of your nonpayment that you cannot pay all or part of your rent due to COVID-19. For example, if your rent is due April 1st, then by April 8th.”

How has COVID-19 affected U.S. immigration? Are you a small business owner with questions on how to manage it during the pandemic? Do you have other questions regarding COVID-19 and how we can assist you? Contact us today. We’re here to help.

Immigration and the Internet

By Lum Law Group 0

Immigration and the Internet

We live in interesting times. Our current government appears to be stressing preventing people from abusing our immigration system over helping people to legitimately immigrate, or even visit. As such, people planning on coming to the United States, and visitors and green card holders here in the United States must be aware of their presence on the Internet.

In the latest news, several news outlets are reporting that Immigration and Customs Enforcement of the Department of Homeland Security has purchased marketing information in order to locate phone numbers and individuals whom it suspects are out of status. Here are a few of those reports:

https://www.wsj.com/articles/federal-agencies-use-cellphone-location-data-for-immigration-enforcement-11581078600

https://www.vox.com/recode/2020/2/7/21127911/ice-border-cellphone-data-tracking-department-homeland-security-immigration

Of course, those individuals here should follow U.S. laws regarding immigrant and visitor status. Here at Lum Law Group, with our over 50 years experience, we are doing our best to help individuals and companies here and abroad navigate these waters in these turbulent times to insure they are compliant with the current laws, and to understand their alternatives based on each individual’s circumstances, whether that arises in a family or business setting.

What's the difference between a refugee and an asylee?

By Jessica Suotmaa 0

In popular media the terms ‘refugee’ and ‘asylee’ are often used interchangeably. It’s difficult to tell the difference between seeking refuge and seeking asylum. After all, don’t they mean the same thing?

When it comes to the specific ways the terms apply in immigration, the answer is no.

In this article, we will explain the difference between a refugee, asylee, and asylum seeker.

What’s a Refugee?

Generally, a refugee is someone who has been forced out of their home country. The refugee is seeking refuge outside of their home country because they can no longer remain or return there.

However, in order to receive “refugee status” in the U.S., a refuge seeker must meet certain standards. These standards are dictated by Section 101(a)(42) of the Immigration and Nationality Act (INA), and are similar to the international Refugee Status Determination process (RSD).

Here’s what USCIS would require of a potential refuge seeker:

  • Refuge seeker must be outside of the U.S. at the time of application
  • Refuge seeker must’ve been persecuted due to the one of the following:
    • race
    • religion
    • nationality
    • membership in a particular social group
    • political opinion
  • Refuge seeker cannot be settled in another country
  • Refuge seeker must be inadmissible in the U.S. by other means

To apply for refugee status in the U.S., a refuge seeker must be referred to the U.S. Refugee Admissions Program (USRAP) for refugee status determination.

What “rights” do Refugees have?

Once refugees are granted “refugee status”, they have certain internationally recognized “rights”. Such rights include:

  • Right to their original property (in their country of origin, should they return)

Note: Voluntary return to a refugee’s country of origin to claim property can result in a loss of their third country residence allowance. So if you’ve been granted stay in a country where you didn’t apply for asylum, you can lose that right to stay when you leave to return to your country of origin.

  • Right not to be deported to their country of origin

Note: Although a refugee cannot be deported to their country of origin (where they were persecuted), they can be relocated to a different country.

  • Right to travel (but not to their country of origin)

Note: Refugees are encouraged to remain in the first country they arrive at instead of shopping for better refugee benefits, or risk losing their refugee status.

Who is NOT a Refugee?

The USCIS website specifies that a person who leaves his home country for a “better life” is not a refugee but an “economic immigrant”.

Also, those who are already in the U.S. seeking refuge for humanitarian reasons such as persecution by race, religion, nationality, membership in a particular social group or political opinion must apply through the asylum program.

Who is an Asylum Applicant?

Where a refugee is not granted permission to enter a country until they are approved through the refugee program, an asylum applicant is a person who applies for asylum status while in the country. Therefore, a migrant who feels persecuted can enter American soil or reach the U.S. border and request asylum. But, the key difference is that a refugee has been granted asylum before they entered the U.S. and an asylum seeker is claiming they are a refugee but is still waiting for the results of his or her application.

In most countries, asylum applicants do not have the same rights as refugees. They are not granted work permits, benefits, or the freedom to move freely within the country.  Asylum applicants must prove their case before they can become “asylees”.

Who is an Asylee?

An asylee is an asylum applicant who has been granted refugee status or “asylum”.

 

Do you have questions regarding your asylum qualifications or application? Contact our experienced asylum attorneys about the best way to present your application or most credible deportation defense case strategy!

Can an Immigrant purchase a home?

By Lisa 0

Home ownership is an integral part of the American Dream, which we are encouraged to work hard towards.  Home ownership is a great source of pride in the U.S., and a huge source of gratitude for immigrants.  Striving towards home ownership can be considered a way of life for Americans born and raised in the United States.

Immigrants Can Buy A Home In The US

Image Credit

There is good news for immigrants that want to own a home, too. It has long been said that America is the land of opportunity. Any realtor can tell you from experience that you do not have to be a U.S. citizen to buy a home in the States. With some hard work and with the right resources, the opportunity of home ownership awaits everyone. Immigrants can obtain homes in the US just like anyone else. There are millions of undocumented immigrants who already own homes in the United States. One obvious way to purchase a home as an immigrant would be to buy the house all in cash, without taking out a mortgage. Then, with the equity of their first home purchase, one can work up to a bigger, better home in the future.

If one does not have the cash to buy a home outright, there are mortgage programs that are set up to help an undocumented immigrant qualify for a home mortgage. Immigrants who do not qualify for social security numbers must apply for an Individual Tax Payer Identification Number (ITIN) through the Internal Revenue Service (IRS).  Some financial institutions can offer a mortgage to ITIN holders.

Green Card Holders Can Buy A Home In The US

Image Credit

A green card holder is a legal permanent resident (LPR) of the United States, so they can purchase a home just like a U.S. citizen. They can apply for a traditional mortgage through a bank or credit union. Of course, they will be required to meet the down payment requirements and of all of the documentation that would be expected from all applicants. Like all mortgage applicants, everyone is required to qualify financially and must present proof of income, proof of residency, etc. to qualify.

Due to the time it takes to obtain a mortgage, it is strongly suggested to begin the process of applying for a mortgage before beginning to look for a home. Residential real estate is a fast-moving industry and many home sellers and realtors prefer to work with pre-qualified buyers only. Fortunately, immigrants can buy homes in the US just like anyone else.

If you, or someone you know, is interested in purchasing a home in the U.S. and have questions, feel free to contact Curtis Lum Team for real estate. 

If you have additional questions regarding what immigrants can and cannot do in the United States, do contact our office.

Choose someone professional

By Justin Lum 3

IMMIGRATION – ASYLUM APPEAL
Recently I appeared before the Ninth Circuit for oral argument on a immigration appeal where my client was originally granted asylum, but the case was reopened on a motion by the government and subsequently the trial court found he had filed a frivolous asylum application but still granted him withholding of removal. After appeals by both my client and the government, the Board of Immigration Appeals affirmed the frivolous asylum filing but overturned the withholding of removal grant, which led us to the Ninth Circuit. Right now it is uncertain how the Ninth Circuit will rule. But the main lessons from this case? Use a competent immigration attorney to prepare your immigration documents and know what is in your document before you sign it.

In the situation above, the problem was that when my client first decided to apply for asylum, he didn’t know anyone, so he was referred to a “service” that helped prepare asylum applications. My client provided a statement, but the company decided to alter it and then told him he had to abide by the altered statement or else. My client, a new immigrant, was terrified and didn’t know to whom to turn, and thus, from fear, did what he was told to do.

In the end, the principals of that “service” went to jail for a some years, and my client…faces a lifetime ban on living in the United States with his U.S. citizen wife and U.S. born child. All this because he relied on a “service” that skirted the laws and didn’t really care about the effects on those it was supposedly there to help.

And that is why for any immigration issues you need to use a competent immigration attorney. The attorney has his own license and reputation to worry about. Because of that he is going to honest and open with you and do what is necessary for your case, without putting you in a position where they can lose everything, as happened in this.

In the end the victim of persecution has become a victim of those who are supposed to be helping him, possibly preventing him from even finding any legal alternative to obtaining lawful status in the United States.

在第九巡回法庭展开一场关于移民诉讼的辩论，我的一名客户原本获得了庇护，但政府和预审法庭后来发现他填写的庇护申请过于草率时请求重新审理案件，但依然给予了暂缓递解。后来客户和政府进行了多轮申诉。移民委员会上诉证实了草率庇护，取消了暂缓递解。因此我们只能寻求第九巡回法庭。现在不确定第九巡回法庭会如何判定。但我们可以从这个案件中认识到，找一个有能力的移民律师来帮助准备你的移民文件，让你在签下这些文件前知道这些文件是干什么的。

在上面的情况中，问题出在当客户决定申请庇护时，他不认识任何人可以估这件事，因此他找了一个可以帮助他准备庇护申请的服务机构。客户提供材料，但这家服务公司决定篡改材料，然后告诉他必须承受篡改文件的后果。我的客户是一名新移民，听到这些就吓坏了，也不知道可以向谁寻求帮助，别人叫他做什么他就做什么。

最后，这家服务机构的负责人坐牢去了，同时我的客户面临着在美国终身监禁，他和他的美国妻子已经生了孩子。所有这些都是因为他找到的这家服务机构在跟法律打擦边球，而且不真的关心那些可能会产生什么后果。

这就是为什么任何移民都应该找一个有能力的移民律师。并且应该关心律师是否有自己的执照和声誉。因这样的律师才会诚实做事，全力帮助你做你关心的事，不会将你置于他们可能会失败的情况中。

最后这名受迫害的人已经成了他曾寻求帮助的人的受害者，可能阻碍他在美国寻求法律途径获得合法身份。