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Cultural Orientation Guide (Hispanic) - continued (page 2)

A Guide to Doing Well in Bowling Green
Written by Marty Deputy, Director of the International Center

 

IMMIGRATION

Your most important concerns are about immigration laws. If you need immigration assistance, go to an accredited representative, a church with experience in immigration services, or an experienced immigration lawyer if you are in deportation. Charges by agencies with accredited practitioners or churches should be nominal--$20 to $50 per application. Lawyers should always handle deportation situations. Unless you can find a free (pro bono) lawyer through an agency, expect to pay $150 to $4,000 for a service from an attorney. Several lawyers in Louisville are experienced in immigration law. An accredited practitioner can refer you to a good lawyer whenever necessary. No one should submit papers or go to an appearance in Immigration Court without an attorney or an accredited practitioner from a recognized agency.

Regulations

There are thousands of United States Immigration and Naturalization Service (USINS) regulations. Here are only a few:

  1. Use absolutely no false documents. Do not use anyone else's Social Security Card, Employment Authorization Card, or Green Card. These may only be obtained by applying to the USINS. All others are illegal.
     
  2. Until you are a U.S. citizen, report all your address changes to USINS. Get the address change form from your Immigration practitioner or lawyer or from the USINS by mail or over the Internet. This is not the same as the U.S. Postal Service change of address form.
     
  3. Domestic violence is an especially serious crime. Domestic violence is the abuse or neglect of any family member. Deportation can follow the jail sentence for such a crime. Some crimes involving alcohol are serious. Almost all crimes involving drugs are serious, and most can lead to deportation. Having an illegal drug in the car can lead to prison and deportation. Selling drugs brings a long prison time plus deportation.
     
  4. All men age 18­25 must register for the U.S. Selective Service. Get these forms at the U.S. Post Office.
     
  5. Anyone convicted of an aggravated felony that carries a jail sentence of 365 days or more may be deported even though he/she has served the time in jail or was placed on probation. A person convicted and paroled may be deported. NEVER plead guilty to a crime (aggravated felony) that carries a punishment over 365 days. Crimes (felonies) in different states have different lengths of punishment.
     
  6. You have the right to an interpreter at court proceedings. You have the right not to answer questions without your lawyer there. (See the last section of this book, "Know Your Rights.")

Assistance

Get immigration assistance from an immigration professional from a recognized agency with accredited representatives. In Bowling Green, the International Center, St. Joseph's Catholic Church, and the Warren Association of Baptists give reliable assistance. They charge nothing or a nominal fee at most. Other groups or agencies cannot legally advise or charge for their services. You will be referred to an experienced and fair lawyer if one is needed.

Wages

We advise you never to work for under $5.15 per hour.

  • Non-farm work $5.15 per hour minimum
  • Work over 40 hours per week 1_ times your hourly wage
  • Farm work no minimum wage

What most farmers pay:

  • Top tobacco $7.00 per hour
  • Cut or house tobacco $.15-.17 per stick
  • Drive tractor $6.00 per hour
  • General farm work $6.00 per hour
  • Milk cows $5.50-$8.00 per hour

Everyone has the right to be paid for work performed. Find out from an immigration professional whether or not you may work legally. Laws change. Don't trust gossip. Be sure your immigration professional has your name, address, and phone number. Even those who entered the United States without inspection must be paid equal to those who work legally. The International Center or your church can help if an employer refuses to pay as promised.

Remember, if you are paid hourly and work over 40 hours in a week, your employer must pay 1&1/2 times the base pay for the overtime hours.

You can get proof of taxes or a tax refund even if you do not have a Social Security Number. Get your Taxpayer Identification Number (TIN) from whoever does your taxes. Jerry Kaelin with the U.S. Wage and Hour Division will work with you.

Tips

  1. Get immigration assistance from recognized agencies with accredited representatives. In Bowling Green, the International Center, Warren Association of Baptists, and St. Joseph's Catholic Church give reliable assistance. These agencies are the only ones, besides attornies, who can legally advise or charge for immigration services.
     
  2. The immigration assistance agencies mentioned above, including an attorney's office, are INS-free zones. These agencies offer immigration assistance as permitted by the U.S. Immigration and Naturalization Service but are not affiliated with the USINS. They will do everything within the law to assist you with your immigration problem. Everything you tell them is confidential. If you are in deportation procedures you will be referred to an experienced immigration lawyer. The International Center refers to David Funke in Crestwood.
     
  3. Develop self-sufficiency. Learn to use the Internet (at the International Center, public library, and other learning centers). Learn to speak, read, and write the English language. The U.S. Immigration Service webpage can be translated to Spanish on the computer and made available to you directly. The U.S. Immigration Service website address is www.ins.usdoj.gov.
     
  4. Never miss any appointment with the United States Immigration and Naturalization Service (USINS). Your petition will be denied!
     
  5. Allow 3 months for new Employment Authorization Documents to arrive. Apply in advance.
     
  6. Salvadorans who were in the United States on or before February 13, 2001, may sign up for Temporary Protected Status (TPS) until September 9, 2002. Spouses and children should apply too. TPS guarantees the right to work and allows families and children to stay in the country until TPS runs out. Nicaraguans and Hondurans should ask their practitioner about TPS. Their status depends on when they arrived in the United States.
     
  7. All men between ages 18 and 25 must register with Selective Service. Registration forms are at the U.S. Post Office and the International Center, or you may register on the Internet.
     
  8. After you have had your Green Card five years (two years if you have married a U.S. citizen) you are eligible to apply for U.S. citizenship.
     
  9. Entering the United States without inspection (EWI) is much more serious than entering with inspection (documentation) and overstaying. An EWI who marries a U.S. citizen after being in the United States over 6 months must wait 3 years outside the country to become a Legal Permanent Resident (LPR). If he/she has been in the country over a year he/she must wait outside the United States 10 years.
     
  10. Only U.S. Immigration and Naturalization Service has the right to issue a Green Card or Employment Authorization. Only the Social Security Administration has the right to give anyone a Social Security card. Any other way is a crime.
     
  11. Many families over the world receive Green Cards through the Visa Lottery. Applications are available in October. People from Mexico and several other high impact countries are not eligible to apply.
     
  12. Children of Mexican Legal Permanent Residentss (LPRs) who still live in Mexico can qualify as dependents on the U.S. tax return. They must apply for Social Security numbers at the nearest U.S. Embassy with proof of a parent's LPR status.
     
  13. People receiving asylum qualify for cash assistance for 8 months and services the same as refugees. Check with the International Center. Those applying for asylum should apply with a lawyer within one year of arrival in the United States.
     
  14. Bowling Green has an USINS crime enforcement office. They handle only criminal situations. The nearest office in Kentucky for other official USINS business is in Louisville. It is usually not necessary to go to Louisville except for appointments, Green Card replacements, and a few other applications. International Center can assist in preparing all paperwork and instructing you as to where to mail your application and how to drive to USINS in Louisville if a trip is necessary.

In Case of a USINS Raid

1. Before the Raid

  • Know an immigrant advocate or immigration attorney.
  • Know what documents you should always carry. Carry a state ID or a driver's license.
  • Do not carry any document brought from your original country.
  • Do not carry any false document.
  • Carry a card stating that you wish to use the right to remain silent in case you are questioned.
  • Carry the name and phone number of any immigration advocate, lawyer, an/or agency who will give you advice
  • Tell your neighbors of their right to remain silent if the INS comes to your neighborhood or workplace.

2. During the Raid

  • Do not let any INS official or public official into your home/apartment without a court warrant. If they do not have one they need your authorization. Ask them to put the warrant under the door. The warrant should have the names of the people they are looking for and should be signed by a judge. You should not open the door if the agents do not have the warrant or if it does not meet these requirements.
  • If the INS officials or police officers enter without proper authorization, ask for their names and write down their badge numbers.
  • Get the names and phone numbers of any witnesses.
  • Stay calm. Do not try to run away. It could be used against you.
  • Refuse to answer any questions about your birthplace and your legal status unless your lawyer is present.
  • Tell your name.
  • Ask to make arrangements if you have children at school.
  • If the raid occurs at your workplace, tell your coworkers about the raid.

3. After the Raid

  • Both documented and undocumented people have these rights:

The right to make a phone call.

The right to speak to a lawyer.

The right to say nothing unless your lawyer is present.

The right to a hearing before an immigration judge.

  • Do not sign any document! It might allow you to be deported without getting the chance to see an immigration advocate or your lawyer.
  • Report any abuses to your local immigrant organization or call the National Network for Immigrant and Refugee Rights: 510-465-1984.

 

Services and Information

USINS National Customer Service Center
1-800-375-5283
Automated system, will give you the status of your case.
 
USINS Website
www.doj.usins.gov
Internet can translate this to Spanish for you!
 
International Center
806 Kenton, Bowling Green, Ky.
Cecilia Conejo, Edith Castro
270-781-8336
e-mail cConejo73@aol.com
Nominal fee or no charge. Assist with most petitions. Agency recognized by Board of Immigration Appeals. Hours: 8:00­1:00 daily. Saturdays by appointment. Will refer to experienced immigration attorney (Louisville or Bowling Green) when needed.
 
St. Joseph's Catholic Church
434 Church St., Bowling Green, Ky.
Fr. Ray
270-993-3686
Nominal fee or no charge. Will refer to experienced immigration attorney (Louisville) when needed.
 

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