All posts by Cheng, Cho, & Yee, Immigration Lawyers

Covid-19 Relief Fund Available to Immigrants

Earlier in April, Mayor Lori Lightfoot announced that a COVID-19 relief fund would be available to every individual in Chicago, regardless of their immigration or citizenship status.

The fund includes $1,000 housing grants that would assist with mortgage and rent payments, $100 million worth of small business loans and disaster relief funds, and online enrichment programs in place for students.

What the Order Means for Immigrants in Chicago

The Dean of the City Council’s Socialist Caucus, Ald. Carlos Ramirez-Rosa (35th), stated that while the mayor’s executive order doesn’t make any changes to city policy, it restates what is made clear in the city’s Welcoming City Ordinance.

Of the order, Ramirez-Rosa told the Chicago Sun-Times, “The federal government has excluded undocumented workers and small business owners from federal relief efforts. If we’re going to close the gap, we need to go beyond simply reiterating the city’s existing policy and create a dedicated local fund to provide support to everyone excluded from federal relief.”

To help provide more benefits for immigrants during these uncertain times, the City Council’s Hispanic Caucus sent the mayor a letter requesting the implementation of an “Immigrant Resiliency Fund.”

However, in the meantime, the order will ensure that the city’s coronavirus-related benefits are available to refugees and immigrants.

The federal government’s $2 trillion stimulus package doesn’t provide benefits for undocumented immigrants, and while many see the order as a step in the right direction for providing for undocumented immigrants, others like Ramirez-Rosa feel that there need to be more changes. 

Additional Attempts to Help Immigrants

President and CEO of the Illinois Restaurant Association, Sam Toia, has called immigrants “the backbone” of the restaurant industry.

Many business owners are worried about running out of money, but Toia has explained that help is available to those who apply. In early April, the treasury department requested an additional $200 billion in addition to the $300 billion that the government had announced to help businesses. Toia explained that business owners who successfully secure funding from the federal Payroll Protection Program will be able to use those funds to cover all employees, including undocumented workers.

While there are more steps that need to be in place to protect and provide for immigrants and their families in the long term, the mayor’s order and other efforts are working to help immigrants and refugees during these challenging times.

How Will COVID Impact Immigration in Chicago?

As COVID-19 continues to affect Chicago and the rest of the country in many different ways, President Trump has also announced that he would sign an executive order in response to the outbreak, temporarily suspending U.S. immigration.

The move comes as the Trump administration works to progress certain policies that restrict immigration, including a policy preventing asylum seekers from gaining entry into the country.

The decision had raised many questions around the exact scope and timing of the move, along with other issues pertaining to the order.

What the Executive Order Means for Immigration in Chicago and the Rest of the U.S.

President Trump announced on Twitter on April 20: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”

The announcement came in light of his expressed optimism around the potential reopening of states’ economies amid the outbreak, and it’s been met with criticism as it could bring with it certain legal issues. The specific terms of the order are also vague, leading to much speculation around what it means for immigrants in Chicago and the rest of the country in these already uncertain times.

The tweet didn’t provide any information around when the suspension would go into effect or its duration. However, the move attracted criticism from groups fighting for immigration rights along with many others, as Trump continues to detract focus from the coronavirus and redirect it, or use it in his favor, to help forward his political agenda.

Halting H-1B Visas

In June, Trump temporarily suspended H-1B and other visas enabling foreigners to work in the U.S., which seemed to be the culmination of the April tweet. 

Specifically, the executive order worked to halt the approval and issuance of H-1B work visas and green cards for immigrants seeking employment in the U.S. According to an official with the Trump administration who spoke to CNN back in April, the order would temporarily restrict certain work visas for around 120 days in an attempt to provide relief for concerns around unemployment pertaining to the outbreak. 

While certain elements of the order are unclear, such as the legal authorities that Trump will depend on and other specifics, it’s expected that the order will provide some exemptions for health care providers and farmworkers, along with other workers who are considered to be “essential.”

The move to ban worker visas and prevent the issuance of green cards would prevent up to around 525,000 foreign workers from entering the country until 2021, according to The New York Times. This would affect Chicago in addition to many other large cities that depend on foreign workers.

Continuing Controversial Restrictions

Speaking about the order in April, White House press secretary Kayleigh McEnany focused on the implications the suspension would have on employment.

Critics of the order are claiming that the administration wants to redirect negative attention on immigrants as it works to reopen parts of the nation through the progression of various phases.

What is surprising to many about the order is that the president’s tweet in April came within weeks of discussing the virus’s impact on the U.S., specifically around the nation passing the peak number of predicted deaths. Trump has encouraged protesters going against nationwide stay-at-home orders and pushed toward reopening the economy.

A Struggling Economy

As a result of the pandemic and subsequent shut down across the U.S., around 22 million citizens have filed for unemployment. The closure of businesses and the economic downturn have hurt Trump’s central platform, coming after his administration’s promise to develop a strong economy.

In many instances, Trump has thrown criticism and threats that are unrelated to the pandemic and has pushed toward adjourning Congress to place his own appointees in vacant positions. These actions come soon after he downplayed the outbreak earlier this year and testing rollout was delayed.

As the economy continues to struggle, critics claim that Trump is attempting to place the blame on immigrants and others as he works to distract people from the skyrocketing unemployment rate and economic instability. He has also placed blame on governors and even the Obama administration for the lack of personal protective equipment (PPE) and other critical supplies amid the pandemic.

It’s still unclear precisely how the recent order will affect immigration in Chicago and other major cities and states, but the suspension may not have a significant impact considering there are already restrictions in place preventing travel to and from other countries. However, the outbreak is having an overall negative effect on immigration in the U.S., as many operations are still temporarily discontinued.

Applying for a Green Card? Read this First

The effect of the new Public Charge Rule is to deny the green card and visa applications of those immigrants who the government believes won’t be able to support themselves and their families. The new rule implements several changes to applications for green cards and visas, whether individuals are applying from within or outside of the U.S.

What the New Public Charge Rule Means for Green Card Applicants

The public charge rule enables the U.S. government to reject green cards and other types of immigrant applications to individuals who the government suspects will be unable to financially support themselves.

The new rule took effect on February 24, which means that immigrants now need to meet a more strict set of criteria that the Department of Homeland Security (DHS) will review. Specifically, immigration officers will determine if green card applicants are capable of supporting themselves and their families based on the results of a 20-factor test.

The government initially announced the new rule in August. Despite the fact that courts all over the country contested the rule, with five federal judges doing what they could to block the rule’s implementation, the rule has since come into effect. Subsequently, it’s important for green card applicants to understand what immigration officers will look for when submitting their applications.

Factors Included in the New 20-Factor Test

The 20 factors that the DHS will take into account when reviewing green card and visa applications will assess the applicant’s health condition, employment status, education, job skills, insurance, credit, age, and family size, among several other factors that immigration officers will consider when approving or denying applications.

Certain “negative factors” could lead immigration officers to deny green card applications. Some of these negative factors may include being either too young or too old, having certain medical conditions, having a large family, income levels below 1.25 times the poverty line, financial liabilities such as car loans and mortgages, being unemployed, and having a poor educational background, among others.

Meanwhile, there are other “positive factors” that could also influence immigration officers’ decision to approve or deny applications. These factors can include being insured, earning income above 2.5 times the poverty line, having a good credit history, having a good employment history and an existing job, and being highly educated.

Applicants waiting to hear back regarding approval status can check USCIS processing times online. Applicants facing denial or deportation can work with an immigration lawyer to stop removal proceedings. In special cases, immigrants can speed up the application process by qualifying for an expedited visa appointment.

Here’s How to Avoid Immigration Scams

Immigration law can be complex and difficult for many to understand, which is why there are many attempts to scam immigrants amid the confusion. In many cases, these self-proclaimed “immigration consultants” do what they can to manipulate immigrants into paying them for illegitimate services.

Thankfully, there are ways for immigrants to recognize scammers and avoid potential scams when going through the immigration process. The most important step for immigrants to take when trying to navigate the immigration process is to consult with qualified immigration attorneys who will be able to provide reliable representation.

How to Identify and Avoid Scammers During the Immigration Process

When immigrating to the U.S., there are certain clear signs that a scammer may be attempting to lure an immigrant and his or her family into a scam. These signs include:

1. Guarantees

It’s impossible for any professional to make a guarantee that they will secure a favorable outcome in an immigration case for immigrants. Even experienced and reputable immigration lawyers can’t make any guarantees. So, if a business such as an immigration consultancy advertises a “guarantee” of any kind, it’s important to turn elsewhere for more trustworthy services.

2. Bribes or “Hook Ups”

Another sign to look for is a potential “hook up,” which is a kind of bribe that a scammer may try to convince an immigrant to pay to manipulate the immigration system. However, while the U.S. immigration system isn’t perfect, it’s impossible to bribe the system and attempting at manipulation can lead to serious consequences.

3. Make Sure All Documents Are Signed by All Parties Involved

Immigration requires the completion of paperwork, all of which will be in English, including any forms, applications, or petitions that the immigrant will need to sign. Documents can be complex, and many immigrants don’t speak English as their native language, which means that it’s important to make sure that the third party providing the paperwork includes a signature along with a clearly printed name. If a consultant asks his or her client to seek any fake documents or if the consultant is providing all documents, it may be best to look for another professional to provide assistance with the immigration process.

Looking for these signs can help avoid potential scams and minimize the possibility of serious issues during the immigration process. It’s always best to research any immigration consultants or attorneys to determine if they’re legitimate before turning to them.

This Is Who Chicago Immigrants Really Are

Illinois, including Chicago, has seen an increasing number of immigrants, many of whom come from Mexico. Immigrants are now engrained in communities all over the state. In fact, one in seven Illinois citizens is an immigrant, while immigrants make up over 20 percent of business owners operating businesses in the Chicago metropolitan area.

Immigrants Are Integral in Illinois

According to stats gathered by the American Immigration Council, around one in seven residents in Illinois is an immigrant. One in eight residents is a native-born citizen in the U.S. with at least one parent who is an immigrant.

In 2015, 14.2 percent of the population was composed of 1.8 million immigrants, and Illinois alone was the home of immigrants composed of 863,196 men, 870,770 women, and 92,190 children. That same year, a majority of immigrants came from Mexico, India, Poland, the Philippines, and China.

By 2016, around 1.6 million people were native-born citizens with at least one parent who was an immigrant.

Almost Half of Illinois Immigrants are Naturalized with Varying Educations

In 2015, around 880,242 immigrants, or 48.2 percent, had become naturalized citizens, while another 326,135 immigrants qualified for naturalization that year, with around 73.2 percent of immigrants reported having spoken English either “well” or “very well.”

When it came to education in 2015, almost one in three immigrant adults had obtained either a college degree or pursued higher education, while one in four hadn’t obtained a high school diploma.

Undocumented Immigrants and DACA Recipients in Illinois

In 2014, around 24 percent of the immigrant population in 2015 was composed of 450,000 undocumented immigrants, which translates to around 3.5 percent of the total population in Illinois.

Another 817,066 residents in Illinois, including 343,532 of those native to the U.S., had at least one family member who was undocumented from 2010 to 2014.

In 2016, around 73 percent of immigrants eligible for Deferred Action for Childhood Arrivals (DACA) had applied for the program. Another 18,000 citizens in Illinois met all DACA requirements with the exception of educational requirements, and another 9,000 would become eligible once they reached a certain age.

Immigrant Workers

Around one in every six workers in the state is an immigrant, consisting of 1.2 million immigrant workers in 2015, or 17.9 of the overall labor force.

Keeping these stats in mind, the numbers have increased since and will continue to increase as more immigrants adapt to American culture and call Chicago their home.