Public Benefits under Biden
Use of Public Benefits now that Biden has won the Presidency. In short: If you need assistance, we ENCOURAGE you to use the help that is available to you!
Interview with Cristina Tzintzún Ramirez, Texas legendary Activist and Organizer.
We were so proud and honored to have the chance to interview legendary activist and organizer, Cristina Tzintzun Ramirez about her latest projects, Jolt and Latino Families Forward. Cristina is a dynamo and a force to be reckoned with. If you want some inspiration and hope for the future of our country, definitely check out this video!
What to do if an employer refuses to pay you?
This week, we heard a familiar story from one of our immigrant friends: He completed work for a contractor more than a month ago, but the contractor has not paid him. He is owed almost $4,000. The contractor told our friend, “Don’t worry, I’ll pay you when I get paid,” but now is not responding to our friend’s calls or texts. Our friend does not have a work permit or residency, and is afraid the contractor won’t pay him.
But, the law in Texas is clear: If you get hired for work, you get paid for that work. Immigration status does not matter. An employer who refuses to pay for work has committed a crime called Wage Theft, and the worker is entitled to be paid back wages, and sometimes more.
So, what should you do if an employer refuses to pay you for work that you’ve done? Here are some options:
1. Contact the Worker’s Defense Project. This is an organization with almost two decades helping workers recover stolen wages, learn their rights, and fight for better laws to protect workers. They have offices in Austin, Dallas, and Houston. Click here to visit their website.
2. Submit a Wage Claim with Texas Workforce Commission. Click here to see information on how to do this.
3. Contact an employment law attorney in your area. Depending on the amount of stolen wages, an attorney may or may not be able to take your case. This is why organizations like WDP are so important – they can help no matter the amount you need to recover.
Finally, if you are a victim of wage theft, DO NOT DELAY in taking action! The law provides only two years to file a law suit to recover your wages, and that time can slip away faster than you think.
If you are a client of WGV and have been the victim of wage theft in the past two years, please call or email your attorney for assistance.
New TPS Rules Adopted at USCIS … and they appear to be unlawful
This week, USCIS published an update to their policy manual which states that they will no longer approve applications for adjustment of status for individuals whose only lawful entry is based on travel using TPS advance parole.
This new policy appears to be another attempt by the Trump Administration to illegally change immigration law without Congressional approval as is required under our Constitution. This new USCIS policy flouts federal appellate court decisions, decades of routine practice, and a common-sense interpretation of the immigration law as written by Congress.
Please note: According to the policy manual, individuals with TPS who travelled with advance parole before August 19, 2020 will not be affected by this new rule.
We at WGV are looking forward to suing USCIS over this policy, as we are confident that it will not withstand the scrutiny of a federal judge. We welcome anyone with TPS who travelled using advance parole on or after August 19, and who hopes to seek adjustment of status on the basis of that travel, to contact us for a consultation immediately.
The “CARES Act” is mis-named for immigrant tax-payers and their families. Here’s what you can do about it.
Looking forward to your $1200 check from the IRS? Read this:
You probably know that on March 30, Congress passed the CARES Act to provide relief for Americans struggling through this pandemic. The CARES Act says that most U.S. Citizen adults will receive $1200 each; U.S. citizen and permanent resident children under 16 are supposed to receive $500 each.
But get this: The language of the CARES Act seems to say that if anyone in your family files taxes with an Individual Tax-payer ID Number or ITIN, then your whole family is excluded from receiving the benefit. So, for example, if you are a U.S. Citizen and you file jointly with your spouse who files and pays taxes with an ITIN, then neither you nor your children will get a benefit payment. I’ve spent several hours researching this question, and this is what I’ve read in three different articles, which you can see here, here, and here.
If I’m reading this correctly, this means that Congress and the president acted together to pass a bill that not only excludes undocumented people for filing and paying taxes with their ITIN, but goes even further to also punish their U.S. Citizen and Lawful Permanent Resident spouses and children for living with them, depending on them, and filing taxes with them. The people who allowed this to happen need to hear from us NOW.
Two things you can do about this unfair exclusion:
- Call our elected officials.They are supposed to work for us. Punishing U.S. citizen spouses and children of immigrant tax payers in this way is unacceptable. The next Coronavirus relief package needs to ensure – at a minimum – that every single U.S. citizen and lawful permanent resident is provided with benefits, regardless of the immigration status of anyone in their family or household. (An easy way to stay in touch with our representatives in D.C. is by using “Resistbot.” Just text the word “Resist” to 50409 and you will be connected easily and automatically to our elected officials. I use Resistbot all the time and LOVE it.)
- If you haven’t filed 2019 taxes yet, ask about filing status “Married, filing separately.” Consider this status for 2020 as well. Everyone who knows me can tell you with 100% certainty that I am no tax expert. But the language of the CARES Act and the articles about it suggest that, if you’re married, then filing separately from a spouse who uses an ITIN may permit you to receive the benefit. It will be important to ask a reputable, knowledgeable tax preparer about this. What I can tell you is that, if you’re married, then filing taxes separately from your spouse is not going to cause problems for your or your spouse’s immigration case. The problem on the immigration side comes from filing as “Head of Household” when you’re married – “Head of Household” status is supposed to be reserved for unmarried people.
I hope I’m wrong about the CARES Act
I have made several angry calls to my representative’s and senators’ offices about this exclusion of families of immigrant tax payers. One of the staffers in Senator John Cornyn’s office was “very surprised” by my complaint; she did not believe what I was telling her about the CARES Act and said she thinks it’s not true. At the time I am writing this email, I am waiting for a call back from Cornyn’s tax expert who is supposed to clarify the language of the law.
I really hope I’m misreading the language of the bill and the articles I’ve found. If it turns out I am, I will post a very happy “I was wrong” message next week.
If you have a delayed application for Naturalization, we have a solution for you
According to the Immigration and Nationality Act (i.e. the immigration law), USCIS has 120 days after an applicant’s first interview and exam to make a determination on the application for naturalization. After 120 days have passed, the applicant may file his or her naturalization case in the Federal Court and ask a judge to decide whether he or she qualifies for U.S. citizenship.
There is no exception to the 120-day deadline. It doesn’t matter if USCIS has requested additional documents from you, scheduled an additional interview for you, or just stopped communicating with you. If you’ve had a first interview on your case more than 120 days ago and you still do not have a decision on your application, you can file a lawsuit.
WGV has helped many clients successfully conclude their applications for naturalization after long delays by filing cases in the federal courts. If you or someone you know needs help getting your naturalization case un-stuck at USCIS, please contact Jennifer Walker Gates or Jacqueline Watson at (512) 633-1785 or at [email protected].