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.

Introducing Attorney Naveen Flores-Dixit

We’re thrilled to introduce our new associate attorney, Naveen Flores-Dixit, who joined the WGV team this week. Naveen Flores-Dixit graduated from the University of California, San Diego cum laude with a Bachelor of Arts degree in History in 2011. He also played for the UC San Diego NCAA Division II Men’s Tennis Team. After undergrad, Naveen attended University of California, Davis School of Law. He graduated in 2015 with Order of the Coif Honors and in the top 5% of his class. He was also a UC Davis School of Law Public Service and Pro Bono Certificate Recipient.

After law school, he served as a judicial law clerk to the Honorable Kristina Pickering of the Supreme Court of Nevada for a year. In 2016, he returned to California and worked in various areas of the law including housing, personal injury, and employment. In January 2018, he became a removal defense attorney at California Rural Legal Assistance Foundation, where he represented clients in immigration court for bond hearings, asylum, and Legal Permanent Resident Cancellation. He also developed experience filing affirmative applications for DACA, U visa, Adjustment of Status, and Naturalization.

In February 2020, he moved to San Antonio along with his wife, a San Antonio native, and daughter. Naveen’s passion for serving the immigrant community along with his impressive academic and professional background make him a perfect addition to the WGV team. Naveen will serve WGV clients from our San Antonio office, and we look forward to introducing him personally to friends and clients in the coming weeks.

U Visa Litigation Update

For our U visa clients who have been waiting many years to receive work permits while awaiting their U visa approvals, we have begun working through the federal court in Austin to push USCIS to make decisions on cases more expediently. To read more about those efforts, check out our blog post here.

Currently, we are concluding our first U visa delay lawsuit. Once that case is concluded, we intend to file for other clients who live in the Austin area, who have clean criminal and immigration records, and who have had their cases filed since at least 2017. Current processing times indicate that USCIS is adjudicating work permits for individuals who have had applications filed since September of 2015. We are arguing in our suit that five years waiting for a simple work permit is too long, and that this long wait time is frustrating the will of Congress, which is to provide legal status to cooperative victims of crime through the U visa program.

Last week, USCIS contacted us through their attorney and requested some clarification about our clients’ Form I-918B. The I-918B is the form that certifies that our clients were victims of a crime and cooperated with prosecutors in the investigation and prosecution of the perpetrator. In order for USCIS to approve our clients’ work permits, we need to coordinate with prosecutors at the Travis County District Attorney’s Office to clarify some of the information they included in the form. Once we do that, and submit the clarifications to USCIS, we anticipate that our clients’ work permits will be approved and issued within approximately 30 days.

If you have a U visa pending since at least 2017, have a clean criminal record, and live in the Central Texas area, you may be a good candidate to join our next lawsuit. For more information, please contact Jennifer Walker Gates at [email protected].

Hello! Message Us Below For Assistance
¡Hola! Mensaje para asistencia
For Arrests or Deportation Emergency:
Para detenciones o emergencia por deportación:
📞 1-877-339-1422 | 📲 text: 512-213-0005