El mercado de salud y los impuestos

By Equipo Buenas Finanzas

Durante la temporada de impuestos VITA Latino 2023 varios clientes compartieron su interés en conocer más sobre el acceso a un seguro auspiciado por el Mercado de Salud (www.HealthCare.gov o www.cuidadodesalud.gov ) y como puede afectar sus impuestos.

Dada la importancia de contar con un seguro médico en los Estados Unidos, además de cumplir con el deber ciudadano de pagar impuestos, decidimos consultar con los expertos del programa de acceso a la salud, “Health Insurance Navigator”, en el Centro de Apoyo Legal de Charlotte.

En el siguiente video, entrevistamos a Natalie Marles, supervisora del programa de Navegadores de Salud. Ella responde a preguntas como: ¿Qué es el mercado de seguros y quiénes califican?, ¿Cómo afecta mi seguro médico a mis impuestos? Y más importante, ¿debo tener alguna precaución al adquirir mi seguro médico?

Algunos de los puntos más importantes a destacar son:

  • Las personas pueden calificar para un seguro médico asequible teniendo en cuenta el número de miembros de su familia, el ingreso que la familia reciba y si son fumadores o no.
  • Las personas que califican deben tener algún estado migratorio legible (proceso de visa, residentes legales, etc.) y no deben tener cobertura médica bajo ningún otro programa medico (como Medicare o Medicaid).

Read more at: El mercado de salud y los impuestos

As States Purge Medicaid Rolls, Legal Aid Groups Step Up

By Alison Knezevich

Read more at: As States Purge Medicaid Rolls, Legal Aid Groups Step Up

North Carolina resident Anthony Brooks spent the last few weeks rushing to schedule doctor’s appointments and procedures to treat his chronic heart problems.

The 57-year-old is set to lose his health care coverage through Medicaid at the end of the month, so he is racing to set up surgery to implant a defibrillator his doctors said Brooks needs.

“I can’t afford insurance,” said Brooks, who worked as a traveling home health aide for the elderly until he suffered a heart attack last September. “This is devastating to me.”

Meanwhile, in Florida, Gillian Sapia was shocked when her 5-year-old daughter Penelope’s occupational therapist texted her the day before a scheduled session in May to tell her Penelope was no longer covered by Medicaid.

Penelope, who has been on Medicaid her whole life, has a rare metabolic disorder called classic galactosemia, as well as other health conditions. After the message from her daughter’s therapist, Sapia began a frustrating pursuit to get answers from the state’s Department of Children and Families.

“I spent like a week trying to get somebody, and it was just hours and hours of phone calls,” Sapia said, only to eventually receive conflicting information.

Brooks and Penelope are among the millions of Americans who have recently faced losing their coverage as states have started to review eligibility for the first time since 2020.

During the COVID-19 pandemic, the federal government prohibited states from kicking people off Medicaid because of a “continuous coverage requirement” linked to the federal health emergency. But that requirement ended March 31, allowing states to once again start cutting Medicaid rolls.

Both Brooks and Gillian Sapia turned to legal aid organizations for help.

Across the country, nonprofit legal groups are working to raise awareness about the changes, help people appeal coverage terminations and educate beneficiaries about their rights.

Attorneys report that as states undertake the massive review, beneficiaries are experiencing confusion, difficulty getting answers and processing errors.

“This is a very complex process that states have to implement,” said Cassidy Estes-Rogers, an attorney and program director with the Charlotte Center for Legal Advocacy, the North Carolina organization Brooks went to for guidance. As renewal paperwork has started to go out, “at the beginning of the month, we see a huge volume of calls with just absolutely confused people.”

As States Purge Medicaid Rolls, Legal Aid Groups Step Up

Statement on the End of Title 42

Charlotte Center for Legal Advocacy welcomes the expiration of Title 42, a public health law that was manipulated to expel vulnerable asylum seekers at our border since March 2020.  At the same time, we express our grave concern that the Biden administration’s “transit ban”, which becomes effective immediately upon the expiration of Title 42, will deny asylum to vulnerable migrants who do not first seek asylum in countries through which they transit on their way to the United States. 

With the anticipated surge in migration, we urge the community to consider the humanitarian crisis underlying this fraught political issue.  As an organization, we are prepared to adapt and pivot to the changing legal environment to serve the best interests of our clients.  We will continue to advocate for policies to ensure fair and humane treatment of migrants and pledge to continue our internal efforts to assist asylum seekers in our community.  It is more important than ever that we have sufficient staffing, resources, and coordination among organizations working with migrants on both sides of the border.  These efforts will ensure due process and the equitable treatment of all people seeking protection.

Our newly arrived neighbors should know that help is available. As they defend their right to remain in the US, it is important to ascertain whether they are eligible for any form of immigration relief.  Immigrants in removal proceedings can obtain this advice, free of charge, from an immigration attorney in the “Pro Bono Room”, a small room the Advocacy Center staffs next to the Charlotte Immigration Court waiting room.  The Pro Bono Room consult empowers the individual to make an informed choice about whether to spend money on legal fees, which can be extraordinarily expensive.  Immigrants are also provided with guidance about how to represent themselves pro se. 

Advocacy Center hours in the Pro Bono Room are Tuesdays and Wednesdays from 9:00 a.m.-12:00 p.m. The Charlotte Immigration Court is located at 5701 Executive Center Drive, Charlotte, NC in the fourth-floor suite.

We urgently need community support to ensure that our organization can continue to provide critical assistance to the many vulnerable migrants affected by the end of Title 42. Community donations will enable us to expand our services and support more individuals in need, including those who may have been impacted by the policy changes. Please donate to help us ensure that no migrant is left without hope.

It shouldn’t take 5 years for the US to help protect NC immigrants like Santos | Opinion | The Charlotte Observer

By Sharon Dove

In 2000, Congress created the U visa to provide protection from deportation and work authorization for crime victims brave enough to come forward against the individuals who violently abused them.

The U visa was designed to help non-citizens who are victims of crimes in the U.S., such as trafficking, domestic violence and sexual assault, and have suffered substantial mental or physical abuse. Congress intended for them to receive a U visa within months of applying, but applicants now wait an average of five years for the promised protection.

During the extraordinarily long wait, U visa applicants — already struggling against the trauma left in the wake of violent crime — must fight grinding poverty and keep the government’s push to deport them at bay.

Many do not make it. Some are deported during the wait, some give up hope and return to their home country.

At the Center for Legal Advocacy in Charlotte, where I direct the Immigrant Justice Program, we have a client named Santos who has a young son. I am not using her full name to protect her identity. Her story illustrates by this five-year wait matters to all of us — why it matters to communities across North Carolina.

Santos called the police after 14 years of abuse that she and her children endured by her boyfriend.

One night, Santos’ boyfriend beat her with his fists and an electrical cord. Bleeding and bruised, she thought her boyfriend intended to kill her. The police arrested the boyfriend and a criminal prosecution ensued.

We filed Santos’ U visa application in December 2015, identifying a son who still lived with her as a derivative applicant. Then, the wait began. Living with the uncertainty of her U visa application status, Santos struggled as a single parent to support her family with a cleaning job that paid only $8.50 an hour. She found the job through an acquaintance who agreed to look the other way at Santos’ immigration status. Santos had no other options. She supplemented her meager income with frequent visits to the local food pantries.

In February 2019, the ground opened underneath Santos when an immigration judge ordered her son’s deportation. By then he was 16. His pending U visa application legally afforded him no protection against removal. As a result, a teenager with a solid claim to status was about to be forced to leave his family and resettle in Honduras.

Our office successfully filed an appeal of the deportation order, which allowed Santos’ son to remain in the United States pending his appeal. Other respondents are not as fortunate. Only 20% of immigrant respondents in the Charlotte Immigration Court are represented by legal counsel. Without legal counsel, it is virtually impossible for an individual to file an appeal.

Five years of waiting ended in December 2020 when Santos and her son received their U visas. Santos proudly presented her work permit to her employer, and her hourly wage immediately increased from $8.50 to $15.50. Her visits to the food pantries stopped. Within months, she was able to sign a contract to purchase her home. Her increased salary and the Social Security Number afforded by the U visa made it all possible.

Santos was lucky to make it to the end of her five-year wait. Many applicants do not share that experience.

It is inexcusable that U.S. Citizenship and Immigration Services takes an average of five years to provide violent crime victims the protection that Congress intended them to have within months of applying for the U visa. It is our hope that the two federal lawsuits filed by the Charlotte Center for Legal Advocacy, Legal Aid of North Carolina, the North Carolina Justice Center, and private attorney Brad Banias will put an end to the delays.

Approximately 170,000 immigrants in the United States are waiting — like Santos did — for adjudication of their U visa applications. These individuals are already cooperating with law enforcement; it’s required to get a U visa. The long delays put them — and our communities — in danger.

Sharon Dove is a Charlotte attorney who is Director of Immigrant Justice Program at Charlotte Center for Legal Advocacy.

Read more at: https://www.charlotteobserver.com/opinion/article273642655.html#storylink=cpy

Long visa delays leave immigrant victims of crime in the lurch, argue NC legal advocates | WFAE

By Kayla Young

Read more at: Long visa delays leave immigrant victims of crime in the lurch, argue NC legal advocates | WFAE 90.7 – Charlotte’s NPR News Source

Two federal lawsuits originating in North Carolina could have national implications for immigrant victims of crime. Visa processing backlogs mean victims must wait years to access the immigration protections they need to assist in criminal investigations, and legal advocates say those delays violate the law.

More than 20 years ago, Congress established the U visa, a status designed for non-citizens who were victims of a serious crime, like human trafficking or domestic violence, while in the United States.

A major goal of the program is to assist law enforcement investigations by allowing cooperative victims to remain and work in the U.S.

But only 10,000 victims can qualify annually, and for years now, that cap has been easily met, explained Anna Cushman, an attorney with Legal Aid of North Carolina and the Battered Immigrant Project.

“I think it shows that this is a successful program. Congress has created something that is incredibly useful for law enforcement, honors our humanitarian values as a country, and assists immigrant crime victims,” Cushman said.

That success has also meant a substantial backlog of U visa applications, translating into wait periods ranging from four to seven years in many cases.

“I’ve had a client die while his case was pending,” Cushman said. “If we think about all the things that happen in five years, if any of us thought about where we were five years ago, it’ll feel like a different era.”

As of 2021, more than 170,000 U visa applications were pending with United States Citizenship and Immigration Services.

Legal Aid of North Carolina, North Carolina Justice Center, and Charlotte Center for Legal Advocacy are now suing USCIS over that backlog in Nebraska and Vermont, where U visas are processed.

Long visa delays leave immigrant victims of crime in the lurch, argue NC legal advocates | WFAE 90.7 – Charlotte’s NPR News Source

Advocacy Center Files Lawsuit to Fight U Visa Backlog

United by a common cause, Legal Aid of North Carolina, Charlotte Center for Legal Advocacy (Advocacy Center), and the North Carolina Justice Center, are working together to obtain legal relief for immigrant victims of crime amidst significant delays in U Visa application processing. 

Over 150 victims of crime have filed suit in Nebraska and Vermont against the U.S. Citizenship and Immigration Services (USCIS) alleging that the agency has delayed the processing of the victims’ U Visa applications for years. The victims have cooperated with law enforcement agencies to prosecute the perpetrator, making them eligible for U Visa legal status in the United States. However, significant delays in the granting of the visas have left victims without justice. 

Congress enacted the U Visa for victims of crime in 2000 as a tool for law enforcement and a means to provide benefits to victims of crime who have been helpful to law enforcement. Benefits such as work authorization and legal status help victims achieve financial stability and independence. The years-long delays in processing the applications mean that victims are unable to work and support themselves and their families. 

“For the domestic violence victim who just reported the crimes of their abusive partner, the very same partner that paid the rent, it’s essential that work authorization is available as soon as possible, not five years from now,” said Rona Karacaova, Managing Attorney of Legal Aid NC’s Battered Immigrant Project. “These lawsuits will improve public safety and bring financial stability within victims’ reach like Congress intended.” 

Legal Aid of NC’s Battered Immigrant Project, the Advocacy Center’s Immigrant Justice Program, the NC Justice Center, and Brad Banias of Banias Law, along with assistance from local counsel, Brett Stokes and Jill Martin-Diaz of the Vermont Immigrant Assistance Clinic at Vermont Law and Graduate School, filed the lawsuits against USCIS in Nebraska on Jan. 9 and Vermont on Feb. 2, 2023. 

The lawsuits seek agency action on the delayed cases, specifically employment authorization, protection against deportation, and travel documents for petitioners abroad in need of re-unification with their families in the U.S. The lawsuits are also the first of their kind brought on behalf of U visa petitioners en masse in Nebraska and Vermont. 

“We support the litigation filed by Legal Aid of NC, NC Justice Center, and Charlotte Center for Legal Advocacy on behalf of U visa petitioners,” said Sheriff Charles S. Blackwood on behalf of the Orange County, NC Sheriff’s Office. “Any victim who learns it will take years to receive a U visa is likely discouraged from applying. The potential benefits of obtaining lawful status through the process feel too remote and are therefore not an effective incentive to report any crime or voluntarily engage with a law enforcement officer. Reluctance on the part of any portion of the community to report crime jeopardizes everyone’s safety and complicates our ability to protect the most vulnerable members of society.”  

Legal Aid NC’s Battered Immigrant Project, the Advocacy Center’s Immigrant Justice Program, and the North Carolina Justice Center advocate for immigrant survivors. The lawsuits are intended to compel the USCIS to follow Congress’s intent to protect immigrant victims of crime and provide law enforcement effective tools to investigate and prosecute serious criminal activity.   

Courts jostle over DACA, casting a cloudy future for Charlotte ‘Dreamers’| Charlotte Observer

By DJ Simmons

Read more at: DACA rulings leave the program and Charlotte Dreamers’ in limbo | Charlotte Observer

With federal courts jostling over the Deferred Action for Childhood Arrivals program, its future hangs in limbo — affecting thousands of recipients in Charlotte and across North Carolina.

Recent activity pulled the Obama administration policy back in the headlines — judges from the 5th U.S. Circuit Court of Appeals who ruled against DACA earlier in October, said it needed more review. That decision sent it back to a lower court judge, who now ruled the program can remain temporarily, with limitations, as he reviews Biden administration revisions made in August.

For Marisela Ceniceros, a Charlotte mother of two DACA recipients, a new worry is now front and center — how a potential reversal could affect families like hers.

“Right now because it’s on hold there’s no way to determine if or when DACA will end,” Ruth Santana, an immigration attorney with Charlotte Center for Legal Advocacy, said. “That uncertainty for immigrants is very unsettling to say the least.”

DACA rulings leave the program and Charlotte Dreamers’ in limbo | Charlotte Observer

One year after the U.S. withdrawal from Afghanistan, Afghans in Charlotte are in legal limbo | Axios Charlotte

By Danielle Chemtob

Read more: Axios Charlotte

Tahira Askari and her family arrived at the chaotic scene at the Kabul airport last August, with a crowd of people surrounding the walls, and Taliban surrounding them.

The teenager heard gunshots and people calling out for help. She saw people being beaten and lying on the ground, injured.

They slept on the street outside the airport for two nights. Finally, after moving to another location, they managed to board a plane to Qatar, then Germany, then Washington, D.C., then Wisconsin, before they became among the over 1,700 Afghan refugees to arrive in North Carolina since last August.

Now 17, Askari lives in Concord now and dreams of studying journalism in the U.S. But like tens of thousands of Afghans now in the United States, she faces a ticking clock with her legal status. And she is bogged down in a years-long legal process to obtain citizenship.

What’s happening: The U.S. completed the withdrawal from Afghanistan a year ago today, Aug. 30, and has resettled more than 76,000 Afghans in the country.

Initially, North Carolina was set to resettle 1,200 refugees but that swelled to 1,730, according to the latest figures provided by the North Carolina Department of Health and Human Services. Charlotte agencies resettled 298.

Why it matters: In that year, Afghans in Charlotte and elsewhere have tried to build new lives for themselves, but their legal status is in limbo.

Context: Most Afghans have temporary status in the U.S. through humanitarian parole, which does not have a clear path to citizenship, and only lasts for two years typically.

Afghans can apply for asylum, and their cases will be expedited, receiving an interview within 45 days.

But it’s still a lengthy process that attorneys often assist with, which is a financial barrier for families that had to start over when they moved here. Plus, the nearest office handling the asylum interviews is in Virginia.

Once they receive asylum, they can apply for their green card after a year, and in four years they are eligible to apply for citizenship, says Rebekah Niblock, a staff attorney with the Charlotte Center for Legal Advocacy working for its Immigrant Justice Program.

While the asylum process is being sped up for Afghans compared to other refugees, it still means years of waiting and legal fees before they can become citizens.

Read more: One year after the U.S. withdrawal from Afghanistan, Afghans in Charlotte are in legal limbo – Axios Charlotte

Afghan refugees find ‘different world’ in Charlotte — and a new set of challenges | Charlotte Observer

BY DJ SIMMONS AND WILL WRIGHT

Read more: https://www.charlotteobserver.com/news/local/article264677989.html#storylink=cpy

Americans watched the Afghan government fall from afar. But for Bahroz Mohmand, the moment marked the high-stakes culmination of a plan two years in the making to relocate his family.

“Because of me my whole family — my brothers, my sisters, my parents, my in-laws — most of them were at risk,” said Mohmand, who worked as a translator for U.S. Special Forces. “Working for the army in Afghanistan was not easy. You’re basically putting your family and their life in jeopardy by working for them.”

Now, safely in Charlotte, Mohmand fears for his family’s future. Their work permits are set to expire in 2023, and the uncertainty of that leaves him wondering what will happen.

“If their work permits expire, they’re, of course, not going to let them work anymore, and then they’ll have no income and (will) be put on the street,” he said.

Tahira Askira, Mohmand’s niece, recalled the tense days in Afghanistan before she was evacuated last year.

Askira said she was out grabbing groceries with her mother and sister when they heard the Taliban took over the country. Soon, the day descended into chaos. “People were shouting,” she said. “Everybody was looking for a way to get back home.”

Askira was fearful. She heard from adults what life was like under Taliban rule. For two days, they were stuck at home as Taliban fighters surveyed the streets, looking for people.

Mohmand feared the worst. Through his job as a translator, he was given a pathway to citizenship and emigrated to America in 2012 through the Special Immigration Visa program for Afghans.

The program, however, didn’t guarantee their families similar avenues. And interpreters’ jobs often placed targets on their backs, as well as their families, Mohmand said.

Mohmand also garnered a higher profile after being invited to the White House in 2018 for a Medal of Honor ceremony for a soldier he worked with. During the ceremony, he was individually recognized by then-President Donald Trump.

While the moment was one of his proudest, it also placed his family directly in danger.

As Askira fled the airport with her family, all she was able to grab was a backpack full of a few belongings. Meanwhile, Mohmand stayed on the phone with the family and used Google Maps from his home in Charlotte to help them navigate to and through the Kabul airport. Askira spent almost two nights sleeping outside the airport before they were able to get inside.

“I was running the operation basically,” Mohmand recalled. “I was telling them where to go.”

Now in America, they face hurdles applying for asylum.

GETTING SETTLED

Rebekah Niblock, a staff attorney at Charlotte Center for Legal Advocacy, said applying for asylum is one of the more complex areas of immigration law.

Refugee resettlement centers such as the Carolina Refugee Resettlement Agency contacted the Charlotte Center for Legal Advocacy to assist the influx of Afghan families. The center soon undertook the task of creating a program to link Afghan families to pro-bono attorneys who could help them with their asylum cases.

For Niblock, the case with Mohmand’s family is even more personal. Her father, a builder in Concord, has helped to house members of Mohmand’s family and is Askira’s neighbor.

”I feel the family is meant to be here,” Niblock said.

Niblock said a bill in Congress called the Afghan Adjustment Act could be key in helping these families have a direct path to citizenship. The bipartisan legislation was introduced in Congress in August and would allow Afghans with temporary status to apply for lawful permanent residence.

“There’s precedent for the bill,” Niblock said. “If you think about the Vietnamese coming to our shores, we passed similar legislation to allow them to have more of a direct path to residency and citizenship status.”

Asylum cases could take years, Niblock said. Currently a special provision allows Afghan refugees to have their cases heard within 45 days of filing.

“But that means you need to have everything ready,” Niblock said. “That entails a detailed statement, corroborating evidence, sitting down the client and asking very difficult and traumatizing questions.”

Read more at: https://www.charlotteobserver.com/news/local/article264677989.html#storylink=cpy

Afghans in U.S. await stability and immigration answers | WFAE

By: Kayla Young

Read more: Afghans in U.S. await stability and immigration answers | WFAE 90.7 – Charlotte’s NPR News Source

A year after the fall of Kabul, Afghans who fled to the United States still face an uncertain future. Organizations such as the Charlotte Center for Legal Advocacy are now pushing for passage of the bipartisan Afghan Adjustment Act and a pathway to citizenship.

When Taliban insurgents took control of Afghanistan’s capital city, Kabul, in August of last year, Bahroz Mohmand watched the news in disbelief from the United States.

The 33-year-old interpreter never expected to see his home country revert to Taliban control.

“I was surprised. I was pissed off. I was sad,” Mohmand said. “It was a very difficult situation for me to basically calm myself down because I was worried about the family.”

Mohmand moved to the United States in 2012 under a Special Immigrant Visa (SIV), made possible by his work as a Dari and Pashto interpreter for the U.S. Army.

“I was born in war. I was raised in war. I never saw the good side of my country,” he said. “The only time that it was good was basically when from 2001, when the U.S. Army came until, you know, August 15 that everything collapsed under the Taliban regime.”

He is now a U.S. citizen. But for many of the 76,000 Afghans who fled to the U.S. in the past year, their immigration options are more limited. Many fear eventual deportation, including Mohmand’s niece, 17-year-old Tahira Askari.

Askari described the chaos of her evacuation in her native language, Dari. Mohmand interpreted.

“Everything was falling apart. People were running around stores. You could see families getting desperate, separated from each other. Everybody was heading towards the airport,” she said.

Askari and her family boarded an evacuation flight to Qatar, then Germany and eventually reunited with Mohmand in Charlotte.

Mohmand says for Askari, life under Taliban rule is a foreign concept.

Read more: Afghans in U.S. await stability and immigration answers | WFAE 90.7 – Charlotte’s NPR News Source