World Relief and the Church of the Nazarene have recently partnered to start an immigration hotline for district superintendents. Districts have access to an immigration attorney by phone or e-mail Monday through Friday during regular business hours. Based on these conversations, I have outlined some general suggestions on how to help immigrants you may come in contact with through your church.

What are the Potential Hazards of Giving Legal Advice?

Immigration law can be extremely complicated and is based on the specific facts of an individual’s experience. What works for one individual, may not be available to another. The only individuals authorized to give immigration legal advice are immigration attorneys and those accredited by the Board of Immigration Appeals (BIA). Even those authorized must spend a great deal of time keeping up with immigration law and researching individual cases.

Legal advice is any information related to immigration law, including simply telling someone which immigration form to fill out.

Incorrect advice can have serious consequences for an immigrant. One of the most common pieces of legal advice is for the immigrant to return home and “fix” his/her immigration situation from overseas. While this may seem like good advice, leaving the United States usually results in an individual being barred from applying to re-enter for three to ten years.

It is extremely important to always consult with a local immigration attorney or BIA representative who is reputable and knowledgeable. An initial consultation is usually affordable, even from a private immigration attorney. This is especially important if an individual does not have a valid immigration status or has had any contact with the police. For a list of immigration attorneys, consult the following websites:

www.aila.org

www.usdoj.gov/eoir/probono/ legresources.htm

www.abanet.org/legalservices/ findlegalhelp/home.cfm

Immigrants are at great risk of being taken advantage of by “notarios” or other disreputable individuals who charge high fees for services that an immigrant is often not eligible for.

Social Services: Do Immigrants Have Access?

There are many restrictions on immigrants receiving public benefits from the Federal Government. Access is limited to specific immigration categories and to the number of years an individual has lived in the United States.

State funded public benefits usually have fewer restrictions, but access varies from state to state.

Immigrants who do not have a valid immigration status are generally not eligible for any state or federally funded government benefits. However, there may be local state exceptions.

Many immigrants, even those without a valid immigration status, have children who are U.S. Citizens. These children are usually eligible for the same benefits as children of U.S. citizen parents, such as food stamps and state medical cards.

It is important to check with your local government social service department and other local social service agencies that are familiar with local eligibility rules. To get started, visit the Department of Health and Human Services’ website www.hhs. gov and the National Immigration Law Center’s website www.nilc.org.

All immigrants, regardless of status, are able to receive assistance from non-governmental agencies, such as food pantries, shelters, medical care from free medical clinics, emergency medical care from a hospital, and the courts. For example, if a woman without legal immigration status is a victim of domestic violence, she would have access to a domestic violence shelter and an order of protection from the court.

Can I Hire an Immigrant?

Working without permission from the Department of Homeland Security (DHS) can have serious consequences for an individual immigrant, as well as the employer. Generally, in order to work, immigrants must have a valid employment based visa, such as a religious worker (R-1) visa, (please note that an employment based visa may require an individual to work for a specific employer and may not be interchangeable); an Employment Authorization Document, a plastic card with their photo; a “Green Card,” a plastic card with photo that is not actually green, but designates the immigrant as a Lawful Permanent Resident; or have been granted refugee or asylee status.

If an individual is inside the United States without a valid immigration status, he/she is not authorized to work.

If an employer knowingly hires an individual who does not have permission to work from DHS, the employer can be sanctioned (fined).

Often employers knowingly hire individuals without permission to work and then refuse to pay these individuals, using their immigration status as a threat. This practice is illegal. Regardless of their immigration status, immigrants can work with local agencies and the courts to recover their illegally withheld wages. For more information online, visit www. nilc.org.

The Visa in His Passport is Valid. Why is He Undocumented?

There is a great deal of confusion regarding immigration paperwork. The visa in an immigrant’s passport gives him/her permission to come to the border of the United States. A visa should be thought of as a kind of “ticket” or permission to travel, but does not necessarily demonstrate valid immigration status.

When an immigrant arrives at the airport or other port of entry, it is up to DHS to determine the length of time the individual can stay. When an individual arrives, he/she is given an I-94 card (usually a white card with a number and a stamp or writing on it from DHS). This card usually states how long the individual can stay inside the United States.

In addition to the I-94 card, an approval notice (a letter from DHS); a lawful permanent resident card (green card); an I-20 for immigrant students; and a letter from an immigration judge or court, are all examples of documents that demonstrate an individual’s immigration status. For more information online, visit www. uscis.gov and www.travel.state.gov.

How Can Our Church Get Involved with the Immigrant Community?

Immigrants are new to this country and culture. Churches can play vital role in the assisting an immigrant or immigrant family in their integration process. Below are a few opportunities for involvement:

• Provide English for Speakers of other Language (ESOL) classes

• Provide Interpreters and translators

• Become a naturalization mentor, assisting with civics preparation for naturalization exam

• Partner to provide cultural mentors, assisting with enrolling kids in school, financial literacy, learning to drive, etc.

• Provide speakers from the community such as tax professionals, police/fire department, financial planners, etc.

• Partner with other agencies and local immigration attorneys to provide low cost immigration legal assistance

For help with immigration legal issues, please contact your district superintendent for information on contacting Kedri Metzger at the World Relief immigration hotline.

by Kedri Metzger
Immigration Staff Attorney
World Relief