In this issue: USCIS Immigration Fees and Public Charge Rule Change; Having a Legal Emergency Kit Ready for National Preparedness Month; September is National Hispanic Heritage Month; NNJLS Staff Spotlight; NNJLS Pro Bono Celebration 2020; and more. 

We're here to help.

Estamos aquí para ayudar.

(201) 792-6363 / NNJLS@LSNJ.org

USCIS Immigration Fees and Public Charge Rule Change

Authored by Annkatrin Jensen Bucaro, Esq., NNJLS Immigration Law Project Staff Attorney

On July 31, 2020, the Department of Homeland Security announced broad fee and fee waiver changes to immigration applications effective October 2, 2020. On the whole, fees will increase in two ways for our low-income and working-class clients: first, the fees for a number of applications are going up, and second, fee waivers and fee reductions are being eliminated for most forms, and narrowed for those forms where they still apply.

One noteworthy change is the fee for the application for naturalization. This application will increase from $640 to $1,170 and fee waivers will be eliminated with a narrow exception, creating a significant hurdle for lower income noncitizens. It is also worth highlighting that the fees for family petitions will increase where an individual applying for permanent residence may no longer include applications for work authorization and travel permission at one set price. These applications will be broken out into three separate fees beginning on October 2.

Another concern for our low-income families seeking to be reunited in the United States with other members of their family is the public charge scrutiny on admissibility. On February 24, 2020, the public charge rule went into effect posing a problem for an applicant who may receive, is receiving or has received public benefits. This rule has had a chilling effect on individuals in need of help. On July 29, 2020, a federal court issued a nationwide injunction on the public charge rule during the COVID-19 pandemic. And on August 12, 2020, the Second Circuit issued an order limiting the suspension of the current public charge rule to applications from New York, Connecticut and Vermont only. The application of the public charge rule is currently unclear for the other 47 states.

Considering the impact of the upcoming fee changes, and other weighing concerns, including the public charge rule, immigration applicants should consult with an attorney as early as possible to help navigate law that is complicated and continuously in flux.

The NNJLS Immigration Law Project helps address the immigration needs of Lawful Permanent Residents and others pursuing U.S. citizenship who are experiencing poverty and reside in Bergen, Hudson, and Passaic Counties. To contact the NNJLS Immigration Law Project, please call (201) 792-6363 or email NNJLS@LSNJ.org. 

September is National Preparedness Month -

What Legal Planning Documents Do You Need During a Disaster or Emergency?

Authored by Anna Navatta, Esq., NNJLS Director of Community Relations

You should have a Last Will and Testament. It is a document created to state your wishes as to how you want your estate distributed upon your passing. This document must be appropriately witnessed and signed. When you have a will, you decide who your beneficiaries will be. If you die in New Jersey without having a will, then you have died intestate and the State of New Jersey decides who your beneficiaries will be according to the law of intestacy. Without a will, you lose control and your personal wishes are ignored. What if you become ill or temporarily displaced from your home due to an emergency, who can handle your financial matters? You can have a Durable (Financial) Power of Attorney which authorizes a trustworthy person, your agent, to handle your financial matters. If you have this document, you do not lose your authority to act even though you have given your agent similar authority. This document protects your finances if you become incapacitated. What if you become ill and need to be taken to the hospital during an emergency, who can communicate your healthcare instructions?  You can have a Medical Decision Power of Attorney, an advanced directive for healthcare, which authorizes a person, who you select, to speak with the doctors and to help make decisions regarding your medical care, including life prolonging treatment.

Once you have these documents, where do you store them? These original documents can be stored in a safe deposit box in a bank or at home in a fireproof box. Copies of these documents should be kept in a waterproof container in your emergency supply kit. What if you are a senior and you do not have these documents, who can prepare them for you? The NNJLS Senior Law Project provides FREE legal assistance in civil matters to residents of Bergen, Hudson, and Passaic Counties who are age sixty (60) and older. NNJLS prepares future planning documents, Simple Wills, Financial Powers of Attorney and Medical Decision Powers of Attorney.  

Contact us! NNJLS is here to help: (201) 792-6363 or NNJLS@LSNJ.org. 

NNJLS Has Gone Virtual!

NNJLS is proud to celebrate National Hispanic Heritage Month and honor the many lawyers, judges, and jurists with Hispanic heritage and ancestry who help make the United States a more equitable, fair, and just country. 

From the Library of Congress, "Each year, Americans observe National Hispanic Heritage Month from September 15 to October 15, by celebrating the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America.

The observation started in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15. It was enacted into law on August 17, 1988, on the approval of Public Law 100-402.

The day of September 15 is significant because it is the anniversary of independence for Latin American countries Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September 18, respectively."

To learn more about National Hispanic Heritage Month, please click here. 

NNJLS Staff Spotlight:

Dianna Fuller, Esq.

For Dianna, NNJLS is more than just a job, it is a family: from welcoming new NNJLS staff attorneys with words of wisdom—her advice is "[t]ake advantage of the many training opportunities to develop and grow as an attorney. Don’t be afraid to think outside of the box. Ask a more experienced attorney to be your mentor."—to bringing down the house at NNJLS's annual staff picnic. 

Dianna is a solid fixture in the City of Paterson and throughout Passaic County, whether it is providing community legal education via "Know Your Rights" seminars or representing NNJLS among community cohorts and working groups, Dianna makes it her mission to spread the word about NNJLS's top-notch legal representation, highly respected staff attorneys, and the firm's commitment to educating people about their civil legal rights.

Clocking out from NNJLS does not mean Dianna takes off her superhero cape: Dianna coordinates an annual new winter coat drive called Alice’s Coats that provides new winter coats, hats, gloves, and scarves to children in need in Essex County. Dianna is also a member of her local elementary school’s home and school association that sees Dianna organize restaurant fundraisers for the school in an effort to enhance enrichment programs for students.

Dianna's passionate service and dedication to her local community continues as an Elder at her church and serving on the board for the Newark Presbytery. If Dianna's continued dedication to her neighbors and community members wasn't enough, Dianna is a well-versed thespian with experience showcasing her acting chops (Dianna's most recent role was that of Carrie Watts in “A Trip to Bountiful” by Horton Foote, produced by the Dreamhouse Theater Company).

Dianna is a graduate of Rutgers Law School-Newark (class of 1988). After law school, Dianna completed clerkships with the Honorable Alvin Weiss (retired) and the Honorable Thomas P. Zampino (retired) at the Superior Court in Essex County. Upon concluding her clerkships, Dianna went to work for Essex-Newark Legal Services (where she remained until joining NNJLS). Putting her inclination for the arts to professional use, Dianna wrote the script for and starred in a video produced by the NJ Administrative Office of Courts called “Where are my kids?” (an informational video for litigants about New Jersey’s child protection services and the child welfare process). Dianna is a former member of the NJ Supreme Court Committee on Women in Courts and currently serves on the Passaic County Domestic Violence Working Group.

Dianna is a valued and appreciated member of the NNJLS family and the firm is incredibly lucky to have her!

You're Invited:

NNJLS Pro Bono Celebration 2020

To register and purchase tickets, please visit http://bit.ly/njprobono2020.

Keep Up-To-Date on COVID-19