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QUESTION:
My
wife works for a restaurant chain in the USA, and has for about 3
years.
She speaks with an accent which anyone can tell. The problem is that on
occasion she is subjected to remarks and comments from co-workers which
I find inappropriate and shouldn't be allowed to continue from her
employer.
The comments are usually along the lines of ''Why are you here anyway?
Go back to your own country'' or ''You don't belong here and you should
leave''. This has been going on for a very long time and the
supervisors
have been told repeatedly that this situation exist. I'm sure that most
civilized people can tolerate a little kidding around sometimes, but
this
is not fun and the situation just gets worse. Is there anything I can
do?
ANSWER:
Sure,
you can bring your concerns to the attention of your wife's employer.
The
kind of conduct which you've described on the part of restaurant
patrons
is certainly not prohibited under any federal anti-discrimination laws
which I'm aware of, and I would very much doubt that any state law or
local
ordinances would apply to the kind of behavior which you've described.
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Further questions and answers: |
QUESTION:
I
have heard some friends talking about a new immigrant amnesty program
called
CSS/LULAC (Newman). Can you explain what this means and if undocumented
Sierra Leoneans can benefit from this?
ANSWER:
This
is not a new amnesty program. The CSS and LULAC (Newman) settlement
agreements
allow for those who meet certain requirements to apply or reapply for
Temporary
Resident status under the 1986 amnesty program of Section 245A of
Immigration
and Nationality Act.
Eligible
individuals may apply by submitting a Form I-687, Application for
Status
as a Temporary Resident under Section 245A of the Immigration and
Nationality
Act, and a CSS/ LULAC (Newman) Class Membership Worksheet.
QUESTION:
What
are the basic requirements to be eligible for CSS/LULAC settlement
agreements?
ANSWER:
1)
You had to live in the United States unlawfully from before January 1,
1982, to a date between May 5, 1987, and May 4, 1988, when you went to
an office of the Immigration Service or a Qualified Designated entity
to
apply for legalization.
2)
You, your parent or your spouse visited an INS office or Qualified
Designated
Entity between May 5, 1987, and May 4, 1988, to apply for
legalization.
3)
The INS or QDE told you that you were ineligible for legalization
because
you had traveled outside the United States without INS permission. You,
your spouse or your parent returned to the United States with an
immigration
issued document such as a Student Visa, Visitor Visa or some other
Immigration
issued document.
4)
You do NOT need to have previously "registered" as a LULAC class member
or even had a completed application. However, you did need to go the
QDE
in the specified time period.
QUESTION:
What
type of evidence would one need to present in order to to win
under
this LULAC Settlement agreement?
ANSWER:
Clearly,
many people do not have the original documents, or even any stamped
documents
from Immigration. Usually, if the former INS had rejected the
application
because of what is known as 'front-desking', the person was just turned
away. Thus, it is not possible in many instances for an applicant to
prove
that they were rejected. However, the LULAC settlement specifically
states
that persons who fall under this settlement may establish eligibility
for
legalization by way of declarations, and not only by original
documents.
The settlement also provides class members the right to appeal to a
"special
master," a judicial officer with the authority to correct the CIS's
errors
in the event the agency does not decide a class member's legalization
application
promptly, fairly, and in accordance with the settlement's guidelines.
QUESTION:
When
can I apply for this?
ANSWER:
The
settlement provides that CIS must begin accepting legalization
applications
no later than May 24, 2004, but the government might decide to begin
the
one-year application somewhat earlier. This means that individuals will
now have until December 2005, to apply for legalization under the
settlement.
QUESTION:
Are
there other previous amnesty related provisions that this settlement
agreement
is applicable toward?
ANSWER:
Catholic
Social Services is another program that is applicable to this
settlement
agreement. There are a couple of differences. First, you would have had
to travel outside the U.S. without authorization after November 6,
1986.
Second, you returned to the U.S. without permission.
Therefore,
since it has been extended, do not let the deadline pass again if you
qualify.
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