What Sarasota Immigrants Need to Know About Affordable Care Act

Sarasota immigrants are asking what the new Affordable Care Act means for them.  ImmigrationSarasota.com decided to investigate.

Source: www.komu.com

Overview

The Patient Protection and Affordable Care Act, passed on March 21, 2010, is the largest overhaul of the United States’ health care system since 1965[1].  Its purpose is to reduce the cost of health care and increase the number of Americans with health insurance.  One of the ways it achieves these goals is through the “individual mandate,” a provision that requires anyone who is legally present in the US to have health insurance or face a penalty to be assessed in their taxes.

“The individual mandate goes into effect on January 1, 2014 and applies to all those legally present in the US,” says Victoria Jaensch Karins, president of the Central Florida Chapter of the American Immigration Lawyers Association and attorney at Jaensch Immigration Law Firm.  “This includes those on temporary visas such as F-1 student visas, E-2 investor visas, and H-1B work visas,” she continues.

This means that all legal US immigrants, including those on temporary visas, will have to buy health insurance if they don’t have it already.

“Immigrants should be made aware so they can make the appropriate preparations,” said Peter Matthiessen, CEO of Deusa Group and a licensed insurance agent in California, Florida, Texas and Georgia.  “They should also be advised not to buy a foreign health insurance policy.  Most US medical providers don’t accept them,” he continued.

According to Taylor Tollerton, partner at Professional Benefits, Inc., Sarasota’s leading insurance group, immigrants should also know that, “some health insurance companies don’t offer coverage to legal residents if they have not been in the U.S. for longer than 6 months.”  She added that, “utilizing experts in the industry to help navigate your way through is vital.”

Exchanges

The Affordable Care Act establishes healthcare exchanges for insurance providers and consumers.  Temporary and permanent immigrants are eligible to participate in the exchanges.

Contact Information

Peter Matthiessen is the CEO of Deusa Group.  For the past 17 years, Deusa Group has specialized in this very complex insurance matter pertaining to foreign nationals entering or living in the USA.  Insurance outside the USA is also offered.  Every situation is different and requires a solution on a case by case basis.  Inquiries are welcome at any time – pm@deusagroup.com.

Founded in 1979 by Jim Tollerton, Professional Benefits Inc. (PBI) is Sarasota’s leading independent insurance group serving the community with insurance plans for individuals and employers by helping to establish employee benefits, executive compensation programs, and succession plans. In 2007, Mr. Tollerton partnered with Taylor Tollerton Collins and formed a second division of PBI with Benefits and Planning, Inc. managed by Mrs. Collins. Professional Benefits serves several local organizations including: Education Foundation, Sarasota Memorial Healthcare Foundation, First Step of Sarasota, Argus, and the local National Association of Insurance and Financial Advisor chapter.  Mrs. Collins is available for interview.

Additional Resources

• How an Undocumented Alien Can Get Insured
• Foreign Health Insurance Companies Will No Longer Be Able to Offer Policies to American Residents

[1]“Patient Protection and Affordable Care Act.” Wikipedia: The Free Encyclopedia. Wikimedia Foundation, Inc., date last updated (24 October 2013). Web. Date accessed (24 October 2013). <http://en.wikipedia.org/wiki/Patient_Protection_and_Affordable_Care_Act>

Sarasota Immigrants Can Use EAD Cards as Primary ID

Sarasota immigrants can now use the new Deferred Action for Childhood Arrivals (DACA) card as a primary form of identification at BB&T Bank.  Also known as the U.S. Employment Authorization Document (EAD), the DACA card and a tax-identification number will allow any Sarasota immigrant to open up an account with BB&T.  The Winston-Salem, North Carolina-based bank is one of the first financial institutions in the country to accept this form of identification.

BB&T Locations

The DACA program launched in August 2012 and allows children of undocumented immigrants to remain in the country for two years and to apply for the U.S. Employment Authorization Card.  These individuals must have entered the United States as children and meet several key guidelines to earn the deferral.  U.S. Citizenship and Immigration Services (USCIS) statistics show more than 260,000 people have been approved for the DACA card and the number is growing rapidly.  More information on the DACA program can be found on our website, DeferredActionFlorida.com, or by contacting attorney Victoria Jaensch Karins: 941-366-9841.

ImmigrationSarasota.com sat down with local BB&T representatives Abigail Collins and Rossana McConahay to learn more.

IS.com: Please tell me more about this new program.

Abigail Collins/Rossana McConahay: BB&T now accepts EAD cards as primary IDs.  This allows us to help more people in an important and growing demographic that is sometimes under-served financially.  We hope to offer an opportunity for EAD holders to open bank accounts with us.  In addition, we offer comprehensive educational resources and bilingual staff in many of our banking centers.  This allows BB&T to achieve our mission, which is to help our clients achieve economic success and financial security.

IS.com: EADs have existed for a while, how is this policy different from before?

A.C./R.M:  In the past, our clients were asked to present a visa or a social security card with their EAD.  Since people who apply for DACA have neither, this made it very difficult to open a bank account.

IS.com: What is the biggest obstacle you face in serving this perennially under-banked community?

A.C./R.M: Some members of the Hispanic community believe that providing their information puts them at risk for deportation.   That’s why our bilingual staff members do our best to make our clients feel like they are a part of our family.  We also urge them to tell their friends and family about their experiences with us.

IS.com: You also provide extensive educational material…

A.C./R.M:  Yes, we believe in building a strong relationship with our clients and empowering them to make their dreams come true.  BB&T e provides free educational material on topics such as education, getting a driver’s license, the world of work, how to prepare for an emergency, and the U.S. healthcare system.  We want our clients to have the knowledge they need to be successful in this country.

BB&T Representatives Abigail Collins and Rossana McConahay

Feel free to contact Ms. Collins or Ms. McConahay for more information.  Their office is located at 1201 South Tamiami Trail and their phone number is 941-366-5463.

Inmigrantes en Sarasota ya pueden usar los permisos de trabajo para abrir cuentas bancarias

Inmigrantes en Sarasota ya pueden usar la nueva tarjeta de Acción Diferida para los Llegados en la Infancia – Deferred Action for Childhood Arrivals (conocida como DACA por su sigla en inglés) como una de las principales formas de identificación para las personas que no sean ciudadanas estadounidenses.  Esta tarjeta, a la que también se le llama Tarjeta de Autorización de Empleo en Estados Unidos, y un número de identificación para el pago de impuestos, permitirán que cualquier persona pueda abrir una cuenta en BB&T, una de las primeras instituciones financieras del país en aceptar este tipo de identificación.

El programa DACA fue lanzado en agosto de 2012 y permite que los hijos de inmigrantes indocumentados permanezcan en el país durante dos años y que soliciten la Tarjeta de Autorización de Empleo en Estados Unidos.  Estas personas deberán haber ingresado en Estados Unidos siendo niños y deben cumplir varias estipulaciones clave para obtener el aplazamiento.  Estadísticas del Servicio de Inmigración y Ciudadanía de Estados Unidos (USCIS por su sigla en inglés) muestran que más de 260,000 personas han sido aprobadas para la obtención de la tarjeta DACA y esa cifra sigue en aumento rápidamente.  Se puede encontrar más información sobre el programa DACA en la página de internet del USCIS.

Florida College Presidents To Congress: Pass Immigration Reform

This article is reposted from Miami radio station WLRN’s website.

Florida college and university presidents are calling on Congress to pass immigration reform this year, saying it would be better for the state’s economy if foreign students could stay after graduation, instead of being forced to take their diplomas and leave.

The “brain drain” of U.S.-educated foreign students is worrying economic and education leaders who say the students soon become competitors.

Enlarge image

Credit Florida Immigrant Coalition

 

In a conference call with reporters Monday, University of Miami President Donna Shalala said a high percentage of non-citizens earn degrees in the high-paying STEM fields – science, technology, engineering and mathematics – and then depart.

“Half of all of Ph.D. and masters students in the STEM fields in our research universities are students who come from other countries,” Shalala said. “Many of them would like to stay, and we need immigration reform to give them that opportunity and to capture the talent that we’re educating.”

In a Sept. 16 letter to Florida’s Congressional delegation, Shalala and the other presidents wrote that in 2009, 53 percent of students earning masters or doctoral degrees in STEM fields from Florida’s research-intensive universities were non-citizens. More than 60 percent of students earning recent doctorates in engineering were non-citizens.

“As soon as we hand them their diploma, we also basically are handing them an airline ticket and saying, ‘Thanks very much for coming here – go home,'” said Ed Moore, president of the Independent Colleges and Universities of Florida.

What’s worse, he said, is that those students usually end up working for Florida’s competitors in the global economy.

“Say they’re from China. They may end up being hired by a company in Brazil or a company in Italy or a company in England,” Moore said. “They go there and work to compete against American industry on the global market. It makes absolutely no sense.”

The Democratic-led U.S. Senate passed a comprehensive immigration reform bill in June. It includes a path to citizenship for millions of illegal immigrants, a temporary worker program and more visas for skilled non-citizens. But the measure is stalled in the Republican-led House of Representatives.

Conservative opposition is fierce. Florida Sen. Marco Rubio, who has played a leading role in the debate, was booed at the Americans for Prosperity conference in Orlando last month, taking the stage to shouts of “No amnesty!” – a reference to allowing illegal immigrants to become U.S citizens.

But Anthony Catanese, president of the Florida Institute of Technology, said he doesn’t see the issue as a political one.

“Getting these young people to the highest level of American technological education and then making them return – I think we should see that as a non-controversial reason for getting the STEM graduates, especially at the graduate level, to have an opportunity to work for the United States and put them on a path toward citizenship,” Catanese said.

In their letter to Florida’s U.S. House members, the presidents noted that a recent study by the Partnership for a New American Economy and the American Enterprise Institute found that for every 100 foreign-born graduates of a U.S. graduate program who stay in the country, working in a STEM field, 262 jobs are created for American workers.

“Immigrants are more than twice as likely to start a business, and immigrant-owned businesses in Florida generate about $13.3 billion in income for the state each year,” they wrote. “But in Florida our share of foreign-born STEM advanced degree holders working in STEM fields decreased by 17 percent between 2000 and 2010.”

Moore said that many House members have said they have too many other issues on their plates to deal with immigration reform.

“That’s nonsense,” he said. “I know they’re busy in Syria and all these other issues, but immigration should stay on the front burner of Congressional action this year.”

News on Comprehensive Immigration Reform, Amendments, DACA Statistics

Comprehensive Immigration Reform Survives Early Test:

On June 11th, the U.S. Senate voted to move the “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744), the comprehensive immigration reform bill drafted by the “Gang of Eight,” to the floor for debate, where it is expected to face dozens of amendments in the coming weeks. The final vote to begin debate on the landmark legislation was 84 in favor and 15 against.

http://www.natlawreview.com/article/comprehensive-immigration-reform-proceeds-to-senate-floor-heated-debate-expected-to-

Sen John Cornyn (R-TX, Minority Whip) introduces “RESULTS” amendment which would have strengthened border security.  It is eventually opposed and dropped.

Mayor  Bloomberg announces support for immigration reform for students.

John Boehner and Marco Rubio met to discuss reform last week.

The divide between the Republican Party on immigration reform was highlighted on Friday during the annual Faith and Freedom conference in Washington, D.C.

Former Florida Gov. Jeb Bush argued for immigration reform, stating that more legal immigration would add to the American workforce and create more revenues from payroll taxes.

However, U.S. Rep. Michelle Bachmann, R-Minn., argued at the same meeting that passing the immigration package currently on the table would be a mistake.

Meanwhile, on Saturday, the Obama administration celebrated the one-year mark of the Deferred Action announcement, an executive order that announced that thousands of undocumented youths would be allowed to stay and work in the U.S. if they met certain requirements.

New Deferred Action Statistics Released:

These newly-released USCIS statistics on DACA cases from August 15, 2012 to May 31, 2013 indicate a decline in DACA applications; the statistics show 520,157 DACA applications accepted for processing, 507,301 biometric services appointments scheduled, 365,237 requests approved, and 3,816 requests denied.

Supporting Latin Empowerment with UnidosNow

Last Friday, a representative from Jaensch Immigration Law Firm attended UnidosNow’s inaugural “Gala de las Americas” in Bradenton’s Municipal Auditorium.  The Gala featured leaders from Southwest Florida and UnidosNow who spoke about the strength and potential of the Latin community.  The keynote speaker was Marco Davis, Acting Director of the White House Initiative on Educational Excellence for Hispanics.  He spoke at length about the many endeavors the White House is undertaking to improve the educational opportunities of Hispanics.  Marco Davis’ presence and the event itself were testaments to the leadership of UnidosNow.

Jaensch Immigration Law Firm was pleased to support the event by sponsoring a student for UnidosNow’s Florida Leadership Academy.

White House representative Marco Davis was the keynote speaker.

 

 

The Gala featured some great entertainment including this Mariachi Band

 

Deferred Action Statistics up to October 10, 2012

We would like the share the latest statistics on Deferred Action:

Deferred Action applications accepted for processing: 179,794
Number of biometric services appointments scheduled: 158,408
Number of Deferred Action requests under review: 6,416
Number of requests approved: 4,591

Sarasota Immigration Attorney Victoria Jaensch Karins

Deferred Action Applicants Only Need to Enter Official Social Security Numbers

The I-765 and Social Security Numbers

More good news.  Deferred Action applicants who are filling out question 9 on the I-765, Work Authorization Application, DO NOT need to list and Social Security numbers that were not officially issued to them.

We understand that many of those who entered the US without inspection attempt to use a false Social Security number in order to work.  We have received many questions regarding this issue and how to answer question 9 in the I-765.  Previously, it was difficult to say since we wanted applicants to be as forthright as possible.  But every Deferred Action applicant is declaring themselves as having entered the country without inspection.  Using a false Social Security number in addition could have been a disqualifying factor.  We were advising clients on a case-by-case basis.  For example, we examined whether they had a criminal record or any other potential problems before we advised them on listing or not listing their Social Security numbers.

This ruling takes the issue off the table and makes it simpler to fill out the I-765 and to advise on the rest of the application.  We are glad to see this new policy take effect and hope that it attracts more qualifying individuals to apply for Deferred Action.

UnidosNow Monta Una Nueva “Conozca Sus Derechos” Sobre Accion Diferida

Organización pro-inmigración, UnidosNow, ofrece nuevo foro informativo sobre la Acción Diferida y la manera de solicitar. Va a ocurrir el 8 de septiembre, 2012 y habrá dos sesiones, a la 1 y las 4. La dirección del encuentro es 8350 N. Tamiami Trail, Sarasota, 34243.

Abogados de defensa criminal e inmigración, empleados de USF y representantes de UnidosNow presentatarán del tema de la Acción Diferida y responderán a preguntas.

El último encuentro así fue un éxito con mas de 300 personas en asistencia! Esperamos que venga tanta gente y más esta vez.

El Evento Conozca Tus Derechos Accion Diferida

Those Granted Deferred Action Can Apply for Advance Parole!

Sarasota Immigration Attorney Victoria Jaensch Karins

The granting of Deferred Action does not lead to any status or path to permanent residence. However, the USCIS has stated that those who are granted Deferred Action will be able to apply for a travel document called “Advance Parole” if they can show a good reason for the need to travel (e.g. humanitarian, education or work related).

This is a potentially great benefit to those who entered without inspection (EWI) and are married to US citizens. EWI’s married to US citizens are not currently eligible to obtain their green cards in the U.S. They must apply from their home country. Usually the return to the home country triggers the 3 to 10 year bar.

But now, people who are “paroled” in the U.S. based on the advance parole documents ARE eligible to obtain their green cards in the U.S.

Therefore, a person granted deferred action who also receives an advance parole would be able to obtain their green card through their US citizen spouse in the U.S. within 3-4 months of filing and would not require a waiver application.

I do not advise anyone who is granted Deferred Action to leave the U.S. with a travel document before first confirming that they will be able to come back to the U.S. In the coming months, we will see how this issue plays out.

Deferred Action-Why Hire an Immigration Attorney

Sarasota Immigration Attorney Victoria Jaensch Karins

We understand that many people would like to apply for deferred action on their own rather than take on the cost of hiring a lawyer. Deferred Action is a very new policy and it has the potential to help many people and we welcome all who wish to apply to do so as soon as possible.

We would also like to inform all potential applicants that if your Deferred Action application is denied, there is no possibility of appeal. This means that you only get one opportunity to qualify so please make sure that your application is as complete as possible.

While denial will not cause immediate placement into deportation proceedings – USCIS will not share information on Deferred Action applicants with Immigration and Customs Enforcement (ICE) – there will still be a general risk of deportation. The fact remains, if you entered without inspection or overstayed your visa the government can place you in deportation proceedings at any time.

If you choose to apply on your own please be careful. If you choose to seek help please make sure that the person you ask for help is a genuine immigration attorney. Many “notarios” will offer to complete and submit an application on your behalf for a fee. They are not fully trained legal professionals and may be trying to defraud you.

Some may remember the provision of law Section 245(i). This policy allowed people who entered the country illegally or were otherwise unqualified for Adjustment of Status to ‘get legal” in the U.S. (through family or employment categories) by paying a penalty fee of $1,000. It expired in 2000, but Congress passed a short extension between December 2000 and April 30, 2001.

Many semi-legitimate institutions appeared overnight. These places filed many fraudulent or frivolous applications for a fee. Sometimes they charged a fee and filed nothing.

Do not endanger your chance to qualify for Deferred Action. Make sure that the person you hire to help you is an immigration attorney.

Related Articles:

• Latest Deferred Action Q&A
• USCIS Will Begin Accepting Deferred Action Applications!
• Los requisitos de Accion Diferida

New Employment Authorization Form to go with Deferred Action

Jaensch Immigration Law Firm recently received a corrected practice advisory regarding the employment authorization form that will be filed with Deferred Action applications. The earlier procedure erroneously linked the Deferred Action application to the current Form I-765 (Application for Employment Authorization) and advised that this form should be filed concurrently with the deferred action application.  However, USCIS has said not to use the current form.  USCIS expects to make available a new employment authorization application form on August 15, 2012.

In Related News: Underestimating Deferred Action (from ILW.com)

Related Articles:

• Latest Deferred Action Q&A
• USCIS Will Begin Accepting Deferred Action Applications!
• Los requisitos de Accion Diferida