INTO THE NAKED CITY - Part 1
Reprinted with the permission of Ronnie G. Alejandro; Pinoy Guide to the Big Apple
Copyright 1992 Reynaldo Gamboa Alejandro and Dr. Gloria G. T. Syquia.
Up to this point, you have been nothing more than a tourist in New York. Now, you have decided to stay. How do you go about installing yourself among its more than nine mlllion other residents? How do you become one of the nine million stories in the Naked City? First things first!
Your Status
YOUR VISA
Are you a tourist? An immigrant? Or a TNT (Tago ng tago)?
In any case, get yourself a copy of Loida Nicolas Lewis's 101 Legal Ways to Stay in the USA or How to Get a Green Card According to the Immigration Act of 1990 (New York: Bookmark, 1992). The book ($24.95) may be ordered by mail at Bookmasters, Inc., P.O. Box 159, Ashland, Ohio 44805 (Toll Free: 1-800-247-6553). Credit card or check accepted.
Look for a reliable lawyer (ask your friends or relatives or check for advertised listings in local Filipino newspapers).
Attend the Orientation Seminar for Newly Arrived Filipinos to the USA sponsored by the Consulate General of the Philippines and held every two months. Call the Philippine Consulate General in New York at (212)764 1330 for further information.
Marry an American citizen. There were more than 100,000 American citizens married to aliens in 1991 per records of the Immigration and Naturalization Service (INS). While the majority are legitimate love matches, some vows were exchanged for the sole purpose of circumventing the current laws of the U.S. Foreigners, who pay as much as $8,000 to marry an American, find willing mates through friends, marriage brokers, and other intermediaries. But few of these couples actually live together.
MARRIAGE FRAUD
Marriage fraud does exist, but it's gotten tougher for people to pull it off. The Marriage Fraud Act of 1986 requires a marriage of at least two years' duration before the alien-partner can be granted permanent residence status. Ninety days before the second year of marriage, the alien and spouse must jointly petition the INS to change the alien's conditional status to a permanent residency. At that time, they are interviewed by the INS to determine the marriage's validity. The interview can be rigorous or rote, depending on the interviewer. Some just ask for the wife's address. There was an incident of an English banker and her husband, legitimately married, who were interrogated on everything from their sex life to food preferences. If you're a 55-year-old Filipina married to a 19-year-old Bostonian, there are going to be questions. A wide disparity in education, background, and occupation also sets off bells; so do courtships that last no longer than the time it takes to say "I do." In real life, couples must provide evidence of cohabitation (e.g., photos, joint bank accounts and credit cards, utility bills or mortgage records). Basically, the INS expects a marriage intended for continued existence. The penalty for marriage fraud calls for arrest and immediate deportation. Americans can also be prosecuted as accomplices in crime.
RIGHTS OF THE UNDOCUMENTED
All persons in the U.S. have certain basic rights which stem from the Constitution of the U.S. and immigrations laws and must be respected by the INS. Undocumented immigrants, though, have very few rights. That fact alone makes it essential, if you are one of them, for you to know and exercise these rights.
Right to Refuse Entry into the Home.
Unless the agent has a valid warrant signed by the judge, you can refuse to open the door or can close the door after discovering that the agent does not have a valid warrant, refuse to speak with immigration agents or answer any questions, refuse to show any documents unless the agents have a warrant listing all the documents that should be shown. Contact an attorney immediately when an agent enters your home by force or without a search warrant.
Right to Remain Silent.
If stopped or detained on the street, you have the right to remain silent and you need not show any documents. If the immigration agent makes an arrest, do not give any statements which can be used against you in deportation proceedings. Insist on speaking to an attorney. After an arrest, the INS must give you a list of attorneys to provide you free legal service if you are unable to afford the services of a private attorney.
Rights at the Workplace.
To enter the workplace, the INS agent must have a validly acquired search/arrest warrant, or the employer's permission. Remain silent and demand the right to speak to an attorney (any information given the INS agents may be used against you in deportation proceedings) should the INS agent enter by force and make an arrest.
Right to Refuse to Sign Any Document.
Do not sign your name on any document without knowing the possible consequences of your signature, such as giving up certain rights (waiver) or agreeing to return to your country (voluntary departure).
Right to Medical Treatment.
Publicly funded hospitals are required to provide emergency medical services regardless of the patient's immigration status. Eligibility for health benefits is complicated, so seek advice from a community agency or attorney. In general, pregnant women, regardless of their status, are entitled to Medicaid. Undocumented parents can apply for public benefits and Medicaid for a U.S. citizen-child.
Access to New York City Services.
NYC employees are not to inform the INS of any persons seeking city services. If you require police or fire protection, help with consumer fraud or landlord abuses, as well as other services, you should seek assistance.
IMMIGRATION ACT OF 1990
U.S. citizens or legal permanent residents can sponsor relatives for permanent residency if they are:
Immediate relatives of U.S. citizens, i.e., spouse, minor children, and parents of a U.S. citizen if the U.S. citizen is over 21 years old;
Other relatives, i.e., unmarried adult sons and daughters of both U.S. citizens and permanent residents, spouses and minor children of permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens if the U.S. citizen is over 21 years old.
10,000 special immigrants per year including some religious workers;
10,000 investors per year if they invest at least $1M into an enterprise and create full-time employment for at least 10 U.S. workers;
Extra visas will be available in 1992, 1993, and 1994 to spouses and unmarried children under 21 of newly legalized immigrants who took advantage of the legalization program provided by the Immigration Reform and Control Act of 1986;
In 1995 and beyond, 55,000 "diversity" visas to natives of countries with low rates of immigration to the U.S. in the previous five years. Those countries will be determined yearly.
Get a city map, subway and bus maps. Then get a copy of the NY Times Classified Ads section, preferably the Saturday or Sunday editions (Real Estate Section), which carry more listings than weekday editions.
Locate the community where you live in the map. Perhaps you want it somewhere close to where you work, or where friends and relatives live, or accessible to a subway station or bus route.
Check the classified listings for that community. Note that under Apartment," choices are listed into "Furnished" and "Unfurnished" and by borough location. Within each borough, listings are further classified by neighborhoods. There are also lists for "Rooms," both furnished and unfurnished. Don't bother with the listings for Cooperative Apartments (Co-Ops) or Condominiums: they are pricier and demand tons of paperwork-bank references, employer references, personal histories, etc., that you cannot be bothered with at the moment.
Circle listings that seem to fit your needs. A word of caution: a listing can be written with liberal use of attractive adjectives. How it is described may not exactly match how it really looks. The telephone numbers indicated may refer to the private owner of the property, or to a renting agency, or to the managing agent of several large rental corporations which manage their own buildings. Call for an appointment.
Managing agents do not charge a fee. A renting agency employs brokers or agents who serve as the middlemen between a landlord and client (you). Their usual fee is 10%-15% of the first year's rent. This is paid only when you actually sign the lease to rent the apartment. Some persistent apartment hunters work with several agencies at the same time.
Focus on a furnished apartment or a furnished room. This saves you the substantial costs of (and shopping time for) a bed, refrigerator, clothes drawers, chairs, a kitchen table, etc.
On the way to see the place, survey the immediate area. How far away is the train station? The bus stop? Where are the shops? The bank? The laundromat?
Does the neighborhood look safe? Unless you have the money to spend, the perfect New York apartment is non-existent. You have to make compromises. The "studio" unit that you fancy is only three blocks from your hospital, but will you be happy without a separate bedroom? The one-bedroom unit with a grand view from the living room, in a secure-looking building along a tree-lined, well-lit street, makes your heart swoon. But the rent will take a third of your monthly income. Can you live on the rest?
Name and address of the landlord
The address and dwelling unit leased
Amount of rent
Payment dates of rent
Commencement and expiration date of lease
Amount and nature of deposit
Get a new set of locks installed. If the landlord has done so already, he should hand over to you the spare set of keys.
Install smoke detectors. They are sold in hardware and electronics shops.
Rent Stabilization. The rent stabilization program in NYC generally applies to apartments in buildings with six or more units built between February 1, 1947 and January 1, 1974. Rent stabilization limits the rent an owner may charge for these apartments and sets maximum rates for rent increases once a year. They are effective for leases beginning on or before October 1st each year. Under this program, tenants receive basic housing and sanitary services, have their leases renewed, and cannot be evicted except on grounds allowed by law.
Security Deposits. A security deposit, usually equal to one month's rent, is money that is received from the new tenant and set aside by the landlord. The deposit goes toward the repair of any damages to the apartment that the tenant may be responsible for. At the end of the lease the owner must return the full security deposit, with interest, if no damage was done to the premises.
Protection. Call DHCR for more information or assistance. Staff members at all Rent Offices are available to assist disabled persons and tenants threatened or harassed by landlords.
Senior Citizens. The law grants certain protection and rights to tenants who are senior citizens. If the NYC tenant or tenant's spouse is 62 years of age or over, the combined household income is $15,000 per year or less, the senior citizen-tenant may apply for the Senior Citizen Rent Increase Exemption program (SCRIE). This program exempts the tenant from future rent guideline increases and fuel cost adjustments. To apply for SCRIE, the tenant of a rent-stabilized apartment must file an application with: NYC Dept. of Housing Preservation and Development, Division of Rent Policy and Regulation, 150 Williams St., 4th Flr., New York, NY 10038, 212-240-7000.
Have at least one steady source of income in your family.
Have enough savings to cover the ma30rity of the down payment.
Have basic knowledge of home maintenance and repalr In order to defray contractor costs.
Fixed Rate maintains a steady interest rate throughout the entire term of your loan;
Adjustable Rate has a fluctuating interest rate that depends on outside indicators. With this kind of mortgage it is preferable to have a "cap" that limits how high the interest rate can rise in any one year and a ceiling on how much the loan can bear.
An employee can be sponsored if the employer can establish that there is a shortage of workers in a particular field of work, or that the immigrant employee possesses skills needed by the employer and not readily available in the general pool of legal residents and U.S. citizen job applicants.
Other provisions for permanent residency status of the Immigration Act of 1990, starting October 1, 1991:
Check with the Immigration and Naturalization Service (INS) office to determine if you or your family members are eligible for one of these categories.
A Green Card is an alien registration card issued by the INS to those admitted as permanent residents or whose status were adjusted to permanent resident. It should be carried at all times, and the registration number written down in case of loss. The card is issued within six months of applying. Call INS for Form G-731, "Inquiry Concerning Status of I-551 Residency Receipt Card."
FAKE IDENTITY CARDS FOR ALIENS
The Immigration Control and Reform Act of 1986 requires employers to ask new workers for proof of citizenship or legal residency. Resident aliens will be issued new green cards which will be counterfeit-resistant. Soon, card verification machines will be installed where employers will punch the number on a prospective worker's green card into a computerized data base that would certify the validity of the card. Under the 1986 law, an illegal alien is subject to penalties ranging from a line of $250 to six months in prison. There are 29 documents that can be used in various combinations to satisfy the law, including a dozen issued by the immigration service itself. Others include Social Security cards, drivers' licenses, and even school report cards for those under 18 years old.
BECOMING AN AMERICAN CITIZEN
An applicant becomes eligible for U.S. citizenship five years after he receives permanent residency status. Once eligible, he can proceed to the INS office at 26 Federal Plaza (Manhattan) to fill out Form #400.
Some Migration Background on New York
From the days when New York was still New Amsterdam, the city has always been a melting pot. Fr. Jogues, a French Jesuit missionary to the Mohawk Indians, revealed that he was amazed to find 18 nationalities in a colony øf less than 1,000. The American Revolution attracted fighters from France. The Louisiana Purchase in 1803 and the construction of the Erie Canal in 1817 brought immigrant laborers, mainly Germans, English, and Protestant Irish, and a great majority of them first landed in New York. The first western European arrivals were artisans and craftsmen forced out of work by the Industrial Revolution, the disaster of the potato famine, and religious persecution in Europe.
To curtail the influx of immigrants, the Origins Quota Act was passed in 1921. The quota, based on 3% of the nationality in the country at the time of the 1910 census, was weighted heavily in favor of the British, Germans, Irish, and Scandinavians. The depression of 1930, coinciding with the migration of persecuted Jews in Europe to America, the relaxation of the exclusion of the Chinese quota in 1943, and further loosening of the quota based on the country's job needs in 1952 kept the ethnic profle of the country constantly changing. During the '60s through the '80s, with the recovery in Europe and restrictions in Communist countnes, half of the migration quota to America wasfilled by Asians, Latin Americans, and Caribbeans.
New York was transformed. The Chinatown of elderly bachelors became a borough-wide community of 90,000 in the space of two decades. The Jamaican population mushroomed from 11,000 to 93,000. New York's disaffected Soviet Jews were 75,000 strong seven years later. In the '70s and '90s, the city's political refugees also included thousands of boat people from Haiti, Cuba, and Vietnam. Today, one of every three New Yorkers is foreign-born. New York's remarkable new immigrants cluster around occupations and businesses almost to the point of stereotype. Korean greengrocers, Indian newsdealers, Israeli boutique owners, and Hasidic camera and electronics discounters have changed the retail face of the city. NY's famous garment industry now depends on Chinese, Cuban, and Dominican sub-contractors with cutters, sewing machine operators, and porters courtesy of the Caribbean, Hong Kong, and Latin America. Gotham's health services are in the capable hands of Korean, Indian, and Middle Eastern physicians, with many nurses from the West Indies, Korea, and the Philippines. Korean and Indian pharmacists have filled an important health gap. The legendary NY cabbie is likely to be a Soviet refusenik, a Haitian refugee, or a Latino emigrant, while limousine service is provided by Israelis. The cuisines of the Middle East, the Far East, and the Caribbean have changed the eating habits of the city from fast food to high-price trendy. The new ethnics, like the old ones, are reshaping the city in their own image and changing themselves in the process.Getting Settled
ANSWERS TO YOUR QUESTIONS
The New York State Office of the Ombudsman responds to, mediates, and resolves problems relating to the state government. Regional representatives throughout the state can answer your questions. Call the hotline number, state your calling number, and explain your situation. Questions can range from the rights of tenants to obtaining a driver's license. Hotline: 1-800-828-2338.
The Office of the Mayor provides referral services regarding New York City government agencies through its Office of Constituency Affairs, which acts as the mayor's liaison to the city's diverse communities. Issues can include acquiring business permits, consumer protection, and benefit programs for the family.
Constituency Offices:
Latino Affairs-212-788-2720 Asian Affairs-212-788-2694 Caribbean Affairs 212-788-2942
Questions relating to the federal government such as immigration, Medicare, and obtaining a Social Security card can be referred to the Federal Information Center at 1-800-347-1997. State your problem so they can direct you to the right agency.
For specific immigration problems or questions, call the Immigration and Naturalization Services (INS) at 212-206-6500. A recorded message, available in English and Spanish, will explain general immigration information that may answer some of your questions. The INS New York City office at 26 Federal Plaza is open daily, 7:30 A.M. - 4:45 P.M. Because of long lines, it is best to get there early in the day.
The New York Immigration Hotline provides telephone counseling on immigration issues. If you have difficulty in the English language, hotline assistants can help you in Cantonese, Mandarin, French, Haitian Creole, Hindi, Punjabi, Urdu, Japanese, Korean, Portuguese, and Spanish. New York City: 718-899-4000. Outside New York City: 800-232-0212.SOCIAL SECURITY CARD
Social Security cards are a valid source of identification and are issued by the Social Security Administration. Call 1-800-772-1213. Social Security numbers are essential when applying for jobs, schools, credit cards, most government services, etc.
HOUSING
Can you get housing if you are an undocumented alien? Yes. Public and private housing are available to all. Whether planning to rent an apartment or purchase a house, your legal status will not be questioned as long as you show ability to pay rent or mortgage payments. However, banks require many proofs of identification in dealing with applications for a mortgage, including legal documentation. Also, landlords may ask for a Social Security number to check credit and employment history.
Public housing assists lower income families to obtain affordable housing. For eligibllity requirements, write to: Applications Information Office, New York City Housing Authority, 5 Park Place, New York, NY 10007, 212-306-3110. Hunting for a place.Temporary quarters are perhaps your first need. Ask around for a room that a co-worker is willing to share while you look for your permanent shelter. Here are some steps:
The lease.
While hunting for your apartment, bring your checkbook along. If the gods like you, the first place you look at may be to your liking. Review the lease carefully before signing it. It should contain the following information:
Some leases are made orally rather than in writing, such as the month-to-month rental of a unit. A written lease is advisable in order to avoid misunderstanding. It is standard practice for the landlord to be paid the first month's rent in advance. In addition, another check is issued as a security deposit, representing one or two months' rent. If a rental agent is involved in the transaction, he gets his 10%-15% commission for finding you the apartment.
More guidelines from the NY State Bar Association. After the lease expires and the tenant decides to move out, the landlord may apply prepaid rent and security deposit to unpaid rent and damages done to the property. There may be "clauses" or additions to the standard printed lease. If you do not understand or do not agree with anyone, discuss it with the agent or landlord. Once you sign the lease, you are legally bound to all that is written on it. Bargain rentals.As more and more immigrants choose to begin their new lives in New York City, many seek neighborhoods where large numbers of their fellow countrymen have already settled in. One result: shops have sprung up that cater to their distinctive needs.
If you visit one of their grocery stores, for example, you'll find a multitude of photocopied notices tacked on the windows, behind the cashier, on the doorways. Among them are listings of neighborhood apartments and rooms for rent. Many are posted by owners of private homes who have an extra furnished room available. Others seek a roommate to share costs of rent and utilities. Similar notices can be found in music stores, restaurants, real estate and travel agency offices along the streets. Rates for such rentals are more reasonable, if not bargain-priced, than for the same types advertised in newspapers. Terms are negotiable. After all, you speak the same language, don't you? The landlord should be more agreeable to short-term leases or month-to-month rentals because they understand you are just settling in. They went through the same process not too long ago.Before you move in:
What are your rights as tenant?
The following are some of your rights as tenant. For further information, call the Rent Hotline at 718-739-6400, which is administered by the New York State Division of Housing and Community Renewal (DHCR).
Where can you call if you have housing complaints? Complaints about the health, safety, and sanitation standards, as well as the physical maintenance, of housing, including heat and hot water services, can be referred to the New York City Dept. of Housing Preservation and Development's Central Complaints Bureau at 212-960-4800.
Is home ownership possible for you? Affordable home ownership can be made possible through government-sponsored programs such as the New York City Housing Partnership's New Homes Program, designed for households earning between $25,000 and $53,000 a year. Home-buyers with incomes in this range are eligible for up to $25,000 in government subsidies. A new program called Home Ownership Made Easy (HOME) allows qualified individuals to purchase a house with a down payment of as low as 5%. Under HOME, mortgages will be available for units constructed through the NYC Housing Partnership. For more information on these programs, write to: New Homes Program, New York City Housing Partnership, One Battery Park Plaza, 4th Flr., New York, NY 10004-1405. You may qualify for a State of New York Mortgage Agency (SONYMA) mortgage, which offers lower interest rates than major commercial banks. SONYMA's purpose is to assist low- and moderate-income families by offering low-cost loans to first-time home-buyers. For more information, call or visit their New York office at 260 Madison Ave., New York, NY 10016, 212-340-4200 or 800-382-HOME.BUYING A HOME
The costs to consider for buying a home are: a normal 20%-of-purchase-price down payment, ability to meet monthly mortgage payments, property tax to pay (which is based on assessed value of your home and community location), cost of repairs, maintenance, furniture, heating costs, electrical consumption. In order to cover all of these costs, you should meet the following criteria:
On the average, a rough gauge of affordability is to consider homes that have selling prices of 2 to 2-1/2 times the sum of your family's income.
Mortgage Know-How
Most lenders will give up to 80% of the value of the home as a mortgage loan. You pay back the lender on a monthly basis with a percentage interest added to compensate them for the loan. Depending on the current interest rates, the interest payments may range from 5% to 15% of the total loan.
Two kinds of mortgage payments:
As a general rule, Fixed Rate is preferable because you can depend on paying a fixed amount throughout the term of the loan, regardless of swings In the economy.
Mortgage loans are usually extended over a 15- or 30-year period, depending on your financial status at the time the loan is issued. A 15-year loan will have higher monthly payments, but you will be able to pay of the loan sooner and avoid additional interest charges. How do you retaliate if neighbors get too noisy? Noise is among the most psychologically damaging phenomena in urban life. Your neighbor's stereo speakers, television set, the dog next door, etc. The solution? The temperate way is a dialogue with the noisemaker. Official techniques are complaints to the board of directors of a co-op or the managing agent, calls to the police or Environmental Protection Administration, trips to summons or other courts. An amendment to New York City's fair-housing regulations that took effect on September 16, 1991 brought owner-occupied two-family houses under the anti-discrimination regulations. This means that owner may no longer refuse to rent on the basis of race, color, creed, national origin, citizenship status, occupation, children, sex or sexual orientation, age, disability, or marital status.
Back to PNB New York's Homepage
This page accessed
Page created by: pereyes@ix.netcom.com
Changes last made on: Mon Jun 24 12:51:01 1996