CALL CONGRESS
When All Else Fails, Your Congressman Can Help

By Catrinel Bartolomeu

Mauris Astefanous was dying of leukemia. The Bayside resident needed a bone-marrow transplant in the next two weeks, but his sister, the only known donor match, lived in Egypt.

The disease does not work on the same timetable as the bureaucracy of international law, and the wrangling of officials in Cairo and the U.S. made it seem unlikely the operation could occur.

In cases like this, the best place to turn may be your nearest congressional office.

Fior Rodriguez-Langumas, a caseworker for Rep. Gary Ackerman, took Astefanous’ file home, made late night phone calls to her contacts in Cairo and worked with the Congressman and her co-workers until Astefanous’ sister was admitted to the United States and arrived in time to save her brother’s life.

"In life or death situations we have intense negotiations with the State Department and consulate," Rodriguez said. "Everything we do is within the law; we just have to convince the right people that this is a legitimate request."

There are eight Congressional districts in Queens. Congressional offices are liaisons between the federal government and their constituents. Ackerman’s caseworkers say that they will take assignment concerning immigration, labor issues, veteran’s affairs, social security, Medicare and passport services, to name a few. Rodriguez, who has been with the Congressman for 20 years, is the office’s immigration expert.

On the case at Rep. Gary Ackerman’s office are case workers Meghan McCormick, Susan Grath, and Fior Rodriguez. Tribune photo by Ira Cohen

During the past four months Ackerman’s office opened 151 new immigration cases. The problems run the gamut from mundane frustrations to life and death crises.

Rodriguez said typical calls are from people who have applied for citizenship and have yet to be contacted by the Bureau of Citizenship and Immigration Services (BCIS) for an interview. The most common reasons for this problem are that the applicant’s fingerprints have expired or that the applicant moved and did not notify the agency. When applying for citizenship, fingerprints are only valid for a year. Once they expire, the computer system prohibits scheduling an interview.

In August, one caller told Rodriguez his fingerprints should have cleared and he should have been scheduled, but he still had not heard from BCIS. She called BCIS and hastened his immigration process. Rodriguez discovered that the fingerprints had cleared, but had not been computerized. Rodriguez brought this case to the attention of her contact at BCIS who assured her she would call with scheduling information as soon as possible. Caseworkers have developed personal relations with federal departments and can more directly pursue the problem until it is resolved.

Caseworkers can also answer questions regarding processing time over the phone because each month BCIS sends them a chart, broken down by types of application, indicating the period of cases they are working on. The caseworkers say they always check with the chart, but most people are just surprised that the waiting period is at least two years. Before September 11, 2001 there was one security check; since then, 13 new ones have been added.

The office encourages those with internet access to visit www.uscis.gov where they can check their status, read explanations of the immigration processes and requirements and download forms. Applicants can do the same by calling (800) 375-5283.

The case of Astefanous and his sister in Egypt is one of the larger, longer-lasting projects.

It was with the help of these caseworkers that Ackerman was able to save student and basketball player Mohammad Sarfaraz Hussain from deportation last May. Hussain, 18, was to be deported by the BCIS in compliance with the "Special Registration" program. Hussain arrived from Bangladesh when he was seven on a temporary visa to visit his mother who later died of cancer.

Hussain’s father died shortly afterward in Bangladesh and the boy had since been living with his uncle in Holliswood on an expired visa. Hussain’s uncle called Ackerman’s office and the team picked up his case. "He clearly wasn’t a terrorist; he was a basketball player," said Press Secretary Jordan Goldes. Rodriguez explained, "He never left the country, he really didn’t have much cultural knowledge of his own people. He’s an American kid." She clarified that the special circumstances of Hussain’s situation caused the Congressman to dispute this particular case although he thinks that the policy is necessary for the security of the nation.

Ackerman’s office regularly assists out-of-status immigrants with problems, but Ms. Rodriguez clearly stated that if an immigrant is out-of-status and wants to become legal, she must have a sponsor. There are almost no exceptions to this rule. A person can win the annual visa lottery and forgo the sponsorship requirement and since 2000, the Law of Violence against Women permits minors or the victims of domestic violence to self-petition the BCIS if the spouse refuses to petition for them. Rodriguez gave the example of a woman who moved to the US to be with her husband, a US citizen, who abused her. If she leaves her husband and proves that either she or her child was mistreated and if her marriage was legitimate, this woman and her child are protected and are permitted to self-petition.

Domestic violence cases highlight the already strict privacy and confidentiality codes under which the office functions. Identity verification is especially important in these cases to prevent the information from reaching the abusive party. Due to the privacy laws, the most efficient way to contact congressional offices is to write a letter explaining your problem and including your documents. A letter, unlike a phone call, not only authorizes the Congressman to act on your behalf, but explains your case and provides documentation. Many times it is possible for a staffer’s trained eye to look at an immigrant’s documents and quickly identify the problem or misstep that convoluted the case.

The office has held immigration information seminars where they trained community leaders and provided up to date information in the past and is planning to schedule another seminar soon. Sutherland says that her job resembles a detective’s: she is always on her toes thinking about the specific circumstances of a case – "It’s like continuing education as far as being a caseworker to keep abreast of the laws as they change so that we give the constituent the proper explanation."

While none of the caseworkers are lawyers, they say they have extensive training, attend immigration seminars, and meet with the American Association of Lawyers. In turn, when they give immigration seminars, they bring with them the newest information, relevant forms and most importantly, their own expertise. Discussing the forms and possible scenarios with community leaders is effective, says Sutherland, because then community leaders "themselves can serve the people that walk-in into their doors."

Ackerman is a senior member of the House International Relations Committee, which helps him to understand and assist his large immigrant constituency. In March 2001, Sam Song, a naturalized US citizen, was arrested while in South Korea to testify in the trial of a book publisher’s representative. Song had helped publish the book which discussed a reunification strategy for North and South Korea. The book was deemed offensive and said to violate two articles of the country’s national security laws. Ackerman first met Ambassador Sung Chul Yang with whom he had a warm relationship and then with the South Korean foreign minister to secure Song’s prompt release and a speedy resolution.

While the Congressman is not always so closely involved with the cases, his staff insists he "keeps up with these cases weekly. He asks us to be responsible for what we do and we report back to him."

"He knows what kind of constituent services go on in here on a weekly basis," Grath asserted and the others agreed. Rodriguez added that oftentimes "after we get out most of the wrinkles and cannot handle it anymore, we say, Okay Congressman, your call"’ and the Congressman is the one who gives the final push which makes something work. The caseworkers agreed that they feel as if they are held responsible for their duties by Congressman Ackerman. He holds them accountable, and in turn he is accountable to his constituents who choose whether to reelect him every two years.

The caseworkers urge their immigrant constituents to be informed not only of their immediate situations, but to be aware of developments in immigration policy. Ms. Rodriguez brought up two particular pieces of pending legislation that might be of great interest to some families. The Development, Relief and Education for Alien Minors Act, referred to as the DREAM Act, is likely to be voted on in this next session of Congress and would allow undocumented immigrants to apply for permanent legal residency if they complete two years of military service, two years of college or 910 hours of community service within six years of high school graduation.

The Earned Legalization and Family Unification Act intends to facilitate legalization for hardworking, taxpaying undocumented immigrants who have been in the country for at least five years, have a work history of two years and can pass a criminal background check.

Ackerman’s staff urges immigrants to take advantage of their rights. Rodriguez said, "My best advice for everyone who has immigration problems is to get in touch with your Congressman."