COMMUNITY CHRONICLE (07/12/98)

COMMUNITY CHRONICLE

UNWLA sponsors panel highlighting immigration matters

NEWARK, N.J. - The New Jersey Regional Council of the Ukrainian National Women's League of America recently sponsored an evening of information about immigration matters featuring Ukrainian American lawyers who specialize in that field. In attendance were more than 120 people - most of them newly arrived from Ukraine.

Indeed, the evening was geared toward newcomers from Ukraine who are in the United States both on a permanent basis and as visitors. As noted at the outset by Bozhena Olshaniwsky, who organized the event along with Maria Polanskyj, "this meeting is being held because there is a great lack of information."

She also suggested that Ukrainian American lawyers best know the Ukrainian situation and can provide the most effective representation for recent arrivals from Ukraine in immigration matters.

As a lead-in to the presentations, Bohdanna Pochoday, president of the Ukrainian American Bar Association, explained some basic differences in terminology between the Ukrainian and English languages, noting that terms used in Ukraine, such as advocate, jurist and notarius, do not have the same meaning in this country.

She also advised her audience to beware of unscrupulous agencies and individuals who promise that you will win the lottery or will get a green card (permanent resident status). "Beware of such 'guarantees,' " she underlined, "there are no guarantees."

She also cautioned that if an agency takes a client's money and then refuses to provide copies of his documents, the client should get his money back and file a complaint.

Andre Michniak, who practices immigration law in Philadelphia, outlined the effects of the new immigration law that went into effect in September 1996. He explained that the law is very stringent and detailed the penalties that apply to persons who overstay the terms of their visas in the United States, including such severe consequences as losing the opportunity to travel to the U.S. for up to 10 years.

Mr. Michniak also spoke of how family members can sponsor immigrants, pointing out the new immigration law's requirement that sponsors prove they have sufficient means to support an immigrant. The person who files the so-called affidavit of support is fully responsible for the immigrant for 10 years after his admission to this country.

Michael Hrycak, whose practice is based in Westfield, N.J., offered several crucial bits of advice: get a good translator/interpreter; and, no matter what, tell the truth. The latter is particularly important, he explained, because immigrants can lose their status even up to five years after they have been granted residency if a document appears that contradicts the information they have filed in papers submitted to the courts or the INS.

He also explained that applicants for resident status fall into categories in order of priority based on their relationship to the sponsor, and that these are subject to quotas.

Mr. Hrycak also spoke about the Diversity Immigrant Visa Lottery and explained the procedure whereby arrivals in the U.S. can apply for adjustment of status, which enables them to apply for resident status.

The final speaker of the evening was Borys Lewycky of New York, who offered some basic caveats to his audience. First and foremost, he said, in order to apply for permanent residency in the U.S. you must have a legal visa; if you overstay your visa, you are illegal.

He added that filing an appeal in an immigration case can usually buy an applicant for change of status some time, giving him a chance to find another way to stay in this country.

Mr. Lewycky also noted that arguing a person may be subject to persecution if he returns to Ukraine is no longer convincing as that country is now free of Soviet Communist domination.

At the conclusion of the four attorneys' presentations, the audience had an opportunity to pose questions. After the program, many listeners approached the lawyers for further discussion and consultation.

The informational evening was held on March 27 at St. John the Baptist Ukrainian Catholic Church hall in Newark, an area that is home to many immigrants and visitors from Ukraine. In fact, the parish is host to an organization called the Fourth Wave, which encompasses new arrivals.