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--"SAMMY, facing deportation hearing-town where live wants me as citizen"

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  • --"SAMMY, facing deportation hearing-town where live wants me as citizen"

    This is our story...came from Mexico in 1991 undocumented. Lived in Denver two years. Moved to Missouri because was better place to raise family. Had papers and SSN that were not mine. Worked for the same company from 1993 until 2003. Very active in the community - founding board Habitat for Humanity, on board of directors 6 years; board of directors 2 years for social service agency; member of service club; worked as liaison at my church between congregation and hispanic community; coached little league baseball and soccer; volunteered services for numerous agencies in community as a translator.
    In 2000, I interpreted for the local police dept in a murder case. The prosecuting attorney asked me to testify at the trial and did not want any surprises. I felt it was my duty as a member of the community to do as he asked and so I went to the chief of police and told him of my undocumented status. He reported to the INS and I in turn had to go to the INS for several interviews.
    During my interviews I was asked to act as an informant in the town I lived in to report any trade in forged documents. I agreed to do this and was given a document called "Public Interest Permit." This document allowed me to work legally and I presented it to my employer with my legal SSN. During the three years I worked under the public interest permit on two different occasions I was asked by the INS to carry out several additional assignments. The first assignment was to apply at an ethnic restaurant in another town to report any illegal immigration activities; I applied but did not get the job. On another occasion I was asked to carry a wire and make a contact and if successful to testify in court; I was told that if I did this I would have to move and they would give me a new identity. This was not something I wanted to do as I didn't want to move, but I agreed to do it anyway. However, they did not follow-up with details of this assignment so it was never completed. For the three years that I worked under the public interest permit I reported each year to have it renewed. It was renewed twice and at the end of the third year, 2003, it was taken away from me and I was told to report to a deportation agent and would eventually be given a hearing before a judge. I have been reporting each month to the INS office and after reporting in December they told me in January they would give me a date for my hearing which they said may be a year away. I have not been able to work since the permit was taken away because my employer did not want to get in trouble.
    I have contacted our Representative Ike Skelton and they were unable to help. Community members have given me about 20 letters of reference to my character and stated that they wanted to do everything they could to keep me in the community. These letters were from the mayor, city manager, chief of police, prosecuting attorney, president of the Chamber of Commerce, director of the local hospital, and other leaders in the community.
    I have a 9 year old son who is a citizen and a 16 year old son who is not. I have a wife who is working, but not documented.
    I now have all the letters in my INS file that will follow me to my hearing. What more can I do? I have met with two different lawyers and neither of them were that helpful or encouraging. I am still on good terms with both lawyers and can call on them as needed.
    I desperately need any advice you can give.
    Thank you.

  • #2
    Look for a sympathetic attorney that can help you. You obviously have access to the internet. Use it. Appealing to a wannabe immigration attorney on an internet chat board is not going to help your cause.

    Comment


    • #3
      Irritated:

      Now it appears that you are trying to drive people away from using this board as a tool to seek advise and learn from others! No one here claims to be an immigration attorney - nor do they claim to be as you so aptly stated "wannabe" attorneys.

      I don,t think that is your right.

      Comment


      • #4
        Yeah, that's right "advise" rather than "advice"- much to your consternation. Perhaps you would be better advised to place your efforts into developing a means by which those who post their comments could do a spell check before submitting. Then none of us, (foreigners) would irritate you with our poor grammar.

        Comment


        • #5
          Actually, there are a few immigration attorneys that do post on this board. There used to be more than there are now. There are also people who work in law offices that post here. Why discourage people from using every resource that they have available?

          Comment


          • #6
            Still Learning:

            You maybe right, there may be atty's who post, and when they do I am sure they would get "irritated" being considered "wannabees" by IRRITATED.

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            • #7
              The remark was made in reference to Chuck's subject header. My point is ---

              This is a very serious matter and the ramifications are life altering. I would not put all of my marbles in one basket in the hope that Sammy will come to the rescue. My point is that Chuck needs to find a sympathetic attorney sooner rather than later.

              Comment


              • #8
                Even 'lil peons like me that filed AOS without a lawyer know a thing or two about a thing or two.
                Sweet Madame Belu

                Comment


                • #9
                  Chuck, i did a tarot for you. I hope it helps.

                  Situation:
                  The Ten of Swords is very similar to the Death card of the Major Arcana. It is not to be taken literally as an indication of an actual death but rather as evidence of an impending change which may initially be difficult to accept. This is a card of endings and possibly loss, but as with all endings there is heralded a new beginning, a rebirth, and a rejuvenation of the spirit. We may have been struggling with a difficult decision for some time, or we may have been clinging to something, which was ultimately not in our best interests, and now we must learn to let go. The process of change is often difficult, yet life is filled with uncertainty; "The only thing constant in life is change!"

                  Advise:
                  The Two of Pentacles lets you know that you can juggle all demands made upon you. If you do not feel this level of confidence right now, this card asks you to believe in yourself. You have all you need to meet your every goal and more. Embrace the challenge. The Two of Pentacles also reminds you to be flexible. You too must be supple if you want to prevail. Don't force your way through or you will be cut down. Now is not the time to be rigid. Know that sometimes a side step, or even a back step is the surest way forward.

                  Encouragement:
                  Strength and courage will be applied to all endeavours. There is little to fear with your confidence. Results may be slow in coming, but you will hold your own, get a lot accomplished and summon up enough energy to do what it takes to get the job done, and in some way, you'll be recognised or rewarded for your efforts. There will be altercations stemming from an imagined slight or unexpressed resentment. There are powerful spiritual forces at work and obstacles to your success will be overcome. You will be given the power to succeed.

                  Comment


                  • #10
                    Chuck

                    This is very condensed and precise explanation of your situation. Thank you for taking that time for the members to review. Hopefully soon with prayer A professional with"Saving grace" answers will give you the advice needed for you to inturn suggest to your attorneys who have not been of the help that you need. But in the meantime you are getting responses to your thread which is keeping it alive.

                    I know it is hard b/c you cannot work with expired permit, and not being able to get unemployment most likely. However, did you apply? All they can do is deny.. Worth a shot, Stranger things have happened.. right.

                    Also, did you ever contact the undercover FBI to speak with him about your situation for suggestions/ etc. at least keep his name and location available for future reference.

                    Hopefully soon there will be answers, if not have you tried some of the other immigration boards for advice ? and if you do, just keep your question/situation in the precise way that you have done for this thread.

                    Vaya Con Dios, Chuck

                    Comment


                    • #11
                      Contact www.aila.org

                      An attorney there will help you pro bono.

                      Comment


                      • #12
                        THANKYOU ALL FOR YOUR KIND RESPONCES TO MY SITUATION, IN SPITE OF THE FACT THAT SAMMY DID NOT. I THANK YOU ALL.
                        TO ANSWER THE QUESTIONS (4NOW) ASKED:YES, I DID APPLY FOR UNEMPLOYMENT INSURANCE.YOU GUESSED IT, IT WAS IN ESSENCE DENIED BECAUSE YOU HAVE TO APPLY FOR 2 JOBS EACH WEEK AND BE ABLE TO GO TO WORK. I'M PHYSICALLY ABLE, BUT HAVE NO DOCUMENTS TO BE ABLE TO WORK. SORT OF A CATCH 22.
                        4NOW I HAVE NOT CONTACTED THE FBI AGENT YET. HAVE THOUGHT ABOUT IT THOUGH. NOT SURE HOW TO GO ABOUT FINDING HIM.
                        THERE HAS BEEN A LOT OF GOOD INFORMATION BUT NOT REALLY ANY ANSWERS. I HAVE NOT TRIED OTHER IMMIGRATION DISCUSSION BOARDS. I DON'T KNOW WHICH OTHERS ARE GOOD? ANY SUGGESTIONS WOULD BE APPRECIATED.
                        THANKS AGAIN TO ALL, EVEN FOR THE TAROT CARD READING!

                        Comment


                        • #13
                          Chuck:

                          Sorry to reply late. I did not visit this site since this thread is created. I want you to know also that I've just now also reviewed your all posts under all kind of different threads, whether those are under your name of 'Chuck' or 'chicopanza'. It was very important for me to review your whole situation or case-history carefully so that I can analazye your case well and properly before I may give my opinion. I also found there that time to time you had called-in my name for help. I am sorry that I was not able to answer you previously, because I did not read your posts or threads before until only now. There is something making me get confused. You have mentioned here that this is about your situation, but then on all those different threads/posts, you had been saying that it is about your friend's situation, so I don't know whose case is it. Anyway, it doesn't make any difference though. However, I assume that it is about you.

                          I don't understand why you were even asked at first place to interpret for prosecutor in Murder case? Are you very well-known person that everybody comes to you for help, or you happened to be lucky to be choosen for this service somehow? I mean-I am wondering WHY ONLY YOU were asked for this service. It is so nice of you that you felt that it was your duty to help the community as a member of the community, and everyone should think so, but you knew that you have no legal status in this country, so were you not scared to be deported at that time? I know lots of aliens, when they live here for a long time or if they get involved in some way with community, they think that they can walk/do anything as they want as a free bird. They think they knew everything, and nothing would happen to them ever since they have been living here for a long time. Most of time, they think that they are better than USC as far as knowledge and other things go. I am not saying that you also thought or think the same, but I am talking here most of illegals people I came to know.

                          In my view, you should have thought hard before you went to help prosecutor on that murder case. Just because you had been walking as a free bird on this land since you kept the foot on this land, and were not questioned the legal status until then, as well just because you have come to know so many influencial people in the society, still all these don't mean that you have the right to think that everything is ok what you had been doing, and that nothing would happen to you. Police chief did the right thing in reporting you to INS because Police Cheif was supposed to uphold the law anyhow. You were/are an illegal alien, plain and simple. As you had work permit previously under 'Public Interest Permit' and now have so many recommendations from all kind of different influecial people, you are now expecting to get a 'home-run' based on that alone. But you are forgetting that you are a lawbreaker, who DELIBERATELY diregarded and broke the laws when entered here illegally and continued to stay here illegally, and now when you got trouble with INS, then you are trying to find something for your own interest. I think it should have been clearned to you by now that those "influencial" people can not help you as far as immigration matter goes.

                          Yes, there is a law, in which INS can grant you a status under 'Public Interest' if you help the govt to apprehand/convict certain criminals. But you never helped the govt even though they did grant you temparory permit for 3 yrs. Before, INS thought that you could help them, but then after 2 yrs they realized that you are useless to them as far as using you as an undercover informant, that's why they backed out on you even though they talked about you to go another town with wired tapping. Because, they already realized that you can not pull those plan succusively, espeically when you did not find anything for them in those 3 yrs. You were so lucky that they even chose you as their undercover informant at first place, otherwise other people just get picked up, detained and get deported. You did not have anything special that made them to give you work permit under 'Public Interest waiver', especially you were a lawbreaker yourself. I know why they did this favor on you, because INS really wanted to you have status, and under the immigration law-they can not give you any status except this 'public interest waiver', so they helped you indirectly so that you can get papers, but you did not come up with anything for them to help you, because there was no any arrest and conviction of a criminal in order for INS to grant you a legal status. They helped you because they got very strong recommendation from prosecutor and Police Chief, otherwise you would have been detained and deported by now.

                          To be honest- you really don't have any case at all under this 'public Interest Waiver' because you did not help the govt to get any arrest and conviction. And even though you have tons of recommendations from influencial people, yet still those won't help you. Everyone would be blessed to be a undercover informant if getting the status would be that easy. Don't you know that how many people are living here illegally for more than even 20 yrs, and working very odd job under minimum wages despite of being well qualified, because they don't have any status? You were lucky to be choosen for this so that you could have legal status. But you did not come to their expectation. However, I still believe that INS still thinking to help you thru giving some kind of assignment, because they haven't issued NTA to you yet, otherwise you would have already issued NTA. It doesn't take that long to put you on removal proceedings. But, we don't know what they will do. Nevertheless, worst to worst, you need to be prepared for removal proceedings from now on.

                          The way it is looked as of now, it is seemed pretty sure that you will be placed on removal proceedings, so all you have to do is to be ready to fight your removal case. Based upon the information I got from your posts, I personally believe honestly that you will prevail on removal proceedings. WHY? Because-[1] you said that you have been living here continuously since 1991, which means more than 12 yrs, and 7yrs or 10yrs are only required for removal proceedings [7 yrs for suspension of removal, and 10 yrs for cancellation of removal]; [2] if you have never been convicted for any crime and has been a good person so far then you establish a good moral character, which is also required for cancellation of removal proceedings,[3] since you have a child [USC], who is 9 yrs old then you can establish extreme and unusual hardship to your this child. Your child's age is favorable to have decision in yr favor, otherwise if child is younger than this age, then judge will deny any hardship claims to child. But you should prepare enough evidences to prove extreme and ususual hardship to your child; [4] Your solid involvement int the community is a very solid point in your favor. Arrange as many documentations/recommendations you can; [5] in order to prove hardship to you, you need to present the evidence that your life would devastically be changed because of empolyment rate and depreciation of currency in your home country [Mexico]. You need to present documenary evidence to prove your claims, [6] Judge will also see that you have been working most of time when you were here illegally and were paying taxes [not like those b-u-m people, who don't work], [7] Arrange all the morgage papers, so it will prove that you really got mingled with american soceity and it would hard for you to live in your country. It will show that you were committed to mingle with american society. There are tons of things you have to arrange, and I can write everything here, but I can list those in the future when you really need. You should try to find good lawyer also, who will show compassion to your case and not to your money. Right now, you have time in your hand, which you won't have later, so you should try to shop for attorney. You don't need to hire them now, but just to see how compassionate they are, and how much they would charge you if you will be placed on removal proceedings.You should be ready.

                          As far as your worriedness for not working without having any legal papers, then if I am not wrong I did read somewhere on your another thread that you had papers and SS# previously, which you said that were not yours, so I assume that you were working [5yrs out 8yrs] under false papers before having the real papers from INS in 2000 [3 yrs out of 8 yrs], right? Well, asnwer to this question won't make any diffence to your immigration case, but the reason why I asked this is- if you were working under phony papers before, then why don't you work under those phony papers somewhere else to survive until your case is streightened up. And, if you ever had worked illegally for the same employer then I think he can still let you work even if you don't have any permit to work since he did hire you before. He can still hire you under the table if you have good understanding with him. I am not saying what you should you have to do, instead you should give the thoughts to all this options until you would have your papers.

                          Comment


                          • #14
                            Sammy,

                            You speak out of both sides of your mouth. You tell Chuck that he probably will prevail based on a number of factors including "[2] if you have never been convicted for any crime and has been a good person so far then you establish a good moral character, which is also required for cancellation of removal proceedings,"

                            Then, in the final paragraph you tell him to go out and work illegally again. "then why don't you work under those phony papers somewhere else to survive until your case is streightened up".

                            I don't think the judge is going to look too highly on Chuck if he is blatantly disobeying the law, especially during the interim before his hearing. How is this exhibiting "good moral character"?

                            Comment


                            • #15
                              irritated:

                              I don't find anything wrong to SAMMY's opinion, please avoid posting criticizing people that only comes here to help others, as you know he is USC and only helps others here. If you don't like his opinion about chuck's case keep it to yourself otherwise we might loose him from this board...because I would be very upset if I would have spent all the time he did to give a clear and helpful explanation and someone would come to criticizeme the way you did.

                              Comment



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