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Welcome - Mr. M. Morales

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  • Welcome - Mr. M. Morales

    I welcome you on behalf of other readers on this discussion board.
    We are honoured to have a reputed Immigration Attorney like you to have our question/querries answered all the time. Your legal advise is very much appreciated.

  • #2
    I welcome you on behalf of other readers on this discussion board.
    We are honoured to have a reputed Immigration Attorney like you to have our question/querries answered all the time. Your legal advise is very much appreciated.

    Comment


    • #3
      Thank you sir, it is my pleasure to help out when I can. Sometimes people just need an answer instead of a $200 quote to answer one simple question.

      Comment


      • #4
        To Mr. Morales:
        I really appreciate what you are doing for immigrants by answering their questions and giving them legal advise. Uptill now, we were trying to help each other by giving advise from our personal experiences.
        With your help, it will be much easier for us to get pin point legal help.
        Thanks again and God bless you.

        Comment


        • #5
          I always thought there were good people on this board. I have a question for you - hope you can help.

          My friend have been here 15 years - she came inspected and overstayed her visa. She applied (at the time it was not a problem) for a NYS driver license and got it. She has renewed it twice. She recently bought a house in another state and went to the local DMV to change her license over. They told her that she needs to have other identification - such as US Passport, Birth Certificate (US), or if an alien, her gc. She has none of those. A relative has petioned for her in 2001. She gave them the receipt and they refused it - citing they need something from INS that shows an approval.

          She is very depress, because although her license is not yet expired - she has another 2 years on it, she is worried that the time will come and she still won't hear anything from the INS. She has a car and good insurance. She has an excellent driving record. She needs her car to get to and from her job (she looks after two elderly couple for 6 years now), that is why she was able to buy a house and car. She has good SS#, she had applied for it way back then using her indefinate multiple visa in her passport. She files her income tax for the pass ten years. Every year she has to pay back money because her employers don't take the necessary tases - she has no problem with that.

          She has a son and two daughters. The girls were born in her home country and the boy an american. She is recently divorced from their father after 18 yrs of marriage - he's an alcoholic. She calls him a vagabond. Is there any hope for my friend? I try to cheer her up by offering to take her and the children to the movies, the mall and things like that, to no avail. Every day I am on the internet trying to find out any need developments that could help her. She has given so much money to lawyers to try and help only to find herself in a wall. She is not from any of that countries that require registration - but she fears that there will come a time when they will call for her to come in.

          Please help - anyone!

          Comment


          • #6
            Which state she's applying for? DMV requirement varies from state to state.

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            • #7
              Pennsylvania

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              • #8
                My friend have been here 15 years - she came inspected and overstayed her visa. She applied (at the time it was not a problem) for a NYS driver license and got it. She has renewed it twice. She recently bought a house in another state and went to the local DMV to change her license over. They told her that she needs to have other identification - such as US Passport, Birth Certificate (US), or if an alien, her gc. She has none of those. A relative has petioned for her in 2001. She gave them the receipt and they refused it - citing they need something from INS that shows an approval.

                She is very depress, because although her license is not yet expired - she has another 2 years on it, she is worried that the time will come and she still won't hear anything from the INS. She has a car and good insurance. She has an excellent driving record. She needs her car to get to and from her job (she looks after two elderly couple for 6 years now), that is why she was able to buy a house and car. She has good SS#, she had applied for it way back then using her indefinate multiple visa in her passport. She files her income tax for the pass ten years. Every year she has to pay back money because her employers don't take the necessary tases - she has no problem with that.

                She has a son and two daughters. The girls were born in her home country and the boy an american. She is recently divorced from their father after 18 yrs of marriage - he's an alcoholic. She calls him a vagabond. Is there any hope for my friend? I try to cheer her up by offering to take her and the children to the movies, the mall and things like that, to no avail. Every day I am on the internet trying to find out any need developments that could help her. She has given so much money to lawyers to try and help only to find herself in a wall. She is not from any of that countries that require registration - but she fears that there will come a time when they will call for her to come in.

                Please help - anyone!

                Comment


                • #9
                  You can view the requirement for Pennsylvania Driver's License here at:
                  http://www.dmv.state.pa.us/pdotforms/misc/Pub_195.pdf

                  Now since she's waiting to hear back from INS, doest that mean she has a pending AOS or something to that effect ? IF she does, I doubt there would be any problem.
                  She can bring her SS card, passport, I-94, her I-485 receipt & any other INS document along with her W-2 & utility bills and that should cover it (along with her NY driver license).

                  Comment


                  • #10
                    Your friend need to have a identification to get the license renewal. A valid ID required. As she don't have valid ID she will not be able to change the license.
                    Whereever INS concern, She has to file for FOIA to get information on her case, to see what is on her file , any deportation order, NTA, what was filed and what was the result etc.
                    IF there is any deportation she will be able to get cencellation of deportation as she lives in the country more then 10 years and onther conditions met.
                    BTW your information is not completed.

                    Comment


                    • #11
                      Yes, I've been to the pa website and seen all the information they require. She got a receipt from the INS - "Notice of Action", telling her that they have received her application and that a case like that normally takes between 150-999 days to process. They received it April 27, 2001.

                      She have a SS card, a passport (she lost her orginal one and has applied for another), all her W-2's, and her valid driver license.

                      I regularly check her case status (she gave me the file #), and all they say is what I've written above - nothing more.

                      To go into further information about her, she did apply through a "fraudulent" attorney something called "Suspension of Deportation". This was back in 1996. She gave him $2000 to start. He did file the papers and told her that she would hear from INS within 6 months. The time passed and she heard nothing. She called there hereself and got a hold of an agent who gave her A#'s for herself and daughters and promised that he would send a letter out for her to come in for an interview - she was elated. That did not happen. She called him back and he said his hands were tied because the law was changing and he had to wait (at the original onset the requirement was 7 years, good moral character, etc, etc., then it changes to 10 years, good moral character, have US citizen child, spouse or parent - she did not qualifiy for that because was only doing 9 years and had no US child at that time). She later found out that the attorney was a fraud and that the INS was looking into every application he submitted. She went to the INS to find out about her file - they found it and said nothing was being done about it - that is was just "there", and that her's just fell through the cracks - she cried like a baby. That was almost 8 years ago.

                      Now, she found a brother (they are not the same mother, but the same father), who is a USC and he said he would file for her. She is still worried because although they have the same father, his name is not on either of them birth certificate (he was not married to either of them mother, and where she is from, if not married, the father's name cannot be on the birth certificate - even if he accepts the child as his). I told her to get affidavit from her father's siblings, people that knew him (he is dead)from a long time, to vouch that she is indeed his child (and the brother).

                      Is that enough info - she would go bonkers if she finds out that I am saying so much, but I desperately want to help her. Can you? Thanks.

                      Comment


                      • #12
                        Best thing is for her to file FOIA. IT will show what was filed. With the FOIA information it will be clear and any Attorney will have the way to get her legal status. As you said she was filed for suspension of deportation. what was the result. Before it was called suspension now its called cencellation of deportation and limit is increased to 10 years +. But she is grandfathered that law so she will be entittled under previous law. She shouls either file herself Or let someone file for FOIA request to get her information.Thats the starting point.

                        Comment


                        • #13
                          Thanks for your reply, she did inquire about her file and was told that it was just sitting there. She also asked about grandfathering from the agent, who said he did not think that would be the case. In any event, how does she file a FOIA? Is there a form #, probably I could get it off the web.

                          Thanks again.

                          Comment


                          • #14
                            Enquire about the case ? She has to fill a FOIA ( freedom of INfo Act form) and send it to DOJ If her file is long more then 200 pages then she has to pay 25 dollars or more as fees, there is form available . you can download from the INS.gov site Link to FOIA act. within some months she will get all the information.
                            Grandfather is not the case because she is qualify for both the laws7 yrs and 10+ yrs too. it will be something else. lets see the file first.

                            Comment


                            • #15
                              I agree, the FOIA is the way to go. The request should be made with the Service Center where the attorney filed the applications. Once you find-out what is on file, then you can move forward. Right now, we just don't know what her potential status is, because we don't know what has been filed.

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