Announcement

**chuck** · 12-19-2003, 08:46 AM

posted November 19, 2003 11:35 PM
A FRIEND OF 10 YEARS. MEXICAN WITH FAMILY WIFE AND 2 SONS. ONE SON IS A CITIZEN. WORKED FOR SAME COMPANY FOR 8 YRS AND WAS CONSIDERED AN EXCELLENT EMPLOYEE.

THIS YOUNG MAN IS THE KIND OF PERSON WE WOULD WANT ALL CITIZENS TO BE LIKE. HE WAS A FOUNDING MEMBER OF HABITAT FOR HUMANITY AND SERVED THE BOARD WELL FOR 6 YRS. HE WAS ON THE BOARD OF A LOCAL YOUTH SOCIAL SERVICE THAT SERVES 80 TROUBLED CHILDREN. HE WAS A MEMBER OF A SERVICE CLUB AND COACHED LITTLE LEAGUE. HE VOLUNTEERS HIS LANGUAGE SKILLS TEACHING OTHER HISPANICS ENGLISH. HE ALSO IS VERY ACTIVE IN HIS CHURCH AND IS A LIAISON BETWEEN THE LOCAL CHURCH COMMUNITY AND THE HISPANIC COMMUNITY.

NOT ONLY DOES HE TEACH, BUT HE VOLUNTEERS HIS INTERPRETING SKILLS THROUGHOUT THE COMMUNITY. INTERPRETING FOR POLICE, CITY, HOSPITAL, EMERGENCY SERVICE, ETC. HE INTERPRETED FOR A MURDER CASE ABOUT 4 YRS AGO. THE PROSECUTING ATTORNEY ASKED HIM TO BE A WITNESS BUT TOLD HIM HE WANTED NO SURPRISES. HE FELT IT WAS HIS DUTY AND AGREED, AND IMMEDIATELY WENT TO THE POLICE CHIEF AND TOLD HIM HE WAS HERE ILLEGALLY. CHIEF REPORTED TO INS. AFTER 2 INTERVIEWS HE RECEIVED A PAPER AUTHORIZING HIM TO WORK. HE HAS REPORTED EACH YEAR TO RENEW THE AUTHORIZATION AND EACH YR IT WAS RENEWED. THEN SEVERAL WEEKS AGO HE WENT AGAIN AND THEY WOULD NOT RENEW AND TOLD HIM TO REPORT TO A DEPORTATION AGENT. HIS EMPLOYER HAD TO PLACE HIM ON LEAVE WITH NO PAY AND NO INSURANCE.

WHAT CAN WE DO TO FIGHT THIS VERY BAD SITUATION?DO WE HAVE A CHANCE?

moondin
Member
posted November 19, 2003 11:41 PM
>HE RECEIVED A PAPER AUTHORIZING HIM TO WORK

what on earth kinda paper is that??

the officer has to uphold the law. He had no choice but to report a lawbreaker. Especially if he's a chief.

You say he's been here for 10+ years right? He can file for a waiver for continous presence and good moral character (seems like he's been doing a lot of community work etc). If all fits fine, and he's been such a great person -- he'll be granted a gc by the judge no problem.

They may not even detain him, but give im a VD and chance to get a lawyer, appeal, etc.

-= nav =-

AliBA
Member
posted November 20, 2003 07:34 AM
In some cases, where someone is facing deportation proceedings, a work permit seems to be issued to allow the person to work while awaiting a hearing. It doesn't mean they're here legally, just that they can work until the matter is ajudicated.

I've seen this come up in a number of news stories about people in this guy's situation.

mohan

Member
posted November 20, 2003 12:40 PM
thread origionator only wrote his involvement in community and 10 years. there are nothing about his case, which case was filed. when he went for hearing etc. Information provided is not enough to evaluate.

chuck

Member
posted November 21, 2003 01:30 AM
moonden, the work paper was a "special interest permit". also thanks for the optimistic advise. chuck

chuck

Member
posted November 21, 2003 01:45 AM
MOHAN, THAT IS ALL THERE IS. IMMIGRATION HAS NOT TOLD HIM WHAT THE CASE IS, AND NO HEARING HAS BEEN SCHEDULED. HE JUST REPORTS EVERY 30 DAYS AND HAS BEEN GETTING 30 MORE DAYS EACH REPORTING DAY. THE PROBLEM IS HE CAN,T WORK TO SUPPORT FAMILY. IT IS A BAD SITUATION. HE HAS GONE TO BANK TO ARRANGE PAYMENTS OF JUST INTEREST UNTIL SETTLED. LAST WEEK HE AND HIS WIFE MADE TOMALES TO SELL TO MAKE SOME MONEY. THEY MADE AND SOLD 300. CHUCK

posted December 01, 2003 12:12 PM
I need more info. Find out the base of the case first. it seems like his case was filed with immigration and now EOIR has jurisdiction, because his claim(whatever he claimed in his application) was denied by INS officer and NTA was issued.Just guessing.

chuck

Member
posted December 07, 2003 07:04 PM
MOHAN AND MOONDIN, I BELIEVE EOIR HAS JURISDICTION. AS FAR AS HIS FILING A CLAIM IN HIS APPLICATION, THERE HAS BEEN NO APPLICATION. REFER TO ORIGINAL DISCUSSION AND LATER RESPONCE,AFTER ADMITTING THAT HE WAS UNDOCUMENTED HE WAS GIVEN A "SPECIAL INTEREST PERMIT".THIS WAS GIVEN PROBABLY BECAUSE HE AGREED THAT HE WOULD REPORT TO THE INS IF ANYONE APPROACHED HIM TO SELL HIM FORGED DOCUMENTS OR IF HE BECAME AWARE OF ANY FORGED DOCUMENTS BEING SOLD IN OUR TOWN. THIS IS A SMALL TOWN, 12000 POP AND NOONE EVER APPROACHED HIM WITH A PROROSITION TO SELL ILLEGAL DOCUMENTS. HE REPORTED THIS FACT EACH YEAR AND THE 3RD YEAR WHEN HE WENT TO RENEW HIS PERMIT IS WHEN THEY TOOK ITHE PERMIT AWAY AND TOLD HIM TO REPORT TO DEPORTATION AGENT. THEY DID NOT TELL HIM THIS WAS THE REASON BUT WE ARE ASSUMING IT WAS THE REASON.

acelaw
Member
posted December 07, 2003 11:50 PM
READ BETWEEN THE LINES ON THIS ONE ,

AFTER ADMITTING THAT HE WAS UNDOCUMENTED HE WAS GIVEN A "SPECIAL INTEREST PERMIT".THIS WAS GIVEN PROBABLY BECAUSE HE AGREED THAT HE WOULD REPORT TO THE INS IF ANYONE APPROACHED HIM TO SELL HIM FORGED DOCUMENTS OR IF HE BECAME AWARE OF ANY FORGED DOCUMENTS BEING SOLD IN OUR TOWN. THIS IS A SMALL TOWN, 12000 POP AND NOONE EVER APPROACHED HIM WITH A PROROSITION TO SELL ILLEGAL DOCUMENTS. HE REPORTED THIS FACT EACH YEAR AND THE 3RD YEAR WHEN HE WENT TO RENEW HIS PERMIT IS WHEN THEY TOOK ITHE PERMIT AWAY AND TOLD HIM TO REPORT TO DEPORTATION AGENT. THEY DID NOT TELL HIM THIS WAS THE REASON BUT WE ARE ASSUMING IT WAS THE REASON.

RIGHT , THIS IS WAY OUT THERE AS FAR AS HIS CRIMINAL BEHAVIOR THAT PROMPTED INS TO THINK HE COULD SUPPLY INFO , AFTER ALL HE WAS AN UPSTANDING MEMBER OF HIS TOWN ,hmmmmmmmmm?????

SINCE THIS LAST POST NEW INFO. HE WAS GIVEN 2 AAITIONAL ASSIGNMENTS BY INS AGENT. TO APPLY FOR A JOB IN AN ETHNIC RESTAURANT IN ANOTHER TOWN AND WORK UNDERCOVER. DID NOT GET JOB. LAST ASSIGNMENT WAS TO CARRY WIRE, MAKE A CONTACT IN ANOTHER CITY, AND TESTIFY IN COURT. HE AGREED TO DO ALL THIS EVEN THOUGH INS TOLD HIM THEY WOULD GIVE HIM A NEW IDENTITY AND HE WOULD HAVE TO MOVE. INS NEVER FOLLOWED WITH SPECIFIC INSTRUCTIONS.

**chuck** · 12-19-2003, 08:51 AM

IM TRYING TO CONSOLODATE TO ACCOMODATE A MEMBERS SUGGESTION BUT HAVE NOT FOUND AN EASY WAY.
WILL TRY AGAIN LATER TO DELET TRASH AND COMBINE "CHUCK" POSTINGS AND "CHICOPANZA" POSTINGS. HOPE I CAN FIND A CONVENIENT WAY TO DO THIS. ANY SUGGESTIONS APPRECIATED.

**moondin** · 12-19-2003, 09:49 AM

Please scan in all those "work permits' he's been given by the INS and post here or email it to us. None of us have even seen what these undercover permits look like or what they say, so it's impossible to give advice on forms/visas none of us have ever seen.

-= nav =-

**chuck** · 12-22-2003, 10:32 AM

old entry, trying to consolodate.

posted November 19, 2003 11:35 PM
A FRIEND OF 10 YEARS. MEXICAN WITH FAMILY WIFE AND 2 SONS. ONE SON IS A CITIZEN. WORKED FOR SAME COMPANY FOR 8 YRS AND WAS CONSIDERED AN EXCELLENT EMPLOYEE.

THIS YOUNG MAN IS THE KIND OF PERSON WE WOULD WANT ALL CITIZENS TO BE LIKE. HE WAS A FOUNDING MEMBER OF HABITAT FOR HUMANITY AND SERVED THE BOARD WELL FOR 6 YRS. HE WAS ON THE BOARD OF A LOCAL YOUTH SOCIAL SERVICE THAT SERVES 80 TROUBLED CHILDREN. HE WAS A MEMBER OF A SERVICE CLUB AND COACHED LITTLE LEAGUE. HE VOLUNTEERS HIS LANGUAGE SKILLS TEACHING OTHER HISPANICS ENGLISH. HE ALSO IS VERY ACTIVE IN HIS CHURCH AND IS A LIAISON BETWEEN THE LOCAL CHURCH COMMUNITY AND THE HISPANIC COMMUNITY.

NOT ONLY DOES HE TEACH, BUT HE VOLUNTEERS HIS INTERPRETING SKILLS THROUGHOUT THE COMMUNITY. INTERPRETING FOR POLICE, CITY, HOSPITAL, EMERGENCY SERVICE, ETC. HE INTERPRETED FOR A MURDER CASE ABOUT 4 YRS AGO. THE PROSECUTING ATTORNEY ASKED HIM TO BE A WITNESS BUT TOLD HIM HE WANTED NO SURPRISES. HE FELT IT WAS HIS DUTY AND AGREED, AND IMMEDIATELY WENT TO THE POLICE CHIEF AND TOLD HIM HE WAS HERE ILLEGALLY. CHIEF REPORTED TO INS. AFTER 2 INTERVIEWS HE RECEIVED A PAPER AUTHORIZING HIM TO WORK. HE HAS REPORTED EACH YEAR TO RENEW THE AUTHORIZATION AND EACH YR IT WAS RENEWED. THEN SEVERAL WEEKS AGO HE WENT AGAIN AND THEY WOULD NOT RENEW AND TOLD HIM TO REPORT TO A DEPORTATION AGENT. HIS EMPLOYER HAD TO PLACE HIM ON LEAVE WITH NO PAY AND NO INSURANCE.

WHAT CAN WE DO TO FIGHT THIS VERY BAD SITUATION?DO WE HAVE A CHANCE?

**chuck** · 12-22-2003, 10:38 AM

disregard previous. MOONDIN, WILL TRY TO GET COPY AS REQUESTED. THE UNDERCOVER ASSIGNMENTS WERE ALL VERBAL, BUT I THINK AGENT WOULD TELL TRUTH ABOUT THEM.

**chuck** · 12-22-2003, 10:41 AM

posted November 26, 2003 11:01 PM
we are trying to do all we can to influence the outcome of deportation hearing. this is what we have done. are we wasting our time? we desperately need your suggestions. we are willing to do anything to have a good outcome. please help.
this is what we have done to date:
1. we had interview with a immigration attorney in n. k.c. he said that our chances of a good outcome were almost zero.
2. we contacted our congressman. he was not very helpful either.
3. deportee has 9 yr old son who is a citizen by birth. we have acquired letters from his 3rd grade teacher, his 3rd grade counsaler, and his k-2 counsaler explaining the affect of separation from his father on the child. also if he returned to mexico the loss of opportunity for the child.
4. we have obtained numerous character reference letters from prominent people in the community that think this 35 yr old man would make a great citizen. letters are from the mayer, the city administrater, the police chief, the pres of the chamber, the asst dir. of the local econ dev corp, the pres pres of hfh of the county,and many more.
5. we had interview with 2nd immigration attorney. he was a little more positive but still not overly optomistic. he thought best chance was amnesty, but amnesty still not a free ride. he thought maybe $5000. he thought if had to go for cancellation of deportation it might cost $10,000 to $25,000.

if any one has suggestions of additional actions we should pursue please share them .we are willing to do allmost anything to have a good outcome. thank you.

**chuck** · 12-22-2003, 10:43 AM

posted November 28, 2003 05:06 PM
Cancellation of removal is discretionary relief and it will depend on what judge and what trial attorney is hearing your case. However, you first have to be eligible for the relief. You have to show that you have resided continously in the u.s for 10 years, you are a person of good moral character (usually no arrests) and your removal would result in exteme and unusualy hardship to your son. That is a high burden but if you can show that your child has a medical condition, or needs help with school and has never visited your home country that tends to go in your favor. You need to establish that you have a work history, you have paid taxes are involved in the community, church , you have property here and no property in your home country, the presence of relatives in the u.s. and none in your home country. The fee of $25,000 is astronomical.

As for Julie, it depends on when your brother committed the crime that constitues an aggravated felon and how long he served in prison if any time was served.

Kudris
Member
posted November 28, 2003 07:23 PM
"Stay of deportation", as it was called before 1996, was mainly discreationary, most "chancelation of removal", especially aggravated felonies, is not!

**chuck** · 12-22-2003, 09:12 PM

posted December 01, 2003 12:41 PM
To chuck,
You have nly way out of this is good attorney and stay of deportation. Its discretionary relief but if the points mentioned correctly with all the letters you guys gathered, chance will be favourable.
Your attorney (smart one) should know the difference between suspension of deportation and cencellation of removal. these two are different things, both have different requirements for eligiblity.
While case is in Court, you better file the suspension of deportation which has 7 years continuous physical presence, Extreme hardship tpo USE or LPR, and Hardship to Alien As well + good moral. Your attorney should be very clear to write the suspension under IMMACT 90. the physical presence clock stops when NTA or OSC was issued ( under Illegal Reform ACT OF 1996)and there is transition rules also ( sept1996 to March 30th 1997)Physical clock will only be continue if the OSC was issue and no NTA issued and case was decided in transition period, Only good lawyer can prove that, its bit technical and not relatedin your case because I guess your NTA was issued after the april 1st 1997).

Your attorney can file suspension of deportation based upon length of stay, Hardship to USA as well as hardship to Alien, community involvement. Good moral.
Thats the only chance you have. other then that there are no chances, IF the Local Sharif or someone talk to The TA's supervisor of the record and request, can make some impact on discretion.

**chuck** · 12-22-2003, 09:15 PM

posted December 04, 2003 12:49 AM
again: the (easier to optain) suspension of deportation may work if a) the deportable fact itself and b) the removal proceedings (Notice To Appear) occured before the law changes of 1996. If the fact of removability occured before 1996 and the NTA was served later, it may or may not work. In any other case "chancelation of removal" rules go into effect (which are more difficult to succeed). Removal cases are complicated and most are difficult to win these days.

My advise is always, no matter what an attorney's requests for his or her services is, calculate if it's worth it for you and what your net-worth would be here compared to where you'd be moving after a removal (potential of earning a living etc.).

Aggravated felony cases have the option of an executive pardon. Non aggravated felon or non criminal related removability cases must show a lot of extreme and unusual hardship to dependant LPRs and/or U.S.C. (such as a medical condition that couldn't be taken care of in the country of subject). Good luck!

**chuck** · 12-22-2003, 09:21 PM

NEW QUESTION-- SOMEWHERE IN IMMIGRATION LAW THERE IS REFERENCE TO RELIEF IF YOU WORKED FOR THE INS. THE PERSON IN QUESTION WAS ISSUED A "PUBLIC INTEREST PERMIT" THAT ALLOWED HIM TO WORK. THIS PERMIT WAS ISSUED BECAUSE THEY ASKED HIM TO WORK IN OUR SMALL TOWN AND BE OBSERVANT AND REPORT ANY TRADE IN FORGED DOCUMENTS. AS I POSTED BEFORE OUR LITTLE TOWN OF 13000 HAS NO OBVIOUS TRADE IN SUCH DOCUMENTS. THERE ARE MANY BEING USED BUT PURCHASED ELSEWHERE. I RECENTLY DISCOVERED HE WAS ALSO ASSIGNED A MISSION BY INS TO GO TO ANOTHER TOWN AND APPLY FOR A JOB AT A CERTAIN RESTAURANT THE INS THOUGHT THEY NEEDED SOME INFORMATION. HE WAS NOT HIRED. AGAIN MONTHS LATER HE WAS ASKED BY AN INS OFFICER IF HE WOULD WEAR A "WIRE" AN MAKE A CONTACT FOR THE INS. THEY TOLD HIM IF HE GOT WHAT INFO THEY WANTED HE WOULD HAVE TO TESTIFY IN COURT AND THEY WOULD THEN HAVE TO GIVE HIM A NEW IDENTITY AND HE WOULD HAVE TO MOVE. HE AGREED TO DO THIS. HOWEVER THE INS NEVER FOLLOWED UP WITH THE DETAILS OF THE ASSIGNMENT. DOES THIS QUALIFY FOR WORKING FOR THE INS AND ANY LAW THAT APPLIES TO RELIEF?

**chuck** · 12-22-2003, 09:24 PM

posted December 15, 2003 08:59 PM
These rare cases require a lawyer. I doubt anyone here has been in such a situation or knows anything about it. If you can't find info on the IS websites, chances are you'll need a laywer who miht have to do some paperwork case investigating.

-= nav =-

4now
Member
posted December 16, 2003 12:04 AM
Dont know anything about case law for this. and doubt if there is anything official readily available. this is advanced advanced immigration stuff. This is like police informant situation. They get paid and never get busted.

But I do personally know someone who did come in illegal and helped USCIS. Yea he told everybody that he was married once, but that wasnt true. He got work authorization in the beginning and it got renewed every year. I cant remember now if I saw a green card for him or not.but I was sure that it was. he was FBI informant for illegal entry. So yes this is within their power. Your guy should have made a better deal with Ins when they wanted him to do undercover work, thats all there is to it.

moondin
Member
posted December 16, 2003 02:40 AM
The DHS and USCIS are free to broker their own deals and not make it public, as much as they wish. But it would have to get signed off pretty high up in the chain though.

As for "laws" -- i doubt they'd make laws or forms about this.

**chuck** · 12-22-2003, 09:26 PM

posted December 16, 2003 10:57 PM
Chuck

Sounds like you need some congressional help and pro bono help. And you should have someone try to get you into investigations at USCIS to see if you can find out who this gentleman's contact was.

I wish him the best and hope whoever it was will live up to getting this guy off the hook.

Take care

**chuck** · 12-22-2003, 09:32 PM

posted December 08, 2003 11:12 PM
acelaw, the special interest permit was issued under authority of federal statute 274A.12 c (11).yes "3 yrs. waiting" and no false id's in a small mo. town of 12000 people. you may be from a city where they are readily available, but not here. i hope i'm not so naive not to know there easy to get here.even though you don't seem to accept our story we appreciate your advise. please ask questions.

chuck

Member
posted December 10, 2003 11:34 PM
ACELAW, I REPORTED WRONG. THE PERMIT HE WAS GIVEN WAS A "PUBLIC INTEREST PERMIT" NOT A SPECIAL INTEREST PERMIT.HAVE YOU HEARD OF THAT?

mohan

Member
posted December 11, 2003 11:53 AM
Sorry for late reply. Can you tell me what you mean by Deportation agent?
Once he have his work permit issued( based on public interest) did he go to INS officer (who will aprove or deny his claim) if he approve his claim ( based on public interest) he will be able to adjust his status, if deny, he will be issued Notice to appear and court date of final hearing will be set and jurisdiction will be turned over to EOIR. court will decide the fate of his status. Which situation we are talking about?

mohan

Member
posted December 11, 2003 11:55 AM
if you say deportation agent ,I presume he has his bag and baggage notice issued, and he is at final stage for deportation. clearify the complete situation.

**moondin** · 12-23-2003, 09:46 AM

You've posted a big smorgasborg of stuff here. So what exactly are you looking for? Just drive down to your local INS district office and ask them your q's. They know a lot more than us. It's their f/t job.

-= nav =-

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mohan, moondin, acelaw, sammy, etc. undocumented immigrant consolodation

mohan, moondin, acelaw, sammy, etc. undocumented immigrant consolodation

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