Need advise...
Jun 16th 2005, 3:14 pm
#16
Just Joined
Joined: Jun 2005
Posts: 8
Re: Need advise...
Originally Posted by sibsie
There's no fee to apply for a SSN. As she already has a lawyer she really needs to speak to him again as a matter of urgency. If her immigration lawyer doesn't handle divorce and family matters she needs to find one who does and can assist her with asset freezing.
hi sibsie,
you mentioned about asset....does it include bank account. if yes i think it's too late to freeze it since her husband has emptied the account and sent it back to indonesia. is there any possibility he got them transfered back from indonesia....
Jun 16th 2005, 3:22 pm
#17
C.G.D.S
Joined: Nov 2003
Location: Ireland--->London--->Spain--->Rockport, MA
Posts: 3,353
Re: Need advise...
Originally Posted by bebek swiss
hi sibsie,
you mentioned about asset....does it include bank account. if yes i think it's too late to freeze it since her husband has emptied the account and sent it back to indonesia. is there any possibility he got them transfered back from indonesia....
you mentioned about asset....does it include bank account. if yes i think it's too late to freeze it since her husband has emptied the account and sent it back to indonesia. is there any possibility he got them transfered back from indonesia....
Jun 16th 2005, 3:28 pm
#18
Account Closed
Joined: Mar 2004
Posts: 2
Re: Need advise...
Originally Posted by bebek swiss
hi sibsie,
you mentioned about asset....does it include bank account. if yes i think it's too late to freeze it since her husband has emptied the account and sent it back to indonesia. is there any possibility he got them transfered back from indonesia....
you mentioned about asset....does it include bank account. if yes i think it's too late to freeze it since her husband has emptied the account and sent it back to indonesia. is there any possibility he got them transfered back from indonesia....
Aslo depends on how much is involved, this is an expensive business.
Assets would be cash, investments, house, car etc etc
Last edited by scrubbedexpat099; Jun 16th 2005 at 3:34 pm.
Jun 16th 2005, 3:37 pm
#19
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Need advise...
Originally Posted by bebek swiss
hi,
i'm the sister of novita's friend in michigan. she actually applied assylum and been rejected couple of times and now appealing for the federal court.....i think this is her last chance. she wanted to apply for the social security number and work permit at the beginning of the assylum process but her husband said no. her husband applied the social security and work permit only for himself because he doesn't want to spend too much money applying for her.
now, the lawyer said the chance to get the work permit is very thin since she didn't apply within the time limit which is 180 days after submitting the assylum. the 230 dollars novita talking about is for applying the social security number.
i'm the sister of novita's friend in michigan. she actually applied assylum and been rejected couple of times and now appealing for the federal court.....i think this is her last chance. she wanted to apply for the social security number and work permit at the beginning of the assylum process but her husband said no. her husband applied the social security and work permit only for himself because he doesn't want to spend too much money applying for her.
now, the lawyer said the chance to get the work permit is very thin since she didn't apply within the time limit which is 180 days after submitting the assylum. the 230 dollars novita talking about is for applying the social security number.1. Both she and her husband have applied for asylum with the assistance of an attorney?
2. Your sister has been denied twice and is currently waiting for a court date with an immigration judge. Has an order for her removal been received?
3. Has her husband's asylum case been successful or has his case also been denied?
4. Besides the employment authorization document (Form I-765 for $175) what else was she hoping to apply for to make up the difference of $55 from the $230 she spoke of?
5. Did her attorney not tell her that she could have requested a waiver of the fee for the EAD from the CIS?
6. Apparently her evidence of fear of returning to her country is weak and/or unsubstantiated if she has been denied twice. Has her attorney advised her on how to strengthen her evidence for her final attempt at having asylum granted?
As for the divorce and the monetary disbursement of funds in her husband's account, that would depend on the laws in the State of Michigan. If it is a community property state, then she has a claim to 1/2 of the property. That is if the husband hasn't taken the assets and hidden them before the divorce and disbursement of assets is made by the family court. If it is not a uncommunity property state, there is not much she can do.
Jun 16th 2005, 4:08 pm
#20
Just Joined
Joined: Jun 2005
Posts: 8
Re: Need advise...
Originally Posted by Rete
Hope you don't mind my jumping in on your thread. One of the members asked me if I knew anything about the asylum process. I do know a little and so much information is missing from your and your sister's posts that it is unclear exactly what point in this processing both she and her husband are at.
1. Both she and her husband have applied for asylum with the assistance of an attorney?
2. Your sister has been denied twice and is currently waiting for a court date with an immigration judge. Has an order for her removal been received?
3. Has her husband's asylum case been successful or has his case also been denied?
4. Besides the employment authorization document (Form I-765 for $175) what else was she hoping to apply for to make up the difference of $55 from the $230 she spoke of?
5. Did her attorney not tell her that she could have requested a waiver of the fee for the EAD from the CIS?
6. Apparently her evidence of fear of returning to her country is weak and/or unsubstantiated if she has been denied twice. Has her attorney advised her on how to strengthen her evidence for her final attempt at having asylum granted?
As for the divorce and the monetary disbursement of funds in her husband's account, that would depend on the laws in the State of Michigan. If it is a community property state, then she has a claim to 1/2 of the property. That is if the husband hasn't taken the assets and hidden them before the divorce and disbursement of assets is made by the family court. If it is not a uncommunity property state, there is not much she can do.
1. Both she and her husband have applied for asylum with the assistance of an attorney?
2. Your sister has been denied twice and is currently waiting for a court date with an immigration judge. Has an order for her removal been received?
3. Has her husband's asylum case been successful or has his case also been denied?
4. Besides the employment authorization document (Form I-765 for $175) what else was she hoping to apply for to make up the difference of $55 from the $230 she spoke of?
5. Did her attorney not tell her that she could have requested a waiver of the fee for the EAD from the CIS?
6. Apparently her evidence of fear of returning to her country is weak and/or unsubstantiated if she has been denied twice. Has her attorney advised her on how to strengthen her evidence for her final attempt at having asylum granted?
As for the divorce and the monetary disbursement of funds in her husband's account, that would depend on the laws in the State of Michigan. If it is a community property state, then she has a claim to 1/2 of the property. That is if the husband hasn't taken the assets and hidden them before the divorce and disbursement of assets is made by the family court. If it is not a uncommunity property state, there is not much she can do.
i'm very glad indeed that you jumped into this thread...here are some infos that might help....i have to reply this myself since my sister still at work....i'll tell her to read all this info later.....
1. both she and her husband are assisted by an attorney but they had to change to another attorney since the previous one has to quit due to illness.
2. an order of removal has been recieved only by her husband but not her.....their attorney said they have different case...which i don't understand why since they applied the assylum as a married couple
3. her attorney only told her that 230 usd will be needed to apply a work permit (her attorney didn't specify what kind of form)....her attorney also told her that the chance to get the work permit is very slim due to time limit.
4. her attorney doesn't mention any waiver whatsoever....the attorney only speaks about fees and nothing but fees
5. her attornye doesn't give any advice on how to strengthen her case whatsoever....no attorney told her nothing since the first rejection..they only told her to wait for the process.....including this final one
why i have the feeling that this attorney doesn't do her job....
is there still any chance to get her case done
Jun 16th 2005, 4:32 pm
#21
Concierge
Joined: Apr 2001
Posts: 46,391
Re: Need advise...
Originally Posted by bebek swiss
i'm very glad indeed that you jumped into this thread...here are some infos that might help....i have to reply this myself since my sister still at work....i'll tell her to read all this info later.....
1. both she and her husband are assisted by an attorney but they had to change to another attorney since the previous one has to quit due to illness.
1. both she and her husband are assisted by an attorney but they had to change to another attorney since the previous one has to quit due to illness.
2. an order of removal has been recieved only by her husband but not her.....their attorney said they have different case...which i don't understand why since they applied the assylum as a married couple
What is order of removal based on? The drug conviction or the denial of asylum?
3. her attorney only told her that 230 usd will be needed to apply a work permit (her attorney didn't specify what kind of form)....her attorney also told her that the chance to get the work permit is very slim due to time limit.
4. her attorney doesn't mention any waiver whatsoever....the attorney only speaks about fees and nothing but fees
5. her attornye doesn't give any advice on how to strengthen her case whatsoever....no attorney told her nothing since the first rejection..they only told her to wait for the process.....including this final one
5. her attornye doesn't give any advice on how to strengthen her case whatsoever....no attorney told her nothing since the first rejection..they only told her to wait for the process.....including this final one
why i have the feeling that this attorney doesn't do her job.... is there still any chance to get her case done
is there still any chance to get her case done
Jun 16th 2005, 4:32 pm
#22
Account Closed
Joined: Mar 2004
Posts: 2
Re: Need advise...
4. The waiver is a fee waiver if you can show you can not afford the filing fee.
The attorney thing, well nobody can say remotely, if she is not happy with the advise she is getting she should at least seek an opinion elsewhere.
Just some things that occur to me, there are no doubt many more.
The case is weak and they are essentially just going through the system.
The Attorney is no good.
The Attorney does not feel that they will get paid and is putting the minimum input in.
The attorney thing, well nobody can say remotely, if she is not happy with the advise she is getting she should at least seek an opinion elsewhere.
Just some things that occur to me, there are no doubt many more.
The case is weak and they are essentially just going through the system.
The Attorney is no good.
The Attorney does not feel that they will get paid and is putting the minimum input in.
Jun 16th 2005, 4:48 pm
#23
Joined: Feb 2002
Posts: 6,848
Re: Need advise...
Which province is she from - is it Aceh?
Is her ethnicity Chinese or Indonesian?
I remember when I lived in Singapore that many Chinese families fled there as they were being butchered by the Indonesians. Perhaps this was why many Chinese Indonesians managed to claim asylum in countries such as Singapore and the USA.
If she is a native Indonesian then unless she is from a province with a lot of unrest it's probably more difficult for her to prove her claim for asylum and why a decision hasn't been made. It doesn't look good though if her husband hasn't been able to get permission to stay....
I know that the Indonesian authorities are rife with corruption at all levels and it's a patriarchal society which favours the male...so if the spouse has done a runner with the money I guess she's unlikely to recover her share of their joint assets without a major headache.
Is her ethnicity Chinese or Indonesian?
I remember when I lived in Singapore that many Chinese families fled there as they were being butchered by the Indonesians. Perhaps this was why many Chinese Indonesians managed to claim asylum in countries such as Singapore and the USA.
If she is a native Indonesian then unless she is from a province with a lot of unrest it's probably more difficult for her to prove her claim for asylum and why a decision hasn't been made. It doesn't look good though if her husband hasn't been able to get permission to stay....
I know that the Indonesian authorities are rife with corruption at all levels and it's a patriarchal society which favours the male...so if the spouse has done a runner with the money I guess she's unlikely to recover her share of their joint assets without a major headache.
Jun 16th 2005, 4:49 pm
#24
Just Joined
Joined: Jun 2005
Posts: 8
Re: Need advise...
Originally Posted by Rete
This, in itself, causes problems since the attorney is not the original and has to work with only notes from the first one and verbal information from the couple.
Yes, they have different cases. Asylum does not go by "couples" but by individuals. They each will have separate case and alien registration numbers.
What is order of removal based on? The drug conviction or the denial of asylum?
This will tell you about fee waivers: http://uscis.gov/graphics/publicaffa...er03_29_04.pdf
One has to have a strong case in order to be granted asylum. The case needs physical evidence to support the claim. For this you can use doctor's reports (both medical and psychologist), records from Indonesia attesting to persecution by the authorities or community, newspaper reports from Indonesia and other countries highlight the problem area that your sister is basing her asylum case on, etc.
Yes, as long as she has not been physically removed from the US there is always a case. Since she has no money, have her look for an agency that is a not-for-profit agency in MI that offers legal assistance to asylum seekers. I have a list at home, not with me, but will post what I find on the list for you later tonight.
Yes, they have different cases. Asylum does not go by "couples" but by individuals. They each will have separate case and alien registration numbers.
What is order of removal based on? The drug conviction or the denial of asylum?
This will tell you about fee waivers: http://uscis.gov/graphics/publicaffa...er03_29_04.pdf
One has to have a strong case in order to be granted asylum. The case needs physical evidence to support the claim. For this you can use doctor's reports (both medical and psychologist), records from Indonesia attesting to persecution by the authorities or community, newspaper reports from Indonesia and other countries highlight the problem area that your sister is basing her asylum case on, etc.
Yes, as long as she has not been physically removed from the US there is always a case. Since she has no money, have her look for an agency that is a not-for-profit agency in MI that offers legal assistance to asylum seekers. I have a list at home, not with me, but will post what I find on the list for you later tonight.
the order was based on the denial of asylum...
she did show some evidence from the newspaper reports to the court...well she gave the reports to her attorney ....it was about the big tragedy on may 1998...
i certainly will tell her about this pro-bono agency
thanks a lot
Jun 16th 2005, 4:56 pm
#25
Just Joined
Joined: Jun 2005
Posts: 8
Re: Need advise...
The attorney thing, well nobody can say remotely, if she is not happy with the advise she is getting she should at least seek an opinion elsewhere.
Just some things that occur to me, there are no doubt many more.
The case is weak and they are essentially just going through the system.
The Attorney is no good.
The Attorney does not feel that they will get paid and is putting the minimum input in.[/QUOTE]
well....she's been looking for loads of attorney and they all the same....and i didn't have any idea to suggest her looking for a pro-bono attorney
and i realise that her case is weak ....but still i hope...there's a way to settle her case
Just some things that occur to me, there are no doubt many more.
The case is weak and they are essentially just going through the system.
The Attorney is no good.
The Attorney does not feel that they will get paid and is putting the minimum input in.[/QUOTE]
well....she's been looking for loads of attorney and they all the same....and i didn't have any idea to suggest her looking for a pro-bono attorney
and i realise that her case is weak ....but still i hope...there's a way to settle her case
Jun 16th 2005, 5:02 pm
#26
Account Closed
Joined: Mar 2004
Posts: 2
Re: Need advise...
That was 7 years ago?
I doubt if anyone on this board has much knowledge of assylum in the US but would you not need to show a current situation?
It may be analagous to someone needong to obtain a waiver for a spouse to come from Indonesia, I would start with looking at the US Gov's own warnings and comments about the situation in Indonesia.
I doubt if anyone on this board has much knowledge of assylum in the US but would you not need to show a current situation?
It may be analagous to someone needong to obtain a waiver for a spouse to come from Indonesia, I would start with looking at the US Gov's own warnings and comments about the situation in Indonesia.
Jun 16th 2005, 5:02 pm
#27
Just Joined
Joined: Jun 2005
Posts: 8
Re: Need advise...
Originally Posted by Englishmum
Which province is she from - is it Aceh?
Is her ethnicity Chinese or Indonesian?
I remember when I lived in Singapore that many Chinese families fled there as they were being butchered by the Indonesians. Perhaps this was why many Chinese Indonesians managed to claim asylum in countries such as Singapore and the USA.
If she is a native Indonesian then unless she is from a province with a lot of unrest it's probably more difficult for her to prove her claim for asylum and why a decision hasn't been made. It doesn't look good though if her husband hasn't been able to get permission to stay....
I know that the Indonesian authorities are rife with corruption at all levels and it's a patriarchal society which favours the male...so if the spouse has done a runner with the money I guess she's unlikely to recover her share of their joint assets without a major headache.
Is her ethnicity Chinese or Indonesian?
I remember when I lived in Singapore that many Chinese families fled there as they were being butchered by the Indonesians. Perhaps this was why many Chinese Indonesians managed to claim asylum in countries such as Singapore and the USA.
If she is a native Indonesian then unless she is from a province with a lot of unrest it's probably more difficult for her to prove her claim for asylum and why a decision hasn't been made. It doesn't look good though if her husband hasn't been able to get permission to stay....
I know that the Indonesian authorities are rife with corruption at all levels and it's a patriarchal society which favours the male...so if the spouse has done a runner with the money I guess she's unlikely to recover her share of their joint assets without a major headache.
and yes....that's what i'm afraid of...she'll lose everything.....the husband will just get away with everything...
Jun 16th 2005, 5:10 pm
#28
Just Joined
Joined: Jun 2005
Posts: 8
Re: Need advise...
Originally Posted by Boiler
That was 7 years ago?
I doubt if anyone on this board has much knowledge of assylum in the US but would you not need to show a current situation?
It may be analagous to someone needong to obtain a waiver for a spouse to come from Indonesia, I would start with looking at the US Gov's own warnings and comments about the situation in Indonesia.
I doubt if anyone on this board has much knowledge of assylum in the US but would you not need to show a current situation?
It may be analagous to someone needong to obtain a waiver for a spouse to come from Indonesia, I would start with looking at the US Gov's own warnings and comments about the situation in Indonesia.
yup it was 7 years ago....
the current situation is actually a good idea...but most of them just stupids bombing....i don't know if this can strengthen her case...but i will start looking for the US Gov's warnings....will the warnings from about 3 years ago do....i'm not sure if there are any warnings recently....
Jun 16th 2005, 5:14 pm
#29
Account Closed
Joined: Mar 2004
Posts: 2
Re: Need advise...
Originally Posted by bebek swiss
she's from east java and she's chinese.
and yes....that's what i'm afraid of...she'll lose everything.....the husband will just get away with everything...
and yes....that's what i'm afraid of...she'll lose everything.....the husband will just get away with everything...
http://travel.state.gov/travel/cis_pa_tw/tw/tw_918.html - that's a start.
Jun 16th 2005, 5:20 pm
#30
Just Joined
Joined: Jun 2005
Posts: 8
Re: Need advise...
Originally Posted by Boiler
That seems to have happened already.
http://travel.state.gov/travel/cis_pa_tw/tw/tw_918.html - that's a start.
http://travel.state.gov/travel/cis_pa_tw/tw/tw_918.html - that's a start.
i know....
wow....thanks a lot for the site....thank you indeed....i'm checkint on it now
