LeightonJ

Ok, Im fed up. Im tired (literally). I have worked 17 hours today. I am doing whatever necessary to pay the bills...since there arent many under-the-table jobs in the area. I have been a bitch in the past.....to say the least (this is Emily, btw). I am SORRY to Rete and all the others I have jumped on. Honestly, the more Ive been thinking about it, the more Im begiinning to doubt my lawyers abilities. I am sick of waiting for the bill to pass in September (or later). Jerome and I have been waiting since April. It is now September, and our lawyer has only slightly researched a few options. Im scared...i have no support from anyone, and i cant handle this very well. i just feel like speaking to someone from INS anonymously and explaining his situation. I feel like doing SOMETHING. IM SICK of sitting here like my hands are tied. i will admit...i got in the top 10 percentile in school, and am still in college, but i dont know a damn thing about government.....I managed to get this far by the skin of my teethh....so heres a question for someone......(YES, I want opinions on my theory) I know that when there are issues that need attending to, that there are bills written, and tried to be passed through the senate. So, here is my question......WHAT IF...I MAKE UP A PROPOSAL AND EXPLAIN MY HUSBANDS SITUATION, AND ALSO ASK THAT THERE BE A BILL WRITTEN ESPECIALLY FOR CHILDREN WHO WERE SNUCK ACROSS BORDERS, AND GROW UP NOT KNOWING THAT THEY ARE INDEED NOT AMERICANS???? I know that there probably aren't many people in my husbands situation, but there has to be SOMEONE else out there who is or will be going through the same hell that we are expericencing right now. Afterall, if his mother accomplished it, others could have also...Of course, this proposed bill should only qualify to those children who were dragged here before, say September 2nd, 2002, or else there would be tons of mothers dropping there kids off at the borders to have them sneak over when they fnd out that there is a new bills....any suggestions?

Des

Emily,

research this website - www.shusterman.com.

Mr. Shusterman is a lawyer in California, and in a case last year where he managed to
have a teenager stay in the US - with presidential signoff (Clinton). The story:
this boy was from Canada, living with his parents, while the rest of his extended
family (including his grandparents) were in California. His parents were killed
in an accident, and the orphan was taken in by his grandparents in LA. The INS
did not allow him to stay, and Mr. Shusterman took the case all the way to the
President - it worked.

If anyone has an idea how to handle this situation - and my inkling is that you might
still be faster waiting for LIFE2 to pass - he's someone who can help you with it.

- Des

Chris Parker

    > So, here is my question......WHAT
    > IF...I MAKE UP A PROPOSAL AND EXPLAIN MY HUSBANDS SITUATION, AND ALSO ASK THAT
    > THERE BE A BILL WRITTEN ESPECIALLY FOR CHILDREN WHO WERE SNUCK ACROSS BORDERS,
    > AND GROW UP NOT KNOWING THAT THEY ARE INDEED NOT AMERICANS???? I know that there
    > probably aren't many people in my husbands situation, but there has to be
    > SOMEONE else out there who is or will be going through the same hell that we are
    > expericencing right now. Afterall, if his mother accomplished it, others could
    > have also...Of course, this proposed bill should only qualify to those children
    > who were dragged here before, say September 2nd, 2002, or else there would be
    > tons of mothers dropping there kids off at the borders to have them sneak over
    > when they fnd out that there is a new bills....any suggestions?

I don't know, it sounds like just another push to reinstate 245(i), which allows
eligible noncitizens who entered without inspection to nevertheless apply for
adjustment of status.

What you might want to consider is to write about your situation is to your
Congressman. In situations where there is no legal recourse available, your
Congressman may introduce a "private bill" for the House Judiciary committee to
consider which would provide specific for just Jerome. Passage of such a bill by the
Congress would legalize just Jerome, based on his extenuating circumstances, and the
hardship on you as his spouse.

You can read about the details of this process here: http://www.house.gov/judiciary/privimmpro.pdf

It will take time for them to consider a bill like this, and I have doubts the 107th
Congress will be able to act on it before it adjourns in December. Asking your
Congressman to introduce it in January in the 108th Congress (assuming he is
re-elected) would be better.

Good luck. CP

LeightonJ

Thank you sooo much! I will definitely look into this...thanks for responding!
-em

Just Jenney

Hi Emily...

First of all, no worries about the posts flying back and forth the past few days. It's understandable (at least to me) that you're very stressed and worried about all this. I think you'll get a much better reception, though, now that you're not on the defensive. People on here genuinely want to help, even if it means passing on bad news.

Here's something that's been bothering me since I started reading your posts...

Ever since I realized that you gave $1000 to your lawyer to hold for you -- for the time when and IF that bill is passed by Congress -- I can't help thinking, "Every day he holds that $1000, that's more money in the bank for HIM!" He's earning interest off of your money, even though he's doing something you could do yourself -- that is, putting it aside until that bill is (hopefully) passed.

From what others have said, it seems like that bill vote may be some time off, and even then, it may not work in your favor. You might as well have that money in your bank, either so you can earn interest off it in the meantime, or just in case you need it in an emergency should one arise (knock wood).

I would ask for that money back, particularly if you're starting to have doubts about your lawyer's ability and/or intentions. He's working for you, and therefore should have no problems giving it back. You don't even have to tell him why you want it back; you're entitled to do with it what you wish, since it's not part of your retainer. (You already paid him $5000 for his services, anyway.) When and if that bill comes to fruition, you can just pay the $1000 then.

If he refuses to give it back to you, for any reason, that's a MAJOR red flag, and I would beware.

~ Jenney

gardencity

Emily

I am sorry to hear of your situation. It is sad that a young couple like the both of you has to undergo such hard times. I hope you can both get a firm grip on the situation and stay tough to last it out.

Btw..

Perhaps it is time for you to take back that $1k deposit before it is 'eaten up'. You work such long hours.. all the more so that this amount is not insignificant to your cause.

Perhaps you should call on Shusterman for his expertise advice.

I wish you God's blessings and hope this ordeal will end favourably for you in the shortest time possible.

Mdudall

    >Ever since I realized that you gave $1000 to your lawyer to hold for you -- for the
    >time when and IF that bill is passed by Congress -- I can't help thinking, "Every
    >day he holds that $1000, that's more money in the bank for HIM!"

Hi Jenney, I'm coming into the middle of this thread as I don't know anything about
the problem the original poster is having or what state he or she and his or her
attorney are in, however if it is California, than the interest on the 1K is not
going to go to the attorney.

California has very strict rules about how a client's money is handled. Until
earned (or in this case, sent to INS since the money is an INS filing fee), it
would have to go into the Client Trust Account. All California attorneys are
required to have Client Trust accounts for this situation, and the interest
generated by the Client Trust account is automatically transferred each month from
the bank right to the California State Bar and is used to provide various things
such as services for people who cannot afford legal services. A California attorney
would not be able to touch that interest generated by the Client Trust account even
if he or she wanted to.

I see these transfers to the State Bar each and every month on my monthly Bank of
America bank statement for my client trust fund account.

Again, I don't know what state this attorney is in, but I'll bet most states have
similar rules.

Got to go (just got off the ship this morning, and I can still feel it rocking as I
type this :-).

Regards, Matthew Udall Attorney

Just Jenney

Aaah... well, to catch up, go see these threads (in this order) -- it's quite a complicated mess and I'm sure your input would be much appreciated by Emily and Jerome:

"Anyone had process started and allowed to stay?"
http://britishexpats.com/forum/showt...threadid=95602

"Rete"
http://britishexpats.com/forum/showt...threadid=95667

According to their profile, they're from NY.

I didn't consider that initially, but that makes sense that the lawyer wouldn't directly benefit from the interest gained by holding money for a client.

However, that doesn't negate the fact that the interest is NOT going to the client -- assuming NY has the same sort of regulations on this as CA does. From the sounds of it, Emily is working her butt off, and $1000 doesn't seem like something she'd just having lying around. Additionally, she's stated how her confidence in this particular lawyer is getting shaky, so I would think it would make her feel better to get that money back, seeing how it may languish in some account somewhere for who-knows-how-long.

I suppose my concern was more about the fact that this guy doesn't seem like he's being upfront with everything, and $1000 seems like a lot of money to hand over to someone for a "what-if," especially if they really need that money to relieve some financial pressure.

~ Jenney

Chris Parker

    > TheINS did not allow him to stay, and Mr. Shusterman took the case all the way to
    > the President - it worked.

Its funny how people always seem to expect that a good lawyer, the president, or
their Congressman can somehow get the INS to do something contradictory to what
the law says!

The requirement for inspection upon entry in order to apply for adjustment of status
is in the law; it is statutory not discretionary.

Jerome isn't in removal proceedings; he's just impatient. He needs to wait, and I
truthfully don't see what his rush is all about.

CP

LeightonJ

Marika

gardencity <[email protected]> wrote in message
news:<[email protected]>...

    > I am sorry to hear of your situation. It is sad that a young couple like the both
    > of you has to undergo such hard times. I hope you can both get a firm grip on the
    > situation and stay tough to last it out.
    > Btw..
    > Perhaps it is time for you to take back that $1k deposit before it is 'eaten up'.

I hope that is not in Euros, because I just read that they contain ink that is
poisonous if eaten

Des

CP, I referred to a very specific case, in which this particular lawyer was
able to help.
- Des

Mrtravel

Des wrote:
    > CP, I referred to a very specific case, in which this particular lawyer was able
    > to help.
    > - Des

Different issues, different president, different attitudes toward illegal entry post
9-11. If he had left prior to turning 18 1/2, he could have EASILY gotten a visa.

Chris Parker

    > Cp, I have to argue with you for a minute. I know that it seems simple for us to
    > just be patient, and I tried that the first 5 months of waiting, trust me.....but,
    > its easier said than done. Jeromes case is such a unique one, because it is not
    > like he just got fed up with his country, and decided to hop across the border
    > illegally, ya know? He went to high school and got his GED and was looking into
    > going to college, getting a job and starting his life when he found out that he
    > couldnt because of his stupid mother. We are so ancy, because we want to do so many
    > things and we cant. I want to go back to college full time not just part time but i
    > cant because i have to work as much as possible because he cant....and we all know
    > the bills must be paid. We want to have children but i dont dare now, not knowing
    > if my husband will even be here to be part of his babies life..or if he is here,
    > and he doesnt get caught, not knowing if i will be able to support a baby on my
    > wages......so, sitting around like a bump on a log waiting is literally driving me
    > crazy, and, i feel that if some "higher up" on the government ladder knew of his
    > situation, that they might be able to help.....

Okay, I suppose this means in all this time, particularly after age 16, Jerome still
does not have a social security number. He cannot get a driver's license, he cannot
work, he has no bank account, he has no credit, he and his parents have never filed
income taxes, etc. You're right, it is his parents' fault mostly, but after age 18 it
became his fault also. I assure you, however, Jerome is not alone and he is just the
first of many now becoming adults and finding themselves in this bizarre situation.
Marrying you may have been the right thing for him to do, if the marriage is a
legitimate one as it sounds like it is.

There are two things you can do:
1) Write your congressmen and senators about your situation, and support that INA
245(i) should be made permanently available, but only to those who were brought to
the U.S. as children prior to, say, 1986 or 1996 or something. The amnesty does
not offer a threat to national security for children brought here in the past,
helplessly, as it clearly does for the adults.
2) Jerome needs to find a job in self-employment. He certainly cannot be sitting
around at home all day for the rest of his life waiting for the Congress to do
something, maybe. His career options are limited until such time. Depending on
his education and experience, some examples of the work opportunities that may be
available to him include home improvements, property maintenance, business owner,
daycare operator, private courier, doctor, lawyer, etc.

Your situation is sad, and this is one of the unfortunate consequences of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.


CP

James Donovan

That's a very special case. It's not self inflicted hardship like others who sneak
across the border.


[email protected] (Des) wrote in message
news:<[email protected] om>...
    > Emily,
    > research this website - www.shusterman.com.
    > Mr. Shusterman is a lawyer in California, and in a case last year where he managed
    > to have a teenager stay in the US - with presidential signoff (Clinton). The
    > story: this boy was from Canada, living with his parents, while the rest of his
    > extended family (including his grandparents) were in California. His parents
    > were killed in an accident, and the orphan was taken in by his grandparents in
    > LA. The INS did not allow him to stay, and Mr. Shusterman took the case all the
    > way to the President - it worked.
    > If anyone has an idea how to handle this situation - and my inkling is that you
    > might still be faster waiting for LIFE2 to pass - he's someone who can help you
    > with it.
    > - Des