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Shuvalav
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Posted on 04-27-08 6:52
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Dear Friends:
One of my friend got caught from border immigration officer while he was travelling in NY bus. He was caught while they were randomly checking people's identity.
Now he is released in $10,000 bond. But, his case is under proceeding to deportation.
Does anybody here have better idea ?? or better recommendation to help him remove that case from deportation ??
He was in F1 student visa but it is been few years he was staying out of status. They caught him for the over stay reason.
I spoke with few lawyers someone has good idea someone has not sure resolution. I never met anybody about such issue. I am just confused to help my friend for picking up a lawyer.
Does anyone know if someone resolved such case and freed from deportation ?
I really appreciate your support in this matter !!
Thanks
Shuva
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Shuvalav
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Posted on 04-27-08 7:22
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More info,
one lawyer is asking 40% for law suit. He says my friend might be eligible for law suit since they just jailed him from entire bus. He has big(moto pana) body than general people.
This lawyer says it is illegal to ask somebody's status without reason. He is saying they were not suppose to ask his privacy without any proof.
They just found him while they were checking that is not legal. Unless they can provide him written proof he is eligible to law suit the government.
Please give us your better ideas to make a decision.
I really appreciate your support !!
Thanks,
Shuva
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Nepaali
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Posted on 04-27-08 7:59
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I would stay away from the lawyer asking 40% for a law suit; although correct that law enforcement CANNOT ask for identification and proof of legal status without reasonable cause, if he was near a border crossing and "suspicious" in any way, then he may have a tough time proving Racial Profiling...i.e he would be paying the lawyer a whole lot of money without much chance of success at anything concerte.
Overstay is a major issue: depending on where you are in the U.S you may want contact some immigration based non-profits that could refer you to lawyers who knew what they are doing (i.e. will probably charge more than others but at least you know they will do a good job) Start calling places like the following and see if they can refer you to good immigration lawyers in their area.
National Immigration Law Center, D.C (213) 639 3900
Catholic Legal Immigration Network Inc (CLINIC): (202) 635-2556
Good luck!
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Nepaali
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Posted on 04-27-08 8:02
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oops, my apologies for the spelling mistakes in the previous post..
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Shuvalav
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Posted on 04-27-08 8:33
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Thank U nepaali jyu,
Is that gonna be free ? or are they helpful for nepalis ?
God bless you for your info !
Shuva
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Shuvalav
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Posted on 04-27-08 8:43
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Dear all,
I am dying to hear more for my friend. Thanks SO MUCH !
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HappyFace
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Posted on 04-27-08 11:21
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which city and state are you in and which city and state is your friend being represented??? I don;t know what to say abt the lawyer asking for 40%. You might want to contact Santosh Giri, a Nepali immigration attorney out of CA. He usually provides help to people here in sajha for immigration matter. Email him and ask for his opinion. His sajha email ID is santoshgiri. Hope this helps.
All the best to you and your friend!
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roker
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Posted on 04-27-08 11:24
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i think even illegal can file political asylum..think abt asylum...i have heard that even someone almost getting deported can claim asylum....its just i heard...m not sure...might be it gonna work....best of luck for ur friend....
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roker
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Posted on 04-27-08 11:25
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i think even illegal can file political asylum..think abt asylum...i have heard that even someone almost getting deported can claim asylum....its just i heard...m not sure...might be it gonna work....best of luck for ur friend....
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anamika1
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Posted on 04-28-08 12:16
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Shulav. Am not sure where you are or more so where your friend is. If he is in NYC area, there is an org who helps with this type of issues. I had referred this org to some Nepali folks who were helping this when this Nepali guy who was caught with some stuff he was not to carry when he was flying. This was few years ago so I dont remember the details of it. But this dude was featured on the news and it was after 9/11. If you are still looking for some constructive advice, send me an email and I can find and send you the details of this organization in NYC.
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Shuvalav
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Posted on 04-28-08 6:16
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Nepaali,Happy Face, roker and anamika1 jyu,
I give you all hat off ! for your kind info.
I live in DC(I also posted money $10,000 for my friend). He was and still living in in boston area. BUT, his case is located in NYC court, buffalo. He was caught inside the bus while travelling from public bus. That was in wichester,NY. They put him in weyne county jail. Next day,they released him after I posted their bond amount.It is almost 45 days he is not getting court date.
We are really afraid with the situation. And, finally found a lawyer but still having confusion to hire him. He gives me three options.
1) will remove the case from deportation
2)will file for asylum
3) and will file for law suit if he is eligible
This lawyer is based in washington DC. He is asking 2,000 plus hotel stay and airfair to NYC court. Moneywise, my friend might arrange but we are having tough time to understand, if case is winable ! we don't want to loose all the money and also the case.
Is it gonna be possible ? Does anyone knows similar case ? or if it is possible to win the case ??
Please suggest us. I wanna help for my friend with every small chances.
Thank you !
Shuva
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Shuvalav
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Posted on 04-29-08 1:34
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Anamika1 jee,
Thanks so much for your reply !
Please give me more infor of NYC to find better result for my friend since his court is located in NY.
Hoping to hear more .
sl
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