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update time, woo.

the lawsuits are failing miserably. the lawyer said, you may have a viable case vs Motorola, however, it would be weak becuase you are considered a 'third party'. which is completely unfair to even say, we were always hurt more then my dad from there torment. i could never work, neither could my mom, that didn't help much ever and so on....

as far as the 'medical claim' goes, that's a no go at all, been too long. which is total bs too, they were the ones to say we might have such a case.

as for the lawyer, we have to pay $10k in retainer (they take from this and return what they do not use again) and then they are going to get an immigration expert to figure out if he had any malpractice in all this, which he obviously did. so we are paying the $10k and if we have a trial, we will have to pay another $10-20k for that... a bit rediculous, but if you think about what we should get back, then I don't think it's too bad.

now, we got a response from the General Attorney, Lisa Madigan:


excuse the somewhat poor quality, it was scanned in.

now that isn't right, and here is our response to them so you can see how that is not right:

November 14th, 2003.

Dear Public Affairs Officer, Micah Roderick and
Attorney General, Lisa Madigan.

Re: REF NR: 03-42060

Thank you very much for responding to my letter.

I contacted you because of the following paragraph from the Immigration and Nationality Act/INA: ACT 212 (page 15/17):

(v) Waiver. The Attorney General has sole discretion to waive clause in the case of an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have the jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

Please explain to me why you say that this is outside the jurisdiction of your office?

I contacted you because I’ve tried everything else. Congressman Phil Crane and Senator Peter Fitzgerald have contacted the Embassy in Copenhagen several times. The Consul General at the embassy says that he has no discretion to issue a visa for humanitarian consideration.

I’ve recently contacted the BCIS in Nebraska because that was where our petition for visa was processed. They cannot help us in any way. If BCIS had made a mistake, our case could have been reopened, but it was our immigration lawyer, who didn’t respond to a Request for Evidence from BCIS and therefore our petition was denied due to abandonment.

The problem seems to be that we are not present in the US, which is necessary for the BCIS to take any action on our behalf.

It has been explained to me that because we are outside the US the decision is up to the discretion of the State Department and the Attorney General.

It looks like we have landed in a very unusual situation, where nobody knows what to do. That is why so many parties have been involved without being able to help us. Our case seems to be outside everybody’s jurisdiction.

I also contacted you because of your involvement in the Civil Rights Bureau. I believe that all our human and civil rights have been violated.



RE: HUMAN/CIVIL RIGHTS.

The right to have a life. Ever since my husband died we have had no right to have a life. We had no right to work like any other human being. The only way I could earn a living and we could stay legally in our home of eight years in Illinois was to open a business trading with our home country Denmark. Our immigration attorney destroyed this opportunity, when he didn’t respond to The Request for Evidence in a timely manner. He was representing us and we trusted him. We do not have a life and we cannot start a new life, because everything we own is locked up in a house thousands of miles away and we have no access to our personal papers like credentials and school records. We have lost our identity.

The right to freedom. Our freedom was taken away the day our passports were stamped by the embassy. Not being able to go back and take care of our personal matters prevented us from working and earning a living, from going to school and from receiving healthcare.

The right to be safe. For the last 16 months we have not been safe. We have been thrown into despair over and over again. Sometimes we had hope but the hope was crushed every time.

The right not to be tortured. Not being able to have a life or any hope for the future for 16 months and not being able to do anything about it, is the worst torture any human being can ever experience. It is like being in jail. The only difference is that prisoners know for how long they are being incarcerated. After a year and four months, we still don’t know, when this torture will end. It is the most devastating experience to see my kids suffer day and night, month after month because they have lost everything, to see them suffer because they don’t speak or understand the language or the culture of the people of their home country, Denmark, because they have been living overseas for more than 10 years. It hurts even more, because they have already tried it before. It takes many years to be accepted in a strange culture.

The right to be treated in a human way. The way we have been treated because our husband and father passed away is not human in any way. Every other family, who experience a tragedy like that, normally receives a little help to start building up a new future. We got no help at all. Instead we were knocked out time and again. The most important part of a possible future was crushed because we could not even stay with our friends, pets or memories.

The right to freedom for banishment. When we left the US July 12th, 2002, we had no idea that we had been banished for life. It is very sad that if we had stayed until after August 1st, 2002, we would only have been banned for three years. It does not make any sense.

Equality after the law. The way we have been treated is nowhere near the way any other people are being treated. The law is supposed to help people, not to destroy their life. That is why thousands of Americans cannot understand how and why this could happen to us and why nobody can help us.

The right to work and social security. By the time my husband passed away, I had already been denied a work permit for seven years. When he died I was still prevented from working. Please explain the following paragraph from The Immigration and Nationality Act/INA: ACT 214 – Admission of nonimmigrants, for me. (Page 2/14):

(E)1c/ In the case of an alien spouse admitted under section 101(a)(15)(L), who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an employment authorized’ endorsement or other appropriate work permit.

I would like to know, why nobody took action to give me such a work permit? As I already told you Motorola failed three times since 1997 to process the papers for our permanent residency. Apparently I could have gotten a work permit without the green card. The social security office issued me a social security card saying that I had no right to work. Motorola never mentioned that I could get a work permit without the green card. Who was responsible for not informing us about this option? (My husband was a nonimmigrant admitted to render services in a managerial capacity under section 101(a)(15)(L).

Please advise me what to do, since your recommendations have already been tried without any solution to our problems. We feel totally stuck.

If possible can you please respond to my e–mail address, because there is a 2-3 weeks delay of time because any mail to my address in Illinois has to be re-sent to me in Denmark? I promise, that I will not misuse your e-mail or give it to anybody else. I didn’t receive your letter, dated October 30th, until today, November 14th, 2003.

I once read, "Life isn't what you're given, but what you make it and how you are able to assist others so that your legacy may live on forever," please help me to do this for my children.


Thank you very much!

Sincerely,
Lisbeth Filtenborg.

all in all, I think that it's all a bunch of crap. all these 'officials' pretty much lay there work onto others, so the senator says go to the congressman, the congressman says 'we can't do anything' when and if they ever even respond (makes me think they can help..) and the attorney general also says to contact senator / congressman etc.

not sure what to say but, I still believe this is possible in someway.

again, thanks for reading... if you have an idea/comment, post or pm me.
 
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