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Sorry, BlueJeans, I stand corrected. I thought what you were speaking to was working here, my apologies. I still implore you to come here legally, if you do choose to come, in that case we will welcome you with arms wide open.
MBG
Thankyou, midnightbirdgirl, I think that link I gave in my edited post would be the way to go legally.
JerZ: It's actually a part of a much larger law, and I have no idea, even with this law, why I'm not allowed to receive earnings. In a nutshell, a government psychologist misinterpreted my normal adolescant behaviour as something called "aspergers syndrome" and planted the idea into my mothers' head that I had it. Amazingly, I was diagnosed with this, when I was actually 200 miles away from the diagnosing psychologist! Anyway, she has used this diagnosis to have my affairs ("only" financial at this stage) under the control of a guardian, appointed by the state government. Something such as just moving to another state can be hard when the state government has the ability to say that your judgement is impaired/you would be a danger to yourself or others - hence my saying that I could be forcibly detained if I tried to go to another country.
A psychiatrist diagnosed me with well, nothing, to which my mother became hysterical, citing over and over that someone with a degree made the diagnosis, and security had to be called to have her thrown out of the building. However, when you have a guardian, you're not allowed access to your medical records (believe me, I've tried) so I can't prove that I'm in good mental health. Guardianship law is pretty powerful stuff - we're talking about a board that can force a pregnant woman to undergo an abortion if "they" decide her having a child isn't in the mothers' best interests.
When this started, I tried to get some justice in Sydney - I went straight to the federal government, to a social worker, who tried to liase with my guardian for 3 weeks - she put her foot down and said "we control his money, if we keep it from him, he'll be forced to come back eventually" - the social worker was almost in tears, saying he didn't know what I could do. I definately cannot legally move or go to the press about my situation. The whole not being able to recieve a wage - I rung this guardian once, and said "If I got a job, I'd be able to recieve my earnings, wouldn't I?" (obviously this would mean I could in fact move) - her answer: "of course not". This guardian recieves my welfare payment and pays a percentage into my bank account. I cannot open a bank account in this country without the state government knowing about it. Anything that's meant to be paid to me can be "intercepted" by the government - heck, I can't even change my address, because guess who my documents go to! I'm not even entitled to a copy of my bills, so I have no idea what my expenses are, and this is coming from a department that is meant to teach people to be financially responsible!
Because of our constitution, this guardianship law is a state law, and state laws were allowed to be made and not intefered with by the federal government when the constitution was drafted - "residual powers". Obviously universal things such as murder being a crime apply nation-wide. I've tried every legal recourse as well as all relevant politicians. This is how I came up with the idea of seeking asylum.
I can't go to the press about my story (restriction on freedom of speech?)
I'm not allowed to move (restriction on freedom to travel)
I'm not entitled to a wage if I decide to take up paid work.
The treatment of this guardian, who is employed by the government, could be seen as degrading/inhumane (this is a bit of a stretch).
Some countries will also accept an asylum seeker if they have reasonable fear of persecution if they were to return to their country - I certainly would be persecuted in some way, trying to blame "them" for not following human rights obligations would definately not go down very well!
I figure that even if I wasn't accepted, the media would ask "why would an australian want to seek asylum?" and would interview me on my return, regardless of the punishment (for them, it's a $5,000 fine). If that was possible, either way, I'd "win".
All of that is likely to sound a bit convoluted and have a lot of holes in the story. But, the alternative was to copy and paste the story I tell everyone, cookie-cutter style. I think it's best to tell the story according to the situation (in this case, how would I go about migrating?), rather than try and apply the same story to every situation. I can pm the story on request.
JerZ, sorry for such a long answer to a simple question. It likely raises more questions than it answers, but it's the truth.
Bluejeans, I can tell you that in the U.S. a person who has Asperger or has been diagnosed with Asperger wouldn't be kept from working. That's so bizarre. Actually, some of our most brilliant minds have probably been Asperger Syndrome minds.
It is probably the highest "functioning" (from the social definition, meaning being able to support oneself, tend to one's needs, etc.) form of autism. Or...well, that's sort of an oversimplification. Really, AS is one condition under an umbrella known as Pervasive Developmental Disorder, and sits beside, but is not, "classic" autism, so some people call it autism, some don't; professionals skirt it altogether by saying it's AS and AS is AS and that's the end of that.
I'm saying all this because on the off chance that you might have AS, it would not make you mentally ill. Naturally no two AS people are alike. No two of any people are alike. What I'm driving at is--so what if you did have AS? It WOULD NOT mean you were "mentally ill". Autism spectrum disorders are diagnosed by psychiatrists or psychologists but not because the person is mentally ill, certainly not in the way the superiors in your story seem to be describing. I just wanted you to know that because if you do have AS (which it seems you may not), you would be no more "mentally ill" than anyone else. You would have the same chance of being mentally ill as anyone else. Some AS people become mentally ill just as some neurologically typical people become mentally ill. AS is neurological but is not a character flaw.
My son has Pervasive Developmental Disorder and doesn't have much speech yet. He is almost four. He has been in the state and now school systems for two years receiving classes and therapies. They are *all geared toward the future* with a heavy emphasis on life skills. In other words...the hope for each and every autistic child is that he or she come as close as possible to leading independent lives. Obviously that includes working.
Okay. Here, in the U.S., even if you carried your AS label with you (inaccurate or accurate), you would not be stopped from getting a job based on that. As a matter of fact, nobody would even think to ask. People who do have AS tend to be "a little different", to different degrees. Many AS people talk a little "robotically" and tend to have difficulty, but not unwillingness, in being social in the "standard" way. They'd be the absentminded professors. They are often loved for that fact alone and never even realize it. And they certainly do get hired. By droves.
HOWEVER...without a work history you could have difficulty. *Here's what I would suggest.* Contact the U.S. consulate or whatever (I feel like an idiot admitting I don't know what that's actually called or whether that specific division would apply to you)...anyway, do some research and contact someone over here with your explanation. Ask where you can go from here. If you just land here and then start looking for work willy-nilly and try to repeat your story, you gotta know people will be saying "Oh we do NOT need these many issues in an employee" and smile politely and never call you back. Not when there are ten more people lined up behind you with no story at all except "Here I am, I've worked before, I'll work for you for next to nothing, please hire me". You need some help and you need to find it ahead of time...before trying to move here.
I absolutely feel for you. This story is pretty terrible. I don't believe you would have been treated the same way here. Here, the whole emphasis is in having children diagnosed under the PDD umbrella, grow up to be what is known as "productive" adults. Or, not the whole emphasis. I mean we want our kids to be happy, to have fun. But teaching life skills is huge. It's hard for me to think about PDD kids being told they shouldn't ever do anything with their lives. It's just plain weird. I do feel for you. Good luck.
The more I read about your situation the more it is clear that the solution to it resides with in Australia. I don't know why you can't go to the press. Are you saying that if a reporter speaks with you he will be fined $5000? That sounds very unusual. Can you seek pro bono legal assistance? Interesting cases that can generate publicity often cause attorneys to work for free.
Mostly it seems you need to work this out in Australia. Asylum would probably never work. No US civil servant would take the risk of approving your petition.
BlueJeans...now I really feel like a oaf...My son has Asperger's syndrome.
I cannot imagine a country not allowing someone with AS employment. That is horrid!
My son has a genius IQ as do many with AS, what a waste. No wonder Australia is not known for it's technology!! They squelch the most brilliant minds and tell them they are worthless. That stinks.
If I had a business I would sponsor you myself.
As my husband is an Immigration officer, I will speak with him about your situation, he might have some ideas.
JerZ: The whole thing about AS is that I sat down with a friend one night, who wanted to know just what "it" what, after reading the diagnositic criteria, he came to the conclusion that going by it, half the people in the world could have it. Narrow interets? Well, some people collect beer cans... Not making eye contact? Some people are just shy... Don't feel bad about not knowing what dept. in the U.S consulate I should go to, you've probably never needed to know yourself!
kettlepot: My adopted father was also under one of these orders, but IMO legitemately, as he'd just had a stroke, and he'd found he couldn't go to the press. I guess "they" rationalize it by saying it's for the protection of the person. I didn't want to mention it in my initial posts as I thought nobody would believe me, but it's also in the books that a journalist can be imprisoned for 2 years also, for reporting on one of these stories. IIRC, this part of the law is on a site somewhere, which I'll try and dig up.
You're not the first to bring up the idea of pro bono. However, keep in mind that what's been done to me is in effect legal in this state, so there's nothing a state lawyer could do. I don't think a federal lawyer would need publicity to be willing to work pro bono. While it's definately an Australian problem, it seems it can't be solved here. In any case, being denied asylum, as I mentioned, may even be a winning situation - even if it was a half-hearted attempt at a cost of $200 of seeking it in New Zealand (Since our countries are close - U.S/Canada close - I'd never try there, for out of fear that they'd just turn me back to australia). My country shouldn't get a bad name just because the department of one of their states doesn't want to live up to our U.N obligations!
midnightbirdgirl: AS has been recognised here as a real illness for only a short time. I didn't add anything in front of "illness" as people here, even those that should, poorly understand it, especially this guardian. Either that, or they want to lump me in with all their other clients that really don't have a clue when it comes to finances or life skills - no illnesses come to mind, but maybe some sort of psychosis, and oh, people with an Acquired Brain Injury like my foster father. They just don't take the 5 minutes to look at my case seperately and realise "say, his situation is a bit different from a lot of our other clients". Did I mention that I am forced to spend 1/8th of my gross income for their "service"? And as a friend said, if you're on one of these orders because they say you can't make financial decisions, how is denying you knowledge of your expenses going to teach you anything?
When you talk to your husband, let him know that they say it's too much work to send me copies of my bills.
Oh, and one last thing - assuming everyone on this forum is from the U.S, I'm suprised at your reactions to hearing about this aspergers syndrome. Everyone else I've talked to from the U.S calls people mentally ill, no matter what they have, and when I've pointed out that this might be too much of a blanket term, I've been called "too P.C". This is actually the first forum where I haven't had anyone say "this is all in your mind and you're paranoid" and I've told them exactly what I've told you folks!
I strongly recommend trying to get into the country via a legal channel and NOT illegally for a few different reasons. First, I don't agree with shunning American laws, even if your situation is dire, which it sounds like it may be. I understand your want/need to flee the situation, but doing so against the law of the country that will be supporting you isn't the answer, IMO.
Another thing, if you come here illegally, you're not going to be able to just walk into a place of employment and get a job, because you won't have a SSN, etc. So you'd be forced to work hard labor jobs for very little money. Poverty is a very real outlook for you this way.
You also mentioned possibly taking advantage of our overly generous handouts of welfare, food stamps, medical insurance, etc. If you come to this country legally and try your best to earn a living and still find yourself in need of government assistance, then that's what these programs are for and you would have every right to use them.
But, if you come here illegally and take advantage of these programs, then you're taking assistance away from some rightful citizen who needs it, also making tax payers pay for you to benefit from government aid illegally, so keep that in mind. As much as you want a better life, I'm sure you also want to be dignified in how you go about it, and this wouldn't be the way to do that.
It definitely sounds like you need to figure something else out for yourself. Just please do it legally for your sake and the sake of the country with which you wind up. If I were you, I'd look into hiring an attorney in Australia to help you. Are you sure you don't have more options out there and are just being told by your mother and gaurdian that you don't? It just seems so ludicrous how you're being treated. Good luck to you.
bkeast, I can say with confidence that there really is nothing I can do here short of working for cash. You see, what's being done to me is legal under state law - how I'm being treated is supposedly illegal under international law, but when our constitution was drafted, the states were given the power to make up most of their own laws without the federal government intervening. So there's nothing there for even a federal lawyer to take up. I can work for cash, but that's bad for poth me and the taxpayer.
I pretty much put forward the idea of coming illegaly as I'd read about a lot of people complaining about behaviour of some illegals, and thought, well, how would they feel about an illegal that acts completely the opposite? I don't think I'd have the nerve to cross in illegaly (dismissing the line in "the terminal" about most asylum seekers disappearing after their trial date and never being found, and the "as long as you're white, you'll likely be waved through a mexican border" - don't think so after 9/11). It sure did get attention though, and it's helped me cope with the whole dilemna as well as getting a bit of support, as dishonest as the initial post may have been.
I would imagine the life of an illegal to be like a life on the run, along with the good chance of being exploited. As I said before, asylum is win/win - there's a safety net of sorts while the process is going forward, and if I'm denied right off the bat, the media will want to speak to me, which would almost certainly push the wheels of change. I do want to explore this option of everyone on an Australian pension being elegible for welfare in the U.S - i imagine I'd need 3 months max to adjust and get out there and get a job. Whether that falls into taking support off of people that need it (well, from an american to australian citizen) I don't know, but it has to be better, morally, to live with.
I have a much more practical solution for you, but you have to enlighten me with your end of expertise in the matter. You're a member of the Commonwealth of Great Britain: doesn't that entitle you to easy emigration to England or Canada?
I would think that move would satisfy all your personal requirements: more sophisticated work environments, large urban excitement, modern dazzle. You'd be able to work, with the more modern government agencies at hand to evaluate you as one of their own. If this is legal, and you don't follow this course of action available to you, I otherwise tend to think you want to emigrate to California solely for the weather and our silly cinema image.
The reality you will be facing here is as a helpless, hapless, homeless itinerant with no health care possibilities like you'd find in the Commonwealth of Great Britain if you're hiding as an illegal here in the U.S. In L.A., our mutually sad and disastrous situation is that if you were an illegal from Mexico, many misguided, partisan apologists would hide you and falsify documents for you. As an Aussie, you're sort of obvious here as not homegrown. The Aussies here are working visa people, investment visa people, green card people or other legal people, good international citizens all. I recommend you obey international laws, our laws as well, and take advantage of the genuine perks of your own laws. And by the by, our welfare laws are NOTHING like Commonwealth laws: I don't think you've given this any practical thinking through. Coming here for welfare is leaching, leaching, leaching, like any other illegal.
This is despicable, and against everything America was founded upon. Taxation upon American citizens in California has made us a poorer state than most because of the inequity of the vast numbers of illegals coming here from south of the border. The middle class and working poor poor are being taxed away. I myself am being forced out of my home state of the last fifty years. I resent you, and all other illegals taking my American taxes from me for your criminal behaviour of breaking Federal statutes and making the working poor like me pay for you and pushing us from our home. How dare you?
Last edited by fastfilm; 04-04-2007 at 04:44 PM..
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Not when there are ten more people lined up behind you with no story at all except "Here I am, I've worked before, I'll work for you for next to nothing, please hire me". You need some help and you need to find it ahead of time...before trying to move here. 
