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Old 09-10-2013, 11:52 AM
 
Location: Kalamalka Lake, B.C.
3,190 posts, read 4,436,612 times
Reputation: 4179

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I took my green card hearing primarily to find out who called in my green card status. (1997)
My own lawyer said I wouldn't be finding that out. Oh, really?

I have an issue with this. When people call in harm how can you defend yourself if you
don't have the court verify the truth by putting it in front of you?

My poly sci. degree says that's what America is all about. Even if the court is intent on
running a program at least you get to attempt to defend yourself.

Can anyone think of a way to get this information?
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Old 09-10-2013, 12:08 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,139,446 times
Reputation: 26597
I'm not sure what you mean but if you're here illegally it makes no difference who (if anyone) snitched on you as I believe one can do this and remain anonymous. You're not going to be investigated if there's nothing to investigate but if you've done something which has raised a red flag with the immigration authorities then you have to answer to it, regardless where the information came from.
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Old 09-10-2013, 01:13 PM
 
Location: Back at home in western Washington!
1,490 posts, read 4,283,307 times
Reputation: 3236
Quote:
Originally Posted by thedwightguy View Post
When people call in harm how can you defend yourself if you
don't have the court verify the truth by putting it in front of you?
What harm was done to you?
What do you have to defend yourself against?

I don't know much about the green card process, but unless you are doing something you shouldn't be...why the angst?
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Old 09-10-2013, 02:21 PM
 
Location: Kalamalka Lake, B.C.
3,190 posts, read 4,436,612 times
Reputation: 4179
Default Reading too much into the point

Quote:
Originally Posted by STT Resident View Post
I'm not sure what you mean but if you're here illegally it makes no difference who (if anyone) snitched on you as I believe one can do this and remain anonymous. You're not going to be investigated if there's nothing to investigate but if you've done something which has raised a red flag with the immigration authorities then you have to answer to it, regardless where the information came from.
The issue wasn't being here illegally. You're assuming too much.
The information came down from Canada and has since been discredited.

What I was asking about is that when this information is wrong but kicks into gear a process, why
don't you have the right to face that information and "adjust" it if not outright prove it wrong.

Last edited by thedwightguy; 09-10-2013 at 02:22 PM.. Reason: spelling
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Old 09-10-2013, 02:22 PM
 
Location: Kalamalka Lake, B.C.
3,190 posts, read 4,436,612 times
Reputation: 4179
Default That the point: I don't know what I have to defend against

Quote:
Originally Posted by Sabinerose View Post
What harm was done to you?
What do you have to defend yourself against?

I don't know much about the green card process, but unless you are doing something you shouldn't be...why the angst?
What's the "value" of a green card? $1.? A billion dollars?
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Old 09-10-2013, 02:31 PM
 
16,940 posts, read 2,198,963 times
Reputation: 27956
I do not understand what you want to say with "I took my green card hearing primarily to find out who called in my green card status. (1997)". Can you elaborate as this is 2013.
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Old 09-10-2013, 02:44 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,139,446 times
Reputation: 26597
Quote:
Originally Posted by thedwightguy View Post
The issue wasn't being here illegally. You're assuming too much.
The information came down from Canada and has since been discredited.

What I was asking about is that when this information is wrong but kicks into gear a process, why
don't you have the right to face that information and "adjust" it if not outright prove it wrong.
I wasn't assuming anything, merely trying to hazard a guess at what exactly you were asking since your post was very unclear. Frankly I still don't understand, as I don't understand your question about the value of a green card. The people who try and help posters here rather like to have specifics as we tend to get a bit fuzzy when expected to be mind readers.
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Old 09-10-2013, 08:22 PM
 
Location: Kalamalka Lake, B.C.
3,190 posts, read 4,436,612 times
Reputation: 4179
Rather than mind read, send a private enquiry if you have an assumption or want to "hazard" a guess.
As for 2013, we are now in the digital age. In 1997 the internet wasn't really off the ground.

It took years to even get my Freedom of Information file and follow up on information in the system.
In an attempt to be brief, my question is about access to the process.
\
Under presumptions in law my hearing is my right, as is the information the system uses to make its' conclusions.
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Old 09-11-2013, 04:50 AM
 
Location: NoVA
832 posts, read 1,263,244 times
Reputation: 1627
Quote:
Originally Posted by thedwightguy View Post
I took my green card hearing primarily to find out who called in my green card status. (1997)
My own lawyer said I wouldn't be finding that out. Oh, really?

I have an issue with this. When people call in harm how can you defend yourself if you
don't have the court verify the truth by putting it in front of you?

My poly sci. degree says that's what America is all about. Even if the court is intent on
running a program at least you get to attempt to defend yourself.

Can anyone think of a way to get this information?
There is no way to know if the reporter did it anonymously. IF you were even reported. You may have just been caught up in a sweep by DHS.

What you're referring to, as in confronting your accuser, refers to criminal law, not civil law. Immigration issues are generally civil law.

Based on the two posts that I've seen, it sounds like you're a Canadian overstay and your defense is that you're a US citizen but at some point, you've given up your green card. I did read your last post link. And the attorney was talking about getting someone a US passport. But they got the passport from the Department of State from consular officers who do not specialize in those types of cases. Although the Department of State issues the passport, when they issue one, it's saying "We think this person is a US citizen and we're going to issue them primary proof of it in the form of this passport".

Where as USCIS says "This person IS a citizen".

That's the difference. The Department of State can only say that you should be recognized as a citizen, but USCIS is the only one who can actually grant citizenship. Therefore, it's much easier to deal with the DoS in more difficult citizenship issues because they're not giving you any rights. They're only saying they think you're entitled to certain rights and protections abroad. If you're already in the US, and you're fighting deportation, you will have to deal with DHS. Not DoS. A completely different ball game.

When you're trying to enter the United States, the burden is on you to show you're eligible. Once you're in the US, it's on DHS to show you're deportable. If you've entered the United States as a non-immigrant, and you're currently out of that status, then DHS has met their burden in showing you're deportable. Now the burden is on you to show you're not deportable.

If you've already hired an attorney,(and it appears that you have), you've placed your eggs in their basket and there's nothing much anyone here can assist you with. If your attorney is the one you've posted the link to, based on their story, your case is in capable hands.

If you don't post clear questions, you're only going to get guesses from the users on here. You shouldn't be upset at the users for making those guesses because this question is not clear. If you only want private messages from people, then perhaps you shouldn't post in a public forum where the purpose of such is to share information and ideas.
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Old 09-11-2013, 05:07 AM
 
13,510 posts, read 15,650,297 times
Reputation: 37885
Quote:
Originally Posted by STT Resident View Post
I'm not sure what you mean but if you're here illegally it makes no difference who (if anyone) snitched on you as I believe one can do this and remain anonymous. You're not going to be investigated if there's nothing to investigate but if you've done something which has raised a red flag with the immigration authorities then you have to answer to it, regardless where the information came from.
I think if you have to go for any sort of official hearing, that you should be entitled to know who accused you of wrong-doing. Otherwise we become a nation of informers, which was the atmosphere of East Germany - a lot of neighbour accusing neighbour of "crimes."
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