I-864 and welfare

[TBoneTX 45,329]

Can your Congressman or U.S. Senator help?  If you couch this as "blatant abuse of the system," perhaps they'll be interested.

 

Edited to add:  If State funds are involved, your State Representative or State Senator might be able to help or at least advise you.

Edited May 6, 2019 by TBoneTX

[Ash.1101 1,756]

9 hours ago, HawaiiFarmer said:

No, she's not getting that much.  The state payment is the obligation payment, and I'm barely paying it due to lack of funds. Yes, paying the State is paying them back for what Social Services gives to her, even though she sued me, not the State

It's amazing to me how far this has gotten in the court level. Do you know if it was possible that she knew how to do all of this before hand? Like she had an idea on how to play the system and how to hold you accountable for the I-864? This feels too well planned out and executed to have just fallen into her lap like that.

Have you tried getting ACLU involved? I'm unsure on how they would really be able to help, but I believe charging you that much money is overkill and taking massive advantage of you and the system. It's a slippery slope but I believe you have the more sympathetic
case.


I also agree with contacting congressman and senators. Not going to lie, you give a republican senator some fuel that there's an immigrant out there taking advantage of the system and USC's, I'm sure they'll bite and run with it.

Edited May 6, 2019 by Ash.

[TBoneTX 45,329]

California has two Democrat U.S. Senators.

Most of the Congressional delegation is Democrat.

The State Senate & House are overwhelmingly Democrat.

Regardless, the OP (with persistence) might find some help.

[HawaiiFarmer 3]

3 hours ago, Ash. said:

It's amazing to me how far this has gotten in the court level. Do you know if it was possible that she knew how to do all of this before hand? Like she had an idea on how to play the system and how to hold you accountable for the I-864? This feels too well planned out and executed to have just fallen into her lap like that.

Have you tried getting ACLU involved? I'm unsure on how they would really be able to help, but I believe charging you that much money is overkill and taking massive advantage of you and the system. It's a slippery slope but I believe you have the more sympathetic
case.


I also agree with contacting congressman and senators. Not going to lie, you give a republican senator some fuel that there's an immigrant out there taking advantage of the system and USC's, I'm sure they'll bite and run with it.

It was the (very) crooked American lawyers that designed the whole plan.  Here's what happened.  My ex originally took me to divorce court by herself asking for sole custody of our son and falsely claiming I abused her (I've always assumed the abuse charges were for immigration purposes).  When the abuse charges were denied (and joint custody ordered), she then found lawyers here in Alameda County to take care of her immigration status and they are the ones that sued me for the I-864.  Her lawyers are also very knowledgeable about how the welfare system works here.  I've reported the lawyers to the State Bar (one of them has already been suspended 2 times previously by the Bar), but I'm not sure what that will do.  I don't know any of the names of the local politicians here, but I can try and look them up.  Thanks for your replies.

[Lemonslice 4,859]

How did your lawyers defend you? 

[HawaiiFarmer 3]

40 minutes ago, Lemonslice said:

How did your lawyers defend you? 

That's a good question.  He hasn't done much, he's driven me further into debt.  He ridiculously says we should wait for my ex (Sharon) to start working before

we can do anything.  He's a family court lawyer, he knows little about immigration or I-864.  He has helped me retain my 50% custody, though,

since Sharon's lawyers are constantly using false allegations to try and take my custody away, saying ridiculous things like I've canceled my son's

health insurance or my son gets hurt too much when he's with me.

[Umka36 781]

Sound like you need a new lawyer. You're being eaten alive by your ex's lawyer.

[usmsbow 801]

8 hours ago, HawaiiFarmer said:

It was the (very) crooked American lawyers that designed the whole plan.  Here's what happened.  My ex originally took me to divorce court by herself asking for sole custody of our son and falsely claiming I abused her (I've always assumed the abuse charges were for immigration purposes).  When the abuse charges were denied (and joint custody ordered), she then found lawyers here in Alameda County to take care of her immigration status and they are the ones that sued me for the I-864.  Her lawyers are also very knowledgeable about how the welfare system works here.  I've reported the lawyers to the State Bar (one of them has already been suspended 2 times previously by the Bar), but I'm not sure what that will do.  I don't know any of the names of the local politicians here, but I can try and look them up.  Thanks for your replies.

 

Alameda county? Well don't waste your time with any fed politician. To be frank, I don't think you'll find a very helpful reception from either Senators office nor your local congressperson's (Barbara Lee for Oakland/Berkeley/San Leandro, Ro Khanna for the Fremont area, or Eric Swawell for Dublin/Pleasanton/Livermore).  It doesn't sound like it is a fed matter anyway. You will probably have better luck with your state senator (Nancy Skinner is the one for Oakland/Berkeley, I don't know the others in Alameda County) or state assembly(wo)man because a) it sounds like a state matter b) they probably have fewer constituent cases they have to handle. 

 

If you do contact a local politician's office, I recommend making your situation very clear. It also helps to make it sound like you're inquiring to get more info and questions answered, and not trying to get their office to take your side. 

 

And I have to agree with the others. From what you've told us, your ex's lawyers are a hell of a lot better than yours unfortunately. Best of luck to you.

 

 

[Villanelle 4,122]

I really dont think I can be of that much help to you. Im sure I linked you to the thread in this subforum about suing on the 864. (if not have a look at it). From what I know CA courts have ruled the immigrant is under no obligation to seek work. So you are very fortunate to have a seek work order in place...                                                                                                                                                                                                                                                                                                                                                      I did have some questions but I think you already answered most of them. It seems she does not actually receive the huge amount of $$ Ash calculated out. Im assuming she only gets the 1400 or so you pay her (directly?) based on the 864? Thats how it reads. And in addition to paying her that sum every month the state of CA is coming after you for an additional 1400 apx that they have paid to her in the past. Is that all correct? If so there is nothing you can do about that...Keeping in mind that every state operates differently - generally they all have the same backbone of services they provide. One service is providing cash/food/medical assistance to those under the poverty level. Theres whats called sponsor deeming and sponsor liability when someone is an immigrant with an active 864. The state can take into account the sponsors income when deciding if the immigrant qualifies for aid. (deeming). Liability basically means the state can collect back anything they pay out from the 864 sponsor.                                                                                                                                                                              It seems she qualified for assistance from the state and they paid her and are now asking you for that money back. As long as there is no double dipping (basically meaning she gets paid twice) then everything is how the current policies and law dictate it should be. Now if she was getting state money and YOUR money directly- well, you would have to do something. But since it seems the state is just recouping money it paid out to her before your 864 order took effect (and they stopped paying her) then the state is entitled to have their funds repaid by you.                                                    Unfortunately as you are learning the 864 orders or the states recouping effects do not care about how much income you actually make or how much you are left with. Your only hope is that she applies for citizenship or starts working, but I would be careful about pushing the work issue as she may be able to get that part removed based on prior rulings.                                                                                                                                                                                                                                                      Your efforts might be best spent trying to find a better family court attny. You dont need a nice attny you need a shark who can fight on your behalf.

Edited May 7, 2019 by username_taken

[TBoneTX 45,329]

I was going to say earlier, but now it will sound like an echo:  you need a junkyard-dog attorney who'll crusade on your behalf.

[HawaiiFarmer 3]

Thank you all for your replies, I really appreciate it.

To be clear, I don't give any money to my ex or to her lawyers, nor do I know how much she receives from the State, she's

always been dishonest about what she gets.  I'm billed $1729/mo by the State (DCSS), $1443 for spousal support (supposedly

for the I-864) and $286 for child support.  I believe I'll eventually get the $286 removed since I have our son half time.

 

To be fair to my lawyer, he wasn't representing me when the orders were made.  I hired him 6 months ago to try to help me get

my payments reduced, he hasn't yet succeeded.  I've been in Hayward Family Court for over 2 years now, it's a very terrible place

(so much dishonesty there),  I've never spoken with a lawyer that really thought they could help much.

 

The problem is my ex-wife's lawyers are so aggressive and unethical.  She isn't paying them, they are only getting their fees from what

they can get from me.  That's the problem, she basically sold me into slavery, saying get whatever you can get from him in return for getting

my conditions removed on my green card.  And that was done with fraud, self petitioning with abuse charges after the abuse charges were denied

in Family Court.

 

As I mentioned, Mission Law also sued me in Federal Court (because DCSS ended up taking all the money from their victory is State Court),

but Federal Court in San Francisco treated me much better.  I went without a lawyer, the case was dismissed after one hearing.

 

I don't know if my present lawyer will help me with DCSS.  I'm totally broke, I've been borrowing money from my brother.  DCSS has already

emptied my entire retirement account and I'm again over $15,000 in debt to them.  Every month they add another payment and interest (and threats

to seize any money available), I don't know how long it can continue.

 

And even though my ex has a seek work order, as you all know that doesn't do much, especially if she's being directed not to find work by

her attorneys so that my payments won't be decreased.  Thanks again.

[Villanelle 4,122]

From what I understand about child support even when the other parent has the child 50% of the time there is still child support to the primary parent. However if local attnys have stated it is possible to get that amount reduced or eliminated based on custody percentages then you should pursue it... The legal fees are allowed to be charged to the sponsor in an 864 case- just as they are doing to you. And that stinks, it really does. I know this probably isnt what you want to hear but after reviewing everything you posted it seems everything is being done in the way the policies and laws dictate it should be. Thats why no attny is really able to help you- whats going on is exactly as it was designed. You are getting the short end of the stick and theres nothing you can do about it except seek out a way to raise your income or a way to survive on lower income and have collections hanging above your head. Unfortunately bankruptcy does not erase spousal support debts. I would recommend contacting DCSS and asking for an account statement of some sort showing what you owe and why. You want to be 100% sure the money you are paying them is being counted accurately. There should be the current 864 amount of 1400, the 200 child support and any amount they previously paid and are attempting to recoup from you. The previous amounts should be listed and it is probably only a year or so of payments they could have made to her, so perhaps once that is paid off the total amount due will be lower each month. Also- the attnys dont care if she seeks work or not. Her working does not impact their fees. They billed her for the services of collecting on the 864 and the court ordered you to pay those fees. They should not be more if she is not working/less if she is but rather a fixed amount fee. I am sorry you are going through this. You can try to appeal to her to apply for citizenship. If she filed ROC under abuse waiver and was granted it or got the GC through VAWA (not sure which happened) but either way she is eligible for citizenship at 3yr of being an LPR. Perhaps you can encourage her to apply for citizenship as it would end your 864 obligations. Try to reason with her that she would be eligible for MORE assistance programs as a citizen (somewhat true) and you only want whats best for the child. Its not best for the child for dad to be so broke hes rubbing two nickels together for heat.

[Eric-Pris 1,606]

I don't think you can reason with somebody who is well schooled on how to play the system and destroy the USC.  This is a broken system.  The fact that even after divorce, the I-864 is enforceable for up to the original 10 years is laughable.  I can see for a year to get the immigrant to become self-sufficient but 10 years???  SMH.

 

Shyster lawyers have been advertising here locally (NYC) targeting immigrants who want to divorce USC's and use I-864 to get support.  These people need to be taken out back and put down.  There reason that people say all lawyers are scum is because they are.  They would sell out their mother for a dollar.

 

[Lemonslice 4,859]

16 minutes ago, Eric-Pris said:

I don't think you can reason with somebody who is well schooled on how to play the system and destroy the USC.  This is a broken system.  The fact that even after divorce, the I-864 is enforceable for up to the original 10 years is laughable.  I can see for a year to get the immigrant to become self-sufficient but 10 years???  SMH.

 

Shyster lawyers have been advertising here locally (NYC) targeting immigrants who want to divorce USC's and use I-864 to get support.  These people need to be taken out back and put down.  There reason that people say all lawyers are scum is because they are.  They would sell out their mother for a dollar.

 

It is not 10 years. Can be forever. 

[HawaiiFarmer 3]

2 hours ago, Lemonslice said:

It is not 10 years. Can be forever. 

I understand this and that is why my ex-wife's attorneys are so aggressive and unethical.

I have reported them to the State Bar.  She has 2 attorneys and a paralegal working for her

for over 2 years now.  One of the attorneys is already on disciplinary probation for different offenses.

They control all aspects of her life, from immigration to social services to our child custody case

and beyond.

She now even lives with a woman she met through the law firm.  She came to California to live with her relatives,

but she doesn't live with her relatives anymore.

I figure going after the attorneys is one of my best routes to get out of this mess.