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DAP Forums > DREAM Act > The Lounge

My unfortunate brothers case. Help!

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#1
02-23-2013, 11:04 PM
Junior Member
Joined in Sep 2012
23 posts
OptumussPrimee's Avatar
OptumussPrimee
0 AP
Hey everyone! I’m writing this post today to hopefully get some advice on problems my brother is facing.

My brother is a good kid; he just has a knack for being at the wrong place at the wrong time. When he was in 8th grade ICE came looking for my parents. He then took the role of man of the house at that young age. My parents both lost their jobs and the situation was grim in this area. As he grew up he got the “worker” mentality. He was very distracted in school and never once thought about college, he was going straight to the workforce.

As a result my father and the principal made a plan. My father gave the principal authority to take any disciplinary action in order to keep him on track. Well when he was a senior, being that he’s undocumented and can’t drive, the principal gave him a trespassing ticket for being on campus during his open hour. He also slapped him with a public intoxication ticket because his eyes were red. Last time I saw the principal he was very upset, he didn't know this would be affecting him this much. A month later, before his 18th birthday, he got a possession of alcohol ticket. He was at his friend’s house; his friend’s 24 year old brother came home with his buddies and tons of alcohol. They live in a nice neighborhood, someone called the cops. They came and slapped everyone there with a ticket.

He stayed out of trouble since then and applied for DACA. Since he had a criminal record he went to a lawyer. This was done behind my back. They sent in the most incomplete packet ever. I guess the lawyer told them it was up to par. He told him he had sent the application in November. Months passed and he never got his letter confirming the application was received. I had applied for DACA and told him that wasn’t right. Before my trip to DC I went and talked to the receptionist. She assured me that the application was sent in November. I then gave her a piece of my mind, told her about my process and all the organizations I’m involved in. She can’t fool me. She told me they had been contacting the Nebraska center via email and my brother’s biometrics were on Feb 12th.

Well when I came back from my trip I found a letter confirming the application arrived. It was received a couple of days after I confronted the receptionist. They had obviously lied, his biometrics is on Monday.

Yesterday he was arrested for possession of alcohol again. His friends had an open container in the car. Let me tell you guys that he is a vegan, he doesn’t drink at all. They took him to jail; he spent the night and got a ticket. He wasn’t fingerprinted.

So he has a curfew he got when he was 15, a block from my house.
1 public intox.
2 possession of alcohol.
1 trespassing.

He’s taken full responsibility. It wasn't his fault and his friend is paying the ticket, but the law doesn't care. And I’m afraid immigration doesn't either.

What do you guys think? He’s really devastated. I don’t know what to tell him. On top of that I’m afraid his lawyer screwed his packet up.

If anyone has advice or a similar experience please help.
__________________
Sent & Received: 10/2/2012 NEBRASKA Center Biometrics: 10/26/2012 Approved: ...SSN: ...
waiting 16 years & counting.....
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#2
02-23-2013, 11:12 PM
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Joined in Mar 2006
348 posts
SomeGuy_
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From the laws he broke, it sounds like misdemeanors. He will probably be OK.

However:
1. You guys need to stop using that lawyer and get a new one.
2. He needs to get better friends. He should slowly start distancing himself from those "friends" that put him in the wrong place at the wrong time.
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#3
02-23-2013, 11:17 PM
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Happyman0607
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I think he'll be ok, he needs to use better judgment and avoid situations that'll land him in trouble. If he's not 21, he needs to stay away from alcohol completely.

Once he's 21, he can be around it all he wants, just don't drink and drive, it's pretty simple.
He needs some new friends as well
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#4
02-23-2013, 11:20 PM
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Joined in Nov 2012
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Pianoswithoutfaith
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Ok happens ones big deal second and still you defend him? I need you to take all "he's such a good kid wrong time at the wrong time " BS and give it to us straight. He needs to pick betters friends I am sorry but he should have seen this happened. It happened once he should have looked for better friends and now he has his ass busted because of it. When you're an illegal (unauthorized to be here) you need to make careful decisions who you hang out with. His Bio is Monday? Next week right do the place he got lied to you.



Nothing can done now to be honest now that he got his Bio set. What he needs to do is have them set an Bio appointment later to give him to check his record. He should have done that before applying and getting disposition papers from court or something showing he paid the fines.


Quote:

not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

That's already 3
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I personally knew that if he wins he's not going to be touching DACA.
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Tranny is not derogatory term dummy
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#5
02-23-2013, 11:35 PM
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Joined in Jan 2013
18 posts
jebm90
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Quote:
Originally Posted by OptumussPrimee View Post
Hey everyone! I’m writing this post today to hopefully get some advice on problems my brother is facing.

My brother is a good kid; he just has a knack for being at the wrong place at the wrong time. When he was in 8th grade ICE came looking for my parents. He then took the role of man of the house at that young age. My parents both lost their jobs and the situation was grim in this area. As he grew up he got the “worker” mentality. He was very distracted in school and never once thought about college, he was going straight to the workforce.

As a result my father and the principal made a plan. My father gave the principal authority to take any disciplinary action in order to keep him on track. Well when he was a senior, being that he’s undocumented and can’t drive, the principal gave him a trespassing ticket for being on campus during his open hour. He also slapped him with a public intoxication ticket because his eyes were red. Last time I saw the principal he was very upset, he didn't know this would be affecting him this much. A month later, before his 18th birthday, he got a possession of alcohol ticket. He was at his friend’s house; his friend’s 24 year old brother came home with his buddies and tons of alcohol. They live in a nice neighborhood, someone called the cops. They came and slapped everyone there with a ticket.

He stayed out of trouble since then and applied for DACA. Since he had a criminal record he went to a lawyer. This was done behind my back. They sent in the most incomplete packet ever. I guess the lawyer told them it was up to par. He told him he had sent the application in November. Months passed and he never got his letter confirming the application was received. I had applied for DACA and told him that wasn’t right. Before my trip to DC I went and talked to the receptionist. She assured me that the application was sent in November. I then gave her a piece of my mind, told her about my process and all the organizations I’m involved in. She can’t fool me. She told me they had been contacting the Nebraska center via email and my brother’s biometrics were on Feb 12th.

Well when I came back from my trip I found a letter confirming the application arrived. It was received a couple of days after I confronted the receptionist. They had obviously lied, his biometrics is on Monday.

Yesterday he was arrested for possession of alcohol again. His friends had an open container in the car. Let me tell you guys that he is a vegan, he doesn’t drink at all. They took him to jail; he spent the night and got a ticket. He wasn’t fingerprinted.

So he has a curfew he got when he was 15, a block from my house.
1 public intox.
2 possession of alcohol.
1 trespassing.

He’s taken full responsibility. It wasn't his fault and his friend is paying the ticket, but the law doesn't care. And I’m afraid immigration doesn't either.

What do you guys think? He’s really devastated. I don’t know what to tell him. On top of that I’m afraid his lawyer screwed his packet up.

If anyone has advice or a similar experience please help.
It sounds like he should be fine. If worst come to worst, they will probably issue him an RFE. If he gets the RFE all the has to do is supply the additional info they ask for.
__________________
Application Delivered: SEPTEMBER 17TH |
Biometric done: OCT 9TH NY
Service Center: Vermont | DACA APPROVED: JAN13TH
RFE Received FOR I765: JAN. 15TH | RFE Delivered: JAN. 18TH
I765 APPROVAL: March 6th, 2013!!
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#6
02-23-2013, 11:39 PM
Senior Member
Joined in Jun 2011
423 posts
ways's Avatar
ways
0 AP
What kind of friends does he have geez. well good luck to your brother
__________________
-Application Sent: August 28/29 -Application Processed : September 03
-Biometrics Appointment letter :September 14, 2012
-Biometrics Taken:September 28, 2012 ( no Walk-in )
-Form I821D approved on:November 5 --Form I765approved on: November 6
-Approval wait (no weekends): Day 25
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#7
02-23-2013, 11:46 PM
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Joined in Sep 2012
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Quote:
Originally Posted by ways View Post
What kind of friends does he have geez. well good luck to your brother
Well they're college students, they came home from the weekend. The reason they got pulled over, because they were only going to the next block, was because the car they were in is hot. His friend bought it and I guess it used to belong to a big time drug dealer who is on the run.

They expected to find drugs, they didn't. They took a brethalizer but they were all okay. They just had an open container, and they were all minors, 19-20 years old. That pretty much did it.
__________________
Sent & Received: 10/2/2012 NEBRASKA Center Biometrics: 10/26/2012 Approved: ...SSN: ...
waiting 16 years & counting.....
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#8
02-23-2013, 11:52 PM
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Joined in Nov 2012
15,081 posts
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Pianoswithoutfaith
30 AP
He should be okay doubt he will find better friends and you will always defend him since he is your brother


Best of luck
__________________
Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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#9
02-24-2013, 12:16 AM
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OptumussPrimee
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Quote:
Originally Posted by Pianoswithoutfaith View Post
He should be okay doubt he will find better friends and you will always defend him since he is your brother


Best of luck
Ok buddie, I don't always defend him. When he was younger and got his curfew ticket we made him pay for it. He was in high school and believe he was punished. When he got the trespassing and public intox we were VERY happy. He was always tardy and skipping classes. This was senior year. We told the principal to take severe disciplinary action to make sure he graduated, which he did. My father actually suggested he get locked up for a while, which clearly wasn't needed. We, along with his principal, regret this now. We didn't know it was gonna affect him on this level.

When he got busted for possession of alcohol while playing Halo at Tony's we made him pay the $600 ticket. Ever since then he barely goes out. That experience scarred him for life. He is a homebody. He became antisocial. Before yesterday the last time he went out was on my birthday, on November 19th, to my birthday party.

When I got the call last night I went back to sleep and didn't pick up the phone after. I was angry. No one bailed him out, his other friends did get bailed out. I didn't talk to him.

It made me feel a little bit better when one of the cops explained the situation, apparently he thought it was hilarious. I guess they surrounded them expecting a drug kingpin. According to them is not a big deal, but I know how this can affect him.

He is being a man and accepting the consequences, no excuses. But he is still my brother, and I don't want some BS like this to affect his chances, he's been here since he was a toddler.
__________________
Sent & Received: 10/2/2012 NEBRASKA Center Biometrics: 10/26/2012 Approved: ...SSN: ...
waiting 16 years & counting.....
-
Let's be friends on FACEBOOK & instagram! I love to network with fellow DREAMers!
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#10
02-24-2013, 12:28 AM
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Joined in Nov 2009
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Demise's Avatar
Demise
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Quote:
Originally Posted by Pianoswithoutfaith View Post
Ok happens ones big deal second and still you defend him? I need you to take all "he's such a good kid wrong time at the wrong time " BS and give it to us straight. He needs to pick betters friends I am sorry but he should have seen this happened. It happened once he should have looked for better friends and now he has his ass busted because of it. When you're an illegal (unauthorized to be here) you need to make careful decisions who you hang out with. His Bio is Monday? Next week right do the place he got lied to you.



Nothing can done now to be honest now that he got his Bio set. What he needs to do is have them set an Bio appointment later to give him to check his record. He should have done that before applying and getting disposition papers from court or something showing he paid the fines.





That's already 3
Keyword being convicted. Meaning that you were before a court and a court gave you a sentence. A ticket is not a conviction.
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