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sailanepali
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Posted on 03-07-10 8:26 PM     Reply [Subscribe]
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hi, i m in big trouble and i m very serious. So i need a best suggestion
please.

Here is my story. I m out of status and i m working at
Indian Restaurent with cash. My room mate is American and he used to be
my very good friend. I gave him 15000US$ loan like year ago. He always
says that he will give me back soon. It has been year now and last week i
request him to give my money back soon. But, instate of give my money
back, he Threatening me that he gona call immigration and report about
me. He know
my all status and he is emotional blackmailing me now. He said that if i
caught by immigration. than they will take all money from my bank and
they will deport me to my country. Is that true? what is the best way to
get my money back from him?


So, i need a best suggestion
please.

Thanks
 
Posted on 03-07-10 8:44 PM     Reply [Subscribe]
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If you have cell phone with voice recorder/ if not buy a voice recorder and place it in an appropiate place. Have a conversation with him first ask politely and then tell him that he owes you 15000 dollar (make him agree on that)... then afterward be little rigid saying you yourself want to call the cops. Don't let him know about the record the same day. then next day call him on the phone and tell him that you have given the record to your friend (to protect yourself from physical attack) and you;re gonna hand that to the cops next. then pull your money from his ass. Don't worry about immigration shllt. He can do nothing. trust me.
If that does not work then hand your record to the police they gonna get you your money.A
Also, He does not have any right to talk/ask/blackmail ,whatever,  about your status. you can file a charge against him on that too. Go ahead bro fck his nose!!



Last edited: 07-Mar-10 08:48 PM

 
Posted on 03-07-10 8:57 PM     Reply [Subscribe]
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#1 friend,

Thank you very much for the quick reply and I gona try that one too. But i have a prove Bank Statement. I did not give him cash i gave him cheque. so i have bank statement. That is enough to prove that he took money from me?

If i go to police they dont look my status. It's does not matter if i m out of status with USA police? I m little worried about police matter. Main think i dont want to go back home now.

Waiting for your great help.

Thanks

 
Posted on 03-07-10 10:15 PM     Reply [Subscribe]
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bank statement is not a solid proof, in that case he is more likely to claim that he gave you cash  sometimes earlier. so try that too. Just because someone claims that you are illegal nobody has a right to check your status ( also file a charge against him on spying  on you and tormenting you on the basis of your accent, color, nationality and baseless immigration status :). Nobody has a fuqing right to torture you and ask for your SSN/immig status unless you are involved in a serious crime.  I did the same long time ago. I know how to play with crooks.


Last edited: 07-Mar-10 10:23 PM

 
Posted on 03-07-10 10:27 PM     Reply [Subscribe]
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SINCE it involves large amount of money earned from the unknown source but loan to him in a legal way, It can create trouble for you if he reveals your STATUS  to the Judge.  Because of this, He can ARGUE that both of you AGREE to transfer funds to his account to hide the true origins. BOOM!!!   Money Laundering. USA Patriot Act of 2001. 

Thats why it is important to know the Character of your roommate. Why he borrowed the money? 
$15000( FIFTEEN THOUSANDS)!!!

AND since this is more than $5000 dollars, you can't file Claim in NY Small Court. 



 
Posted on 03-07-10 11:45 PM     Reply [Subscribe]
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I wonder why you want to solve this case on your own ! Since large amount of money is involved and you want to solve it on your own, seems like there is some fishy going on ! Is that money legal ? Is there anything else you should be afraid of authority besides you are out of status?
If you are really that innocent, then look for some immigration community or something similar organization working for legal / illegal immigrants for their rights. If you can post it to sajha, you should be able to at least search for such organization in internet. Being illegal does not mean you are deprived of every aspects of human rights.


 
Posted on 03-08-10 7:13 AM     Reply [Subscribe]
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Dear Well wisher friends,

Thank you very much for all suggestion. Well let me tell you one think. I m just worried about due to out of status. In-case if they check my status and due to out of status somehow they decide to send me back home than what to do. beside that i dont do nothing worng. i paid tax everything from 2004 to 2008. end of 2008 i m not able to save my status and i move to New York. So i m very clean this way.
I CAN COMPLAIN ABOUT HIM IN THE POLICE ABOUT THIS MATTER? IF YES, ARE YOU SURE NY POLICE OR COURT DON'T LOOK MY STATUS?

IN-CASE DEPORTATION MATTER USA GOV TAKE ALL MONEY FROM THE DEPORTED PERSON?

PLEASE HELP ME.

THANKS

 
Posted on 03-08-10 7:50 AM     Reply [Subscribe]
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First of all, you can cut it out with that fake bad-english. We all know you are making it up.


 


Second, you are either incredibly stupid OR lying about the sum of money. Why would somebody loan anybody 15K of hard earned dollars, that too without a written contract? So, be real, is the amount less than or more than 5K? If it is less, then you can goto the small claims court.


 


Finally, if you are really in this predicament then you first have to establish the proof of loan, bank statement alone is not enough as somebody said earlier. I doubt he is going to sign any contract so, as ridiculous as it sounds, recording the telephone conversation is not a bad idea…though it might not stand outside the small claims court.


 


If this is a real case, do searches in the internet and consult a lawyer. This could be a serious issue and you can get deported, so treat it seriously, don’t just go by the input you get from sajha. If it is NOT a real case, get a life.


 
Posted on 03-08-10 8:06 AM     Reply [Subscribe]
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Dear Stiffler, thank you very much for the reply. Let me tell you the honest think. Might be my English is poor. but this is all true and it is happening with me now at the present. This is very very true story believe me friend. I m not just westing time in sajha. i m looking forward to have good suggestion from our Nepalese community. Thats the reason i m here in this community. So, i have few question with you please ans me soon.

1. If i deported, in this case USA GOV take all money from my bank? Or They just deport me and they dont care about my money. (Because, i m thinking that in the last moment i m sue him on police to get back my money).

2. You know that i m not smart like other. So, what is the sky word for finding some organization in internet?

I rally want to kick that bastard ass. Help me please.

Waiting for your kind reply.

Thanks.

 
Posted on 03-08-10 12:44 PM     Reply [Subscribe]
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Since undocumented and/or out-of-status aliens can sue for lost wages, discrimination and sexual harassment, one should be able to do so for loan recovery regardless of immigration status.

 
Posted on 03-08-10 1:12 PM     Reply [Subscribe]
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i am sorry if i sound negative. but what if the guy says ok i'll pay him back but i don't have the money. as far as i understand he won't go to jail for that, worse come worse it goes to collection , right? in the mean time what if his status situation comes out? wouldn't it be all loss and no gain for him? I am asking that cuz one of my relatives lend 10 k to someone they knew and the guy told him he can't pay back do whatever we can. evern after 3 yrs and going after collection i understand they are not able to pull more than 5 k.and they're legal too.
 
Posted on 03-08-10 1:35 PM     Reply [Subscribe]
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"पूस्तकस्य तुया बिद्या परहस्थ गत धनम
कार्य काले समुनस्ते , नस बिद्या नतदधम "।

साथी तिमी साच्चिनै महा मुर्ख हौ , मै जस्तो मैले पनि डेड दसक अगाडि मेरो शहरको करोडपती को छोरो मैले साइकल चलाऊन नस्क्दा उनी हौ चिप्ला कार चडेर हिन्थे
कसरी नपत्याउनु जाबो ३७०० डलरको तेतिखेर काठमान्दु मा १-२ रोपनी जग्गा आउथ्यो बल्ल बल्ल तिर्यो साउ र् ब्याज ६ लाख त्यो छ लाख मा साडे चार लाख को उठति फेरी आफन्तले चलाई दिए फेरी उठाउनु पर्ने भएको छ

एत्रो बर्ष अमेरिकामा बसेर अमेरिकन लाई चिन्न नसक्नु महा मुर्ख नै हौ एदी १५००० डलर दिएको भए। अमेरिकन हरु पे चेक हात परेको दिन देखी घरमा आउँदैन, पैसा नसिधीकनपैसा सकिएको दिन लन्च खान, २ दलर दे न भनी माग्न लाज मानदैन .पैसा कसैलाई पनि दिनु भनेको बिरालो लाई दुध पैचो दिए जस्तो हो मेरो पनि तेही कथा छ ।
मेरा दाई आफु भने नेपालमा घडेरी किन्छन , अनी ब्यापार गर्न पैसा माग्छन , नदिउ दाई , दिए पछी फोन पनि उठाउदैनन, नेपालको घडेरी बेचेर आर्को काठमाडौं मा घडेरी फेरी किने रे आफुभने ३ लाख माईल को खटारा चलाएर बसेको छु अबत दिन्छन कि भनेको त अमेरिका मा गएर दिन्छु रे

विश्वाश गरु कि मरु ? दाइले कमाएका छैनन  खै आसै आसमा बित्ने भयो जिन्दगानी भनी बस्नु पर्या छ  लौ नानी तिमी पनि मै जस्ताइ दुकु लन्थक रहेछौ

Someone may add" did you ask before you lend and now you want my advise"

Last edited: 10-Mar-10 01:33 PM

 
Posted on 03-08-10 3:23 PM     Reply [Subscribe]
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sailanepali:

1. First of all, who is going to believe that you have given such a large amount of money to someone without any documentation? You are NOT stupid.

2. Since you were student earlier, your English COULD NOT be bad in this level. How did you get through the TOEFL test to join the school?

I am not offensive but I don't buy your story.

Last edited: 08-Mar-10 05:30 PM

 
Posted on 03-08-10 5:16 PM     Reply [Subscribe]
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ok i m rally stupid, i dont get it at all. what should i have to do. My mind is only saying that go to police and talk about this matter. To do this i m only worried that, incase police look after my status. If they found me out of status. What they will do with me? Still they will help me to get back money from my friend. Or in case they will deport me from this country. they will take my all rest of money from my bank? Please come to this main point. My brain is not working properly. Hope all understand.


Yap, i got big lesson from this. Please help me out.


 


 
Posted on 03-10-10 7:46 AM     Reply [Subscribe]
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Any more suggestion?
 
Posted on 03-10-10 10:07 AM     Reply [Subscribe]
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The answer you are looking for:

You will not be deported in this case and if deported, you will be given 30 days prior notice to leave the country. Your bank account is not seized. You can withdraw your money and safely return back to your country. And you will not be able to come to the US for, I guess 10 years (not sure), but you can always change your passport and apply after 3 years because the fingerprint data is erased after 3 years (I had heard it and seen people coming back after 3 years of being deported)

Sailanepali, to prosecute him, you need to have proof that he has taken money from you and very important he is not willing to return your money
. So text him, asking your money. If he replies, no I won't return, it is one proof. Another, talk to him personally and record the conversation, if he denies, it is another proof. Thirdly, if you can record the video of conversation from webcam without letting him know, another proof. So collect proofs from all sides. Go to District Attorney's office and file a lawsuit against him.

Now, what happens listen carefully. You have filed lawsuit against him. Now, nobody can touch you just by somebody saying 'Hey he is out-of-stautus/illegal'. And there is an immigration court for these cases, the judges are different. Somebody has to file a case against you for a reason, then only you are asked about your status in the immigration court and immigration involves and you are deported. So far I know, unless you have committed a crime, you are not taken to immigration court. You are taken to the immigration court only if you are arrested. So, make sure not to get arrested or go to jail. 


Last edited: 10-Mar-10 10:12 AM

 
Posted on 03-10-10 6:09 PM     Reply [Subscribe]
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Rukdhell Ji, Thank you very much for your suggestion. I rally appricate. Somepeople think its joke. but again, this is very serious matter. I m badly suffering from this.


I will try my best Rukdhell Ji, I fellow as you said and hope its work well.


Thanks again.


 
Posted on 04-26-10 2:46 PM     Reply [Subscribe]
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So..what's an update? we would like to hear from you if you have solved this problem. If yes, how?

 


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