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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101311
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Im retired Senior Citizen. Worked and paid taxes 15 years.

Customer Question

I'm retired Senior Citizen. Worked and paid taxes 15 years. My dependents are living in Poland. My disabled Son is under care of Poland doctors. My wife takes care of him. That's why they cannot come to America. SSA deny to pay benefits to me for support my family. Is this not kind of discrimination?
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



I have good news and bad news. The bad news is that while it is discrimination, USCIS (the immigration services) have the authority to deny acceptance to US shores of persons with criminal history, HIV (repealed by Obama recently), certain political associations, etc AND SSA can deny benefits to non-citizens through US citizens. It's discrimination, but legal discrimination. So they can.The good news is that you have a chance at bringing your son to USA. It's called Humanitarian Parole, and you can apply for it. See link below to get started.http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60aRCRD

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 7 years ago.
Not I, neither my family NEVER had criminal history, or HIV, or ANY politycal associations. My family arriving to the USA was accepted by US Immigration in 1987, but they could not come here since my son sickness (epilepsy) was treated by doctors in Poland. This kind of sickness need long observation of a patient, so it is not good to change doctors. Often I've been told that there is not discrimination in the USA. Unfortunately I experienced that it is. There are some amendments even in the USA Constitution. I see that it is not your fault and you cannot change rules, but we all can do something to change bad looking of America in eyes of the World. Now tell me please, whom I can ask to change these bad rules?
Expert:  Ely replied 7 years ago.
No problem. You need to challenge this on a constitutional basis.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action,but simply, your claim would be that it is UNCONSTITUTIONAL. It would be a civil matter, filed in federal court.




If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”





















Edited by Eli on 1/1/2010 at 12:59 PM EST
Ely and 7 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Dear Eli,

My name isXXXXX you can help me to find right attorney in my area who specializes in these kinds of matters, I appreciate this. I'm living in Seattle, Washington State.
Expert:  Ely replied 7 years ago.
I'd like to refer you to the Washington Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.http://www.wsba.org/ATJ/contact/lawref.htm

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



Look for an attorney specializing in CONSTITUTIONAL matters. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”