Nick Davis's Blog, page 94

I heard from Senator Barbara A. Mikulski in regards to the Protect IP Act aka SOPA

Got this email from Senator Barbara A. Mikulski office today in regards to the SOPA act and in reply to my protest email back on January 18th. Feels good to be involved in the process and help influence a decision for the right  

Dear Mr. Davis:

Thank you for writing to me about legislation to combat online piracy. It's good to hear from you.

The PROTECT IP Act (S. 968) would give the Department of Justice (DoJ) authority to identify and take legal action against websites that advertise counterfeit or pirated merchandise. While I support combatting online piracy, I will not vote for this bill in its current form and the Senate is not expected to consider it in the near future. The bill has a number of provisions that I am concerned about, particularly language affecting Domain Name Servers (DNS). Congress needs to go back to the drawing board to fix this and other problems with this bill.

Illegal downloading of movies, TV shows and music is a real problem that threatens American jobs, harms industries, and hurts our economy. However, we need to make sure that the solution isn't worse than the problem. Any efforts to strengthen the protection of copyrighted materials must be well planned and not stifle free speech or innovation.

Thanks once again for writing. Please let me know if I can be of assistance in the future.

Sincerely,

Barbara A. Mikulski

United States Senator

After all the good we were due for one bad… But there is still hope!

Hey, if you've been following my Immigration Blogs you know that today was a big day for me. With all your surprise help over the last week I was able to complete the mad push over the last week to file my Adjustment of Status, and it went out yesterday. The hope is if I can show the documents are filed my work would hold my position open as it would be easier than getting new hire in place. I guess with all the good that happened over the last week, we were due for some bad news to settle the cosmic scales and we got it.

Sadly my workplace decided against giving me the time to get my EAD (or Work Authorization), and want to go ahead with their charges of Termination. The reasoning being I could not guarantee that I would receive my EAD or AOS, therefore they need to fill the position, it is after all immigration and nothing is cut and dried with them. Not what I hoped for and many of your kept your fingers crossed to happen. But I can see there point of view after all I cannot offer a firm date, because the USCIS does not work that way… It is after all not the MVA, were you sit down take a number and get it all sorted in that day. Now we are down to the last part of the appeal process, which ironically may take longer to complete than it will to get my EAD. So if I get my EAD in the next 45 days or the notice that its on the way, if this is shown at the Appeal hearing I might yet still be able to get my old position back.  So there is hope…

If this doesn't happen in time at least I will have my EAD and be back on the road to be able to support my family again, and 5-6 months down the road I will have my AOS adjudicated and have my Greencard too. I wish I could give more solid time lines, or an ironclad guarantee that everything you've helped make happen will happen. I am confident that it will and the road back has begun, I just don't know if there is enough time to save my job, but at with your help the process is now started.

One last thing before I go here. Some of you noticed my tweet today.

Hint… Referring to an Immigrant as illegal in an insulting tone and as a None person is the same as calling a person of color the 'N' word

This happened to me today, I wont say who, were and when, but the circumstances and the person it came out of this surprised and upset me. There seems to be an almost sneer attached to the word illegal immigrant that gets spat at us, I got that and then a minute later got called a None Person. Maybe I'm being too sensitive, but being called a None Person slammed me and scared me to the core. Maybe it was the truth of the word that I am really a None Person here in the USA and will remain that way until my AOS becomes pending again. However am I not real? I'm father, a husband, a human being, eleven years strong in this country paying taxes and contributing positively to the USA, with a paperwork blip stopping me from continuing down this road.

I am not a None Person! No one is! And to be called this is deep hurting insult. I'm important to my wife, to my kids and to my friends… We move through life touching and rubbing up against each others worlds, our impact can be little more ripple caused by a pebble, but those ripples spread out and become a might wave.

I'm certain all these things have happened to me, are happening to me and I'm not going to wake up in a shower somewhere.

None person indeed!

Now the AOS documents are filed all we can do is wait on the USCIS…

Hello, I am sorry I've been a little quiet over the last couple of days. I've been busy working through the last of the I-485 Adjustment of Status paperwork, talking to a Lawyer about my chances and getting the t's crossed and the i's dotted. Today around midday the paperwork was sent off by Express Mail to the USCIS Texas Facility that processes AOS for Maryland and all I can do now is wait.

The only thing we are unsure of at the moment is if they will require a new Medical or just a new vaccination record, but the USCIS will inform me if they require that. So it is a waiting game, I suspect in about two weeks I will get the I-797 notice of actions for my petitions and I will have a tracking number to follow the progress of my Greencard and Employment Authorization applications. Last time we went through this process it took 45 days to get my everything accepted, for me to get my work authorization and have an appointment scheduled to complete the greencard adjudication process.

I can only hope everything that has been done with my immigration will be enough to satisfy the Appeal Hearing I have tomorrow at my work, that progress is being made and they will hold open my position until I an able to return. You've given me hope that this can happen, which is very important as they gives me back the means to support my family again.

I will end this post with this news, the Please Help Nick Remain in the USA fund topped out at $1107 which is amazing and 1107 more dollars than I thought we would get, and it paid for the filing, a few photocopies and the express mailing. Your kindness and help have been amazing, giving me this second chance to stay here in the USA is a blessed gift. Thank you  Keep watching this blog I will continue writing about this journey and sharing this mis-adventure with you until everything becomes right again.

Now the AOS documents are filed all we can is wait on the USCIS…

Hello, I am sorry I've been a little quiet over the last couple of days. I've been busy working through the last of the I-485 Adjustment of Status paperwork, talking to a Lawyer about my chances and getting the t's crossed and the i's dotted. Today around midday the paperwork was sent off by Express Mail to the USCIS Texas Facility that processes AOS for Maryland and all I can do now is wait.

The only thing we are unsure of at the moment is if they will require a new Medical or just a new vaccination record, but the USCIS will inform me if they require that. So it is a waiting game, I suspect in about two weeks I will get the I-797 notice of actions for my petitions and I will have a tracking number to follow the progress of my Greencard and Employment Authorization applications. Last time we went through this process it took 45 days to get my everything accepted, for me to get my work authorization and have an appointment scheduled to complete the greencard adjudication process.

I can only hope everything that has been done with my immigration will be enough to satisfy the Appeal Hearing I have tomorrow at my work, that progress is being made and they will hold open my position until I an able to return. You've given me hope that this can happen, which is very important as they gives me back the means to support my family again.

I will end this post with this news, the Please Help Nick Remain in the USA fund topped out at $1107 which is amazing and 1107 more dollars than I thought we would get, and it paid for the filing, a few photocopies and the express mailing. Your kindness and help have been amazing, giving me this second chance to stay here in the USA is a blessed gift. Thank you  Keep watching this blog I will continue writing about this journey and sharing this mis-adventure with you until everything becomes right again.

Wow! You did it! Thank you! So… Now what happens?

The Family Davis Goofing Off

We did it! We did it! No… Let me correct that… You did it!!! And I am amazed… Around midday today we hit the $1070 the amount needed so I could file my I-485 Adjustment of Status papers. Thank you everybody, you made this happen, your kindness, you all harnessing the power of the internet and spreading the word of my Immigration plight has produced something quite wonderful. So what happens now?

Well, tomorrow I go back through all the paperwork to make sure it is in order, the forms and about 30 other pages of information that the USCIS already has, but no doubt will ask for again, including another set of passport pictures. Then I do a little research as well just to make sure what I think is correct, is actually correct and then the entire bundle gets filed. This second chance comes via a precedent ruling called Matter of Alfred SESAY were I can now file again through my first wife, even though we are divorced (ironic, eh?). After that it is a waiting game to see if it gets accepted, delayed because they wont another Medical, or refused. I honestly never thought I would be able to do this, and you all made this happen… Thank you so very much! This is totally amazing.

Even though you hit the target filing fee amount I got a couple of emails from people who still want to pledge, but wont be able to until Monday or Tuesday. I thank you, this is a great kindness. The remaining dollars will go towards a few extra costs like getting a Consultation with an Immigration Lawyer, and being banked in case the USCIS me to under go another full medical.  If I don't need it I will pay the remaining amounts forward. Now the journey begins again and I will let you all know what is going on every single step of a way.

At this time virtual high five's, fist bumps, silly happy dances all round, you've all given me an amazing chance here to remain in the USA, and get my job back! That makes you are all some kind of wonderful

Something really kind of wonderful is happening and you are all making it happen!

I sit here with words in my head and hope that I can express them. The last few days I've been witness to something that is kind of wonderful and you all are helping to make this happen! On Monday night I wrote a blog, My name is Nick Davis an Immigrant in the USA and I'm coming out, partly as a way to express my fears, to tell those who do follow my blog what was going on, and perhaps in a way let people know what Immigrants go through here in the USA. That is isn't all gravy that some may lead them to believe. We don't get handouts, we are not allowed become a public trust and things are just as tough for us, sometimes even more so than citizens of this country. You see there is a very real credible fear that if one thing goes wrong, one piece of paper is misfiled, or t isn't crossed or an i dotted we could find ourselves on the wrong side of the Immigration services and facing deportation orders. Sounds far fetched, but that is what happened to me and I did all of this legally!

On that first blog post I didn't even consider anything other that letting the internet world that followed me know what was going on. At best I thought it would get shared a couple of times, and then some more traffic would pick up when the search engines pick up the blog post. Then on that Tuesday my first blog was shared over 2500+ times. I followed up with my news of that day, how even though I won I had lost and I gave up hope. There was only one action left I would have to return to the UK, then Jean my wife suggested placing the donation button on the website, this was followed up by a couple of emails I received of support asking the same thing. Reluctantly I did, and that first night my wife and I saw something amazing happen… First $1, then $10, then by the next day $136!…

Now I sit here four days after the first blog post, about three days after the second post and the placement of the donation button, I've witnessed something wonderful at this time of writing the fund I jokingly called Please Help Nick Remain in the USA sits at $995!

You made this happen! Your kindness, your sharing of my blog, your urging to help, your reaching out all caused this to happen. From the kindness, the messages of support, the blog shares, the Likes, the bumps, the tweets, even Josh Adams (IDW Doctor Who Artist) and Gail Simone (DC Secret Six, Batgirl Writer) got in on the act. I never expected anything from anyone, words of support, hearing we wish you the best was wonderful in itself and was all I could ever ask for. Your reaction, this minor Internet wonder is humbling.

You made this happen, you… Thank you, thank you all… Words are so tiny yet powerful, words will always retain their power. Words offer the means to meaning and for those who will listen, the enunciation of truth. Believe me when I say Thank you I mean it with all my heart I am in your debt to all of you… You've given me hope like it is candy in your pocket.

Life is indeed beautiful!

I am truly humbled I feel like a real life George Bailey… You are all Beautiful…

I'm going to start this blog by saying thank you although the words seem hollow to what I've witnessed over the last two days.  I'm humbled by all your responses to my two blogs about my immigration woes; I have inundated with messages of support, blog shares and most surprisingly donations. You see when I first posted the blogs and at the suggestion of my wife, and a couple of people who emailed me asking how to donate, I added the Paypal button I never expected anything. You all proved me wrong every dollar that appeared has been an unexpected gift that will change my life, the life of my children, the life of my family, by enabling me to take a step closer to provide for them again by helping me regain my Immigration status and you (yes you!) are helping to make this happen…  

On Tuesday I was beaten, there was nothing left I could do and I resigned myself to the possibility of returning to the UK, being cut off from my wife and kids. The thought of that was killing me and although I knew I could work in the UK and support them, that isn't enough I'm a Father and money is no substitute for being there. Then you all did something amazing you rewarded me with hope, the donation button I never expected a thing from, but as of writing it is at $389.13 which is exactly $389.13 more than I thought. Your generosity has blown me away. While we still have a way to go what you have done will be a great help in helping me stay in the USA, and be Father, and a Husband again. You all have no idea what a wonderful thing you are doing, how much just difference just one dollar would make and how magical this experience is.

I do honestly feel like George Bailey from Its a Wonderful Life, his story of being down on his luck with nowhere else to is similar to how I was feeling. So I guess if you don't mind the comparison it makes you all Clarence's so if you hear a bell check yourself for wings.

Although I do write, words are escaping me to show my gratitude for everything you are all doing for me, it is hard to say thank you again and again without it sounding false, but its the only word I know what to say in this circumstances.  A friend of mine sent something to me today, that I think sums up some of my feelings.

'As a person of faith, I truly believe that Almighty God, our Creator, gives us ample opportunities everyday to fulfil our purpose in life. Only we do not realize the purpose or the opportunity. Being given an opportunity is in itself a blessing!'

While you all know my feelings on this, I can agree we are giving opportunities everyday to show our quality and it is up to us what we do with them. I thank you for your help, you've helped this Father, this husband take a step closer to being able to provide for his family again. For that I am eternally in all your debt, life is beautiful, you are all Beautiful…

Thank you

When Immigration Giveth it also Taketh away – Part Two of My name is Nick Davis I'm an Immigrant in the USA and I'm coming out

I don't know how to start this blog, today has been a roller coaster to say the least. Yesterday's blog was written out of the worry and the real fear I felt; and for most of today I've been scared waiting for someone else to decide my fate in the USA. So I think the best way to start this is with the good news.

First my original blog My Name is Nick Davis I'm an Immigrant in the USA and I'm coming out as I type this got over 1500 views… Wow I am amazed that my little story of my trials and tribulations of the US Immigration Service would gain that much attention, thank you for reading and sharing my thoughts, it is touching to know my story interests you.

Now for the second piece of good news although this does leave a bitter taste, my case in Immigration Court was terminated today which means I'm being allowed to refile and adjust my status through USCIS and not the Courts. Not totally ideal and sadly this presents a hurdle we just cannot be able to clear. 

You see today we won and we lost all at the same times, it was quite heart breaking.

While this was one of the good results, out of all the options it leaves some stark choices and although it is better than being ordered to leave the USA, leave my family and everything I've strived for over eleven years.  It does mean I cannot apply through the Court for waiver for my filing fees and now have to find $1070 plus other possible expenses, and get this all filed by Monday of next week, or I will lose the chance of keeping my job, which in turn will mean I cannot support my family and the knock on effect of that truly terrifying.

It is ironic that this option that allows me a path back to legitimacy has presented such an obstacle, with me not working, and without a work authorization I cannot work, our household barely getting by on the income that my wife earns, this $1070 might as well be $1 million. After all I cannot allow my wife and kids be homeless just for my sake, they come first this is the duty of a Father and a Husband, and our income barely pushes over $1000 a month at the moment as it is. Which means in the time we have left I've finally been beaten by the USCIS.

The only option I have left is to return to the UK, get a job there and support my family that way, the USA has made it impossible for me to do this here and I'm going to have to sacrifice seeing my family for a very long periods of time, to make sure they are safe and provided for.

Immigration giveth and taketh away all in one day.

There is one chance, if I could raise $1070 by Friday, which works out $0.68 per person who viewed my blog today I can file my adjustment, save my job, and be able to stay in the USA with my family. If you can help, if you know someone that can help, even $1 will make a difference please click the Please Donate button on the upper right of this page.

Thank you, you are my last chance.

My name is Nick Davis, I'm an immigrant in the USA, please help… Please Donate

Update – The Paypal button seems to be sticking please bear with it I am looking at a solution right now, I just wasn't expecting anything like a response I got… Thank you!!! You have all blown me completely away! If the side bar button is not working, please Click this text link to Donate to Help Nick Remain in the USA

My name is Nick Davis an Immigrant in the USA and I'm coming out

I am not a number, I am a real person; my name is Nick Davis, I am a Father, a parent, a husband, a friend, a human being and I am helpless. Tomorrow my life as I know it will either renew or come to a complete end.

Eleven years ago I emigrated to the USA from the UK, making a huge decision to leave everything I've ever known to start a new life in the new world. During that time I became a Father and had a two wonderful children, along with many adventures. As with many first marriages it went the way of an American Tradition and ended in divorce, still I stayed for the sake of my children and then for my second wife Jean.

Then in 2009 the real trouble began… You see I'm an Immigrant in the USA and I never got my green card, due to circumstances from lost paperwork, to me being to busy looking after my family to look after myself I fell out of status. I know that sounds odd right? You see the first eight years I was looking after my first wife and two kids, and since I kept getting my work authorization finishing off the adjustment and paying the $1200 to get it done didn't seem as important as paying the rent or that medical bill.  Then my first wife divorce became final and left me in an immigration grey area.

Never fear though, confident that my second marriage to Jean would save me from being deported, and being taken away from my family we applied to change my status. We waited, waited and waited and finally the day of the interview came finally I would get my green card. What a glorious day this should of been, but it was not to be. You see, we found out that I could only adjust my status through the spouse that got my Visa, in this case the first wife, and as we had divorced I could no longer use the first wife to adjust my status… And to rub salt in the wound even though I was married to a US Citizen I could not adjust my status and get my greencard with Jean… Nice catch 22, eh?

Yes that right, at this point I had been in the USA for nine years, paid taxes, paid over $7000 to the overburdened USCIS and a sub-rule stopped me from completing my immigration journey. To make matters worse the immigrants that jumped the border had more options to stay than I did and I did all this legally!!! Ironic, no? My life had turned into a Greek tragedy.

At that moment I was declared an illegal alien… Wow, you have no idea how hard that is to say and how liberating it is to finally say that, I was always scared to refer to myself as that because here in the USA it carries a stigma, makes you an pariah. I am an illegal alien, the political bogeyman that politicians blame for a tanking economy.

What followed was two years of legal back and forth, and one full year of heading back and forth to Federal Immigration Court as I received a Notice to Appear to be placed in Deportation Proceedings. You see I had to find a way to keep my work authorization or I would stand to lose my entire life here in the USA, eleven years of providing for my family put at threat by a legal technicality. We then went through an entire year of continuances as ICE Prosecution were frankly overburdened and clueless to even push the case forward into deportation.

Sadly we ran out of time and on November 27th 2011 I was informed I would have to wait until January 24th 2012 to have the opportunity to file an adjustment of status through the courts, and in turn be able to apply for a new work authorization. My current work authorization had run out, my Employer could no longer legally employ me and I was Suspended with No Pay with pending charges for Termination on December 2nd 2012. Yes, that's right Suspended with No Pay that is the disciplinary measure that reserve for people who steal money or are disruptive (ie violent) in the work place. I knew they had no choice, and I can't blame them for protecting themselves,  but I had hoped I would get one more full paycheck so I could at least give my children a Christmas, as we had no savings to fall back on. Timing was really bad.

You see over the last two years my wife has been suffering complications during her recovery from cervical cancer, with chronic lymphoidema in the legs that virtually crippled her. More costs, more medications and machines that insurance wouldn't cover, all out of pocket and what little we managed to save, went to saving my wife. What other option did I have? What else is a husband supposed to do? Sorry Dear, I know this machine will give you more mobility and save your life, but I need to stay in the USA… That's right I had no choice at all.

Thankfully and surprisingly the kindness of friends saw that my children had a Christmas of sorts and I am humbled by what I witnessed. It was a true Christmas miracle and the support we were shown overwhelmed me.

Now we are in the new year, I have the hope if I can show I'm on the road of getting my work authorization I will be able to return to my position. It is a long shot, but long odds are better than no odds. Tomorrow January 24th at 1pm, I go in front of an Immigration Judge with the chance I will be able to submit my Adjustment Papers and he will accept them. So many things can go wrong, the Prosecution may reject them, they might as they have done ask for continuance to delay my case as they are to overwhelmed to just do their job.

If I don't get to file my Adjustment Papers tomorrow everything I've done over the last Eleven years will be for naught, I will lose my job, my home and will not be able to support my family. And I think my friends this will kill me. I am standing on a knifes edge and could if this all goes wrong lose my family.

My name is Nick Davis, I'm an Immigrant in the USA and I'm coming out…. I'm an illegal alien and I'm scared, thank you listening. Is it wrong if I say help me, please?

Sigmartyr Vol.3 of the Epic Stikfas action web comic – Fire Fight!

Volume Three of Sigmartyr the Stikfas Action Web Comic continues… Fire Fight Part Four!!! Alpha Team is pinned down by the Omega Assault units, but looks like reinforcements may have arrived. Click here to view this epic story…