kyburg: (Hurt)
[personal profile] kyburg
Folks, here is a loud request for signal boost. Someone I know personally is in deep trouble.

The director of my kid's preschool daycare contacted me via email with this news earlier this week:

Dear Beach Babies Families & Co-Workers,

I spoke to Upsorn a few minutes ago. She gave me permission to tell you of her urgent situation.

We were very worried last Thursday when Upsorn did not show up for work. Upsorn is always at work. I received a very brief call from her later that afternoon and she told me she was in Los Angeles that early that morning she was taken from her home by immigration leaving behind her two US born children. I went to help her but was not able to meet with her and she was taken that evening to El Paso, Texas. No one has heard from her until just now as she didn’t know she could call.

From what I am able to determine is that she has had all the correct documents to work in the United States (and we have the documents we need for her to be employed legally at Beach Babies) however it needs to be updated every two years. Upsorn told me that she had paid $5000 to an attorney who did not do anything to help her and then she missed a hearing. Since then she has been afraid to do anything.

The only family she has in the US are her two sons and her brother-in-law. Her brother-in-law has paid $8500 to an excellent deportation attorney by charging this on his credit card. Upsorn was told she only has 15 days which means our efforts to help need to be immediate.

We give our heartfelt appreciation to all the families and co-worker who have already responded. It means so very much to her and will help in her case. She wanted me to tell you all how much she loves and misses her babies and families and co-workers.

The ways to help:

1. A very strong letter of character reference for the attorney to send to El Paso by 2pm today. Please fax to (310) 376-9424 unless you can bring in personally. Letters received later will be helpful as well but we want to make a strong impact on the judge about how much she is loved and what a good person she is.
The attorney has advised us to address it: To Whom It May Concern and only write a strong letter about her character.
2. Donations will be very meaningful although she doesn’t know we will be raising money to help. It will cost money to get her through the process of getting her paperwork updated and back to the correct status.
3. Airline miles on Southwest will be appreciated to get her children and attorney to the 2 hearings that are coming up would be appreciated and will help keep her costs down. My husband and I have 4 round trips that we are donating but it will not be enough. We will need at least 8. We will pay for the difference if we do not receive enough.
4. We are considering doing a fundraiser where everyone will be able to help. We will keep you updated on this. . . any ideas? Babysitting parties, Anything . . . . .

She is such a wonderful exemplary employee whose heart has always been filled with love as she has nurtured and cherished each of the new babies she has welcomed into her arms. Although she is not here, she requested me to help manage her finances. Any donation will go straight to her cause, you can bring in cash OR write a check made out to Upsorn.

Thank you very much for you kindness and generosity to help get Upsorn back to our Beach Babies family!

Denise Tyner
Executive Director
Beach Babies, LLC


Her name is Upsorn Srestapunte and her co-workers are besides themselves. This morning, I went in to drop off kid and found a basket of chips and other vending machine fodder that they are asking donations for (suggested $1, please put it in the tuition box). They are holding a silent auction. They are FRANTIC.

I just got permission this morning to put this on open blast - IF YOU CAN HELP - please. Everything I have right now is tied up so tight it's blue in the face. But even good thoughts are being asked for right now - anything. Seriously.

She's been with them for nine years. I remember hearing some deep concerns last week, but nobody knew anything, and then Monday AM the news hit like a box of rocks.

Update this AM:

Hi Friends, Families, & Co-Workers,

I want to let you know what’s happening. I spoke to Upsorn yesterday. She told me that everyone who went to El Paso with her is getting deported today unless they have an attorney. So thank goodness Upsorn has an attorney. I have turned in all the letters to the attorney as well as her two son’s official school transcripts. We had to get LA Unified to allow her older son to act as custodian of the younger as this was an “emergency situation” where we couldn’t get Upsorn to sign for this. We are so happy they cooperated with us in a timely fashion so we could meet the 10am deadline this morning. I believe we will be hearing from El Paso any day now about whether or not her case will be allowed to be re-opened. If not, I believe (not positive) she may be deported. Please keep the positive thoughts and prayers for her. We have all tried our best and now it is in the hands of the Judge after he reviews her case. I will keep you updated as I get more news.

Warm regards,

Denise Tyner
Executive Director


I'm throwing a button up. At the very least, there's $13,500 in legal fees to recover, no matter what. And yes, I'm going to let Denise know I'm still licensed as a foster parent in the County and my house is still a foster home if worse comes to worse with those kids.

You've heard me tell about my fun and games with DHS and the paperwork updating requirements. I believe this. I believe this with every bit of intellect I possess. I've actually DEALT with INS and everything surrounding it, more than once.

When somebody says they're afraid to say anything, please remember this story. When you hear about people not having their paperwork in order, please remember this story. SHE'S LEGAL. You just can't stay ahead of keeping your paperwork *perfect* enough.

Think what $13,500 buys in your world, okay? And that's only the beginning.

I've got to go tell Jim about this. This is going to gut him.






Date: 2010-08-04 04:24 pm (UTC)
From: [identity profile] rm.livejournal.com
Adding to sundries post.

Date: 2010-08-04 06:08 pm (UTC)
ext_20420: (Default)
From: [identity profile] kyburg.livejournal.com
*hugs* Thanks, hon.

Date: 2010-08-04 04:30 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
Please correct me if I'm wrong, but you say she's Legal, but isn't it that once she didn't do/keep up with her paper work, and THEN missed her hearing that she then became Illegal? I'm surprised the company is supporting her so much, because if she slipped into Illegal status the company can get in major trouble for having an illegal working for them.

Date: 2010-08-04 04:56 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
Actually sorry, I talked to my Co-worker (who is here on a work visa), and she's not Illegal she's just 'Out of Status'. But as per my co-worker, it's her own fault. Yeah the paperwork is pain, but the alternative of not doing it is far worse, so you do it. (And sadly she's finding out the results of that alternative.)

My co-worker did have some advice, that was the lady needs to do vollentary dismisal as it's alot worse on one's record to be deported.

Date: 2010-08-04 05:02 pm (UTC)
From: [identity profile] luscious-purple.livejournal.com
What the heck is voluntary dismissal? Are you saying that Upsom needs to leave the U.S. voluntarily, or are you saying that the company needs to dismiss her as an employee?

Date: 2010-08-04 05:24 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
She would need to leave voluntarily. Her lawyer will most likely advise her of such, if fighting for her to stay doesn't work out.

Date: 2010-08-04 05:08 pm (UTC)
ext_20420: (Default)
From: [identity profile] kyburg.livejournal.com
$5,000 to the wrong person isn't keeping up her paperwork. You know what? You also hear about people getting taken in by scammers over their immigration status...and this time, it's not just a story.

Very expensive lesson.

Date: 2010-08-04 05:35 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
Still her fault for not doing her research on who she was giving that amount of money to. It's also why my co-worker does the paper work herself, so she knows it gets done. Those here on a 'work visa' are suppose to be for 'Specialty occupations in fields requiring highly specialized knowledge', meaning she should be educated enough to handle the paperwork herself, or atleast to know to research an attorney. If the attorney didn't do anything (and it wasn't a scam), she has legal rights against the attorney and will be able to stay, I'm sure her new lawyer will handle that properly.

And I have to wonder, where is the father of her children in all this? She has 2 kids, meaning she didn't come here pregnaunt (with the second one) so that means the father had to be in country as well.

Date: 2010-08-04 05:44 pm (UTC)
ext_20420: (Default)
From: [identity profile] kyburg.livejournal.com
Not necessarily. If he's dead, that would be a very good reason to be working full time all these years. Um, like my mother? (And another good reason to have relations with her BIL.)

Imagine getting screwed out of $5,000 over something this stupid. Would you own up to it? While everything, everywhere you look screams 'WE HATE YOU'?

Date: 2010-08-04 06:47 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
She had 2 kids in the US (not one but 2), if he was a citizen then it's not like she didn't have enough time to get married. Knowing she could get deported if something happened with her paper work. And heck having kids is great incentive to make sure one's paper work is done right.

And getting screwed out of $5000, yeah I would speak up. I would have asked my friends then for help. Not after getting caught. Expecially if I knew that being silent would affect myself and 2 children. And I wouldn't be travelling if I wasn't completely sure my paperwork was in order. Not if I have two kids depending on me.

So lets see...
1. She didn't do her paper work (or she got scammed and the paper work wasn't done by the attorney).
2. There was a hearing, which she didn't go.
3. She travels knowing she was 'out of status'.
4. She has 2 kids born in the US so significant incentive to do paperwork, go to the hearing, not travel. And yet still with having 2 kids, she also didn't do anything to keep herself from being deported. Apply for citizenship, marry the father if he was a citizen, research the attorney.

And now I'm suppose to help her?

Date: 2010-08-04 08:16 pm (UTC)
ext_20420: (Default)
From: [identity profile] kyburg.livejournal.com
Privilege.

Date: 2010-08-04 05:49 pm (UTC)
From: [identity profile] jaebi-lit.livejournal.com
Still her fault

Considering that [livejournal.com profile] kyburg is posting a request for help for a personal acquaintance, it's rather heartless, to say nothing of unproductive, to derail the discussion into blaming Upsorn. I suspect that she's already blaming herself plenty while she's stuck in INS detention.

As for fathers, that's your business how? The post says that the only family in the country are the children and an in-law, so whether there is a spouse or partner out of the country or not in the picture (some people are single mothers, some people have dead spouses, etc.) is hardly relevant.

Date: 2010-08-04 06:30 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
But she has children that are US citizens. Read up on 'Anchor babies' and while she may not fall into that category, a father out of the picture makes her seem closer to having 'Anchor Babies' then not.

As for it not being any of my business? I'm being asked to give my money to help her out of a situation she got herself into, and thus it makes it my business.

Date: 2010-08-04 06:36 pm (UTC)
From: [identity profile] jaebi-lit.livejournal.com
It's only your business if you're actually intending to donate any money, and it doesn't sound like you are. At least indicate that what you're doing is due diligence, because you sound a lot more interested in shaming this woman and being suspicious of her than in helping her out.

Date: 2010-08-04 06:58 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
Your wrong, It's my business if I'm asked to donate money, regardless of if I plan to or not. Because in the asking for help, it makes it my business. I don't give money blindly, don't know anyone who does.



Date: 2010-08-04 07:11 pm (UTC)
From: [identity profile] jaebi-lit.livejournal.com
Because in the asking for help, it makes it my business.

If you don't plan to, then why be an ass? If you're considering donating, due diligence makes sense. If you're not, then why is it your business? Additionally, not giving money blindly is not the same thing as being rude, suspicious, and implying, "It's all her fault, I don't need to help her out."

Date: 2010-08-04 08:05 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
I haven't seen anything to make me want to donate, but have I considered it, YES and why I bring up my concerns. Show me how it's not her fault, why I should donate my money. All the information points to her failing not once but several times, first the paperwork, then the hearing, then travelling, and then she has kids for an incentitive even.

And I also feel I must bring up that the company that hired her, could now be in trouble as well. So maybe spreading this request around isn't a good idea. (Atleast not without editing).

I could sit here and say nothing, donate nothing. Or I can bring up my issues with the situation and see if I'm not reading them right, because I'm sure I'm not the only one who isn't donating for the same reasons.

Illegal immigration is a BIG problem in alot of places. She may just be one person, but she's still part of the problem. Because almost every illegal is a friend of someone's. And it's the turning a blind eye because she's a friend, she made a simple mistake (which obviouslly it's not a simple mistake if you read my points above), that is just furthering the problem. Yeah she gets to be hated for being part of the problem, but she allowed herself to become part of the problem. My co-worker who is on a Work Visa (so understand the situation better then you or I) as well, has no sympathy for her, so why should I?

Date: 2010-08-05 08:51 pm (UTC)
From: [identity profile] kingsrook.myopenid.com (from livejournal.com)
First: She is not an "illegal". PEOPLE cannot be illegal; only ACTIONS can be illegal. Please to not use horrible dehumanizing Fox-News-endorsed language for actual fucking human beings, kthx?

Second: In addition, she IS NOT EVEN an undocumented immigrant -- she is at the moment a LEGAL, DOCUMENTED immigrant with a paperwork snafu and a huge amount of bureaucratic nonsense to deal with. Who is also very broke, because of said bureaucratic nonsense.

Thirdly, anchor babies DO NOT FUCKING EXIST. People with kids get deported all the time -- the INS doesn't give a shit, the kid gets deported right along with them -- and a kid cannot sponsor parents for citizenship until it turns 21 years old. Here's The Nation refuting that pernicious and vile myth: http://www.thenation.com/article/38035/baby-baiting

Fourthly, i don't know where you're getting this "travelling" thing. The letter in the OP clearly states that she was taken OUT OF HER HOME by INS officials and taken to El Paso. Since when does "in her house" equal "travelling"?

Fifth: your Coworker-on-a-Work Visa sounds an awful lot like the Black Friends and Gay Friends that lots of other bigoted right-wingers have.

And lastly: i'm not going to make any statements about your essential character; that's Not On, since i've never met you or seen anything else you've written. But you have certainly made a number of small-minded, nasty, bigoted, and completely-lacking-in-empathy remarks in this series of comments; and if someone i DID know said the same things, i would most likely conclude that they were a reprehensible, disgusting, and completely ineducable human being.

Date: 2010-08-06 04:15 pm (UTC)
From: [identity profile] vampireanneke.livejournal.com
As soon as she didn't do her paperwork, she became 'out-of-status' which is another term, however nicer to say 'illegal'.

Sorry didn't realize she was taken out of her home, and taken to El Paso. Oh well. So she was illegal enough that the INS came after her, which says something. The INS rarely does that (I know an illegal who has been reported dozens of times and the INS has done nothing).

Did you not see the thing where she had a hearing, which she choose not to go to. If she had bothered to go, and had handle things then, she would not be in the mess she is in now. Sure going to the hearing she would have still faced the same chance of getting deported, but a judge would be far more forgiving to someone who comes forward and explains the situation, the bad attorney, then someone who had to be dragged out of their house to appear before a judge. The longer she waited the worse her situation became, and that was all within her power to change.

As for my Co-worker, she a great person, she just has no sympathy for her, because she knows the government has no sympathy for such either. That it's a pain in the butt to do the paperwork and make sure it's done right, but that she doesn't have to be here.

I would have more sympathy if was simply a case of the attorney taking her money and her not knowing she was out of status, but she knew, didn't go to her hearing, and now wants help now that she got caught. How long was she 'out of status' for? How long did she know she was out of status and do nothing about it, except hope she didn't get caught?

Date: 2010-08-04 07:15 pm (UTC)
From: [identity profile] jaebi-lit.livejournal.com
I apologize for the derail, and my best wishes to Upsorn and her friends and family.

Date: 2010-08-05 08:54 am (UTC)
From: [identity profile] lilacsigil.livejournal.com
Donated.

I was on unemployment benefits for ages (having cancer didn't qualify me for disability), in Australia, which is relatively liberal compared to the US. I'm educated, a native English speaker and didn't have children to care for. Even with all those advantages, it was still extremely difficult to keep up with the vast piles of paperwork and busywork. My sympathy to her and her family.

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