Plead guilty careless and get a criminal record, the Chinese man was removed by immigration office

07/23/2012    10:41   Source: Journalist Li, Hong from China Press (USA)    Author:  Alex

Chinapressuas journalist Li, Hong reports on 7/22/2012 in New York — About 12 years ago, a Chinese man Duan Rong Lin who lived in Mississippi was arrested on suspicion of using the false credit card to buy $15,000.00 cigarettes from wholesaler with his friends, Duan Rong Lin plead guilty, and at that time, he just got a green card.   After that, Duan Rong Lin came to China several times, he entered the USA smoothly every time. But in the March of 2012, he was arrested by immigration office when he entered the USA, immigration office cancelled his green card. On 22nd, he was returned to China.

The court documents show that Duan Rong Lin got the green card by political asylum. One day he drove out with his friends, on the way of their trip, somebody use false credit card to buy $15,000.00 cigarettes from wholesaler, which was knew by local polices.  They escaped, but finally were blocked by many police cards in a gas station. All the people in the card were arrested.  Although Duan Rong Lin just went out with friends, but he was still believed to be an accessory of crime.

Duan Rong Lin’s lawyer Peter L. Quan told us that because Mississippi court did not provide Chinese translator and Duan Rong Lin thought his English is good, so he went to court without translator. In court, Duan Rong Lin misunderstand judge’s confession’s agreement, he thought if he plead guilty, it would be considered as misdemeanor, and he could be released right away, so he chosen to admit the guilty.

Lawyer Peter L. Quan said the Duan Rong Lin was sentenced to two years jail and five year probation, and he had to report to court every six months, Duan Rong Lin was released in court. He thought everything was OK.  In 2009, he went to China with his green card, then got married in China, and returned to U.S. smoothly. In 2010, he come back to China to visit his wife and son, and also returned to the U.S. smoothly. In March of 2012, when he returned to the U.S., he was arrested by immigration office.

Immigration office cancelled Duan Rong Lin’s green card with the excuse that he was sentenced to two years and had criminal record, and they decided to return him back.  And at this time, Duan Rong Lin received the immigration documents showed that his wife and son’s petitions were approved.  It was too late for him to repent his behavior, he should not admit the crime careless, and he felt victim to his decision.

Lawyer Peter said, according to immigration law, if green card holder pleads guilty or be sentenced to be jailed over one year, the green card will be cancelled.  He reminds the person who has the similar situation.  If you think you are innocent, you should not plead guilty, especially for the crimes involving moral turpitude, which including, but not limit to do business without license, fight, prostitution, theft.  And some of crime may be sentenced over six months or probation, it also cannot be accepted, because immigration will cancelled green card if someone has the same issue.    Also, according to immigration law, anyone who applies for naturalization should have good moral turpitude for 5 years. Immigration office has its own discretion, someone is still denied in naturalization interview even they apply for naturalization in another 5 years.

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Immigration Application successfully transfers the court for hearing and appears on court via phone 06/09/2012

[Tips from Peter L. Quan: Last week has passed and the new week will be coming soon. Just as the universal metabolism, the time flies no matter we want or not. One Philosopher said that, if you worked hard for one day and you would have good rest for one night. If you worked hard for life, you would get permanent rest. Yes, the ruthless time will make people turn older, but will never change memories related to life. Fortunately, law office of Peter L. Quan expands its service ranges, and also is equipped with two paralegals who could speak Fuzhou Dialect. It is no doubt that out services are flourishing and we make more new friends. These bring fortunes to our law office and thanks to all the colleagues for their hard working, which makes the past week very enjoyable. Every week when Peter L. Quan writes paper, it is just a way to relax and enjoy, similar to common conversations with friends. In fact, no matter how capable an attorney is, it is the judge who determines the case results. So how to learn about what the judge is thinking in order to better serve our client, is a very important thing for each lawyer, and can only be learnt via actual experiences. The USA is a Federal country, and also each state has its own independent legal system. In the Federal court, when one case needs to be transferred from one state to another, we need to pay attention to special legal conflicts and requirements in different states. This article talks about this in detail. ]

As an attorney who owns multiple-state licenses, and as an attorney who attract many clients, Peter L. Quan accepts immigration cases from all over the country. As a result, Peter L. Quan needs to face the differences in different states about judges and practices. The USA has 50 states, and in each state, there exist a lot of cities. In each city, the judge has his own preferences. In order to win the case and get the benefits for our clients, Peter L. Quan needs to learn and analysis each judge’s special requirements. During this process, there will always be some judges who have very obvious personal preferences. Today we will tell Mr. Liu’s case to show a story of battle of wits.

Mr. Liu arrived in the USA in one of the Western states near Mexico. His case was processed in a court in a small town in that state. However, the court located in a very remote place and there was no airport in that city and it was hard to find the town in the map. So the judge of Mr. Liu’s was just such a person who was not very well-known. Recently, Mr. Liu moved to the East USA and came to the attorney’s office of Peter L. Quan. Mr. Liu asked Peter L. Quan to transfer his case to New York. Peter L. Quan welcomed Mr. Liu very pleasantly. In fact, the process of transferring courts was not very complicate. Before Peter L. Quan accomplished a lot of transferring courts cases, which were all successful. According to the standard process, transferring courts needs to submit a lot of non-litigation legal documents. Such non-litigation legal documents are not like the common documents we prepare for the court. Those documents include motion to change the attorney, motion to change the court as well as the client’s own witness. Some states may have some special forms and format requirements. Professional attorneys in the law office of Peter L. Quan will research and analysis the different laws in different states, and finishes the document preparation for each state.  Generally, the motion top change the attorney does not require the signature of the original attorney. However, the judge of Mr. Liu’s case had special requirement that the change of attorney motion needed the signature of original attorney. Even though Mr. Liu explained that the original attorney had already disappeared. Since the date of appearing on court was approaching, Peter L. Quan sought to other solutions as soon as possible. He submitted the motion to appear on court via phone, that is, the client answered judge’s questions via phone rather than appear on the court. However, the judge still declined the request. Although both clients and the attorney could not resist the judge directly, the judge usually has his own requirements to be met with. Peter L. Quan just wanted to find what the requirements were. Then Peter L. Quan contacted the assistant of the judge, and learnt about the requirements of the judge, and then he made out the third plan. That is, to submit a motion to not appear on the court. This step was very difficult to deal with. Each motion needs to be submitted with various evidences and reasons in order to persuade the judge, which can only be completed by professional lawyers. During the process, the related analysis of law, contacts with judges and his assistant, contacts with immigration office and the related government departments are very complicate. Peter L. Quan would like to deal with all these difficulties as long as this would benefit our clients. Fortunately, Peter L. Quan’s efforts reward. Finally, the judge of this case accepted all requests from Peter L. Quan in New York. In this way, we saved thousand dollars legal fee for our client, and also we avoid the long distance from New York to the Western states.

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Peter L. Quan completes spouse immigration application successfully 08/22/2009

[In Peter L. Quan’s articles, we have discussed how difficult it is for spouse immigration application when marry to a US Citizen. No matter in Guangzhou Counsel or in any departments in the USCIS, the difficulty exists. This is because that the immigration officers hold the assumption that every marriage is a sham marriage, so the petitioner and the beneficiary needs to provide as many evidences as they can to proof that their marriage is true. This is really not an easy thing. Peter L. Quan experienced such an interview in Federal Plaza in New York. Now he will record the interview between the immigration officer and the beneficiary. With regard to the most important points, Peter L. Quan adds the evaluation in the []. This interview is a very successful case and please continues reading since it is really a very difficult case.]

Let’s introduce the basic information first. To protect our client’s privacy, Peter L. Quan used the alias in this article. Mr. Lin has already been 70 years old this year, while Mrs. Wu is just 50 years old. Although Mr. Lin is a US Citizen, he has been divorced for three times. In the meanwhile, Mrs. Wu divorced once. What’s worse, Mr. Lin could not provide the divorce certificate for his first marriage. Mrs. Wu entered the USA via B1/B2 Visa but her legal status expired for several years. Mr. Lin retired and did not have stable income right now. He just had about $700 pension and social insurance every month. The economical affidavit was finished by others. The couple did not have any shared property, and the only shared document was the bank’s monthly statements, which showed the two couple’s names. They were introduced to each other in October 2008, and they got married that November. They came to Peter L. Quan’s office in December 2008. During the process, we used 87 days to complete the affidavit. Briefly, it only took about 8 months for them from they got married till the green card based on marriage was approved. Peter L. Quan might not call this case a miracle, but this case was really very rare since there were so many difficulties.

Peter L. Quan needs to remind you that, the petitioner and the beneficiary’s actions are very important. (This is very different from situations in Guangzhou Counsel. In Guangzhou, only the beneficiary can face the immigration officer, while the petitioner can only stay in the outside café.) The couple must cooperate with each other very well and also express self confidence. However, when the officer asks one of the interviewer questions, the other one cannot answer. The following paragraph is just part of the interview record. According to Peter L. Quan’s experiences, no matter what kinds of questions asked, the immigration officer will first ask the husband (the answer will be written in red ink), and then the wife will be asked the same questions. (The answer will be checked in blue ink if the two couple provides the same answer.) Basically, though there are a lot of questions that the immigration officer might ask, the petitioner and beneficiary must remember that, the aim of each question is to testify the truthfulness of the marriage. Before the interview, Peter L. Quan will tell the couple to be well prepared. All the questions prepared have been asked. If you continue your reading, you will find that most questions are very basic and easy, just the common sense in daily life.

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International Student Receives Permanent Resident Card Fortunately

[Report by Liu, Daqi from Mingpao]

A student named Lin joint the church in New York after he came to the USA for study from Mainland China. After coursework, he attended church activities regularly. During the Christmas, Lin went back China to visit his family. During the vocation, he communicated with his families and friends about the experiences of attending the church activities as well as introducing the doctrines. Upon his return to the USA, Lin claimed that the related departments in mainland China gave pressure to him in the name of attending illegal church activities. Lin submitted political asylum and wished to adjust his status and stayed in the USA. Recently, the USCIS already interviewed Lin and approved his application and grant him permanent resident card.

The representative attorney Peter L. Quan said that the pass rate of USCIS interview was no more than 5%. Most cases would be transferred to the immigration court. Lin’s successful was very exciting. Peter L. Quan said that their office prepared detailed statements for Lin and explained all the reasons and results happened, which reduced the doubts from the USCIS to the most extent. Besides, their law office helped Lin in his preparation in the supporting documents, which strengthened Lin’s confidence.

Recently, more and more Chinese immigrate comes to the USA. Under to introduction of Peter L. Quan, there are mainly three ways to adjust status: first is to marry with the US Citizen or Permanent Resident Card holder. Marriage with the US citizen is the most quickly way to get the green card. As long as you entered the US legally, you have no need to worry about whether your status is legal. However, if you marry with permanent resident, you need to keep your status legally before marriage. The second way is to apply for employment based status, including H1B, EB1/2 and so on. The last way is to apply for political asylum. The application must be submitted within one year the applicant entered the USA. Then the USCIS will ask the applicant to do fingerprint as well as interview. If the interview has not passed, then the case will be transferred to the immigration court.

For those who want to seek for political asylum, Peter L. Quan suggests that one must prepare the evidences as early as possible, such as I-94 card. When submit evidences, the statements must be prepared carefully. Before the interview, the attorney needs to review all the documents with the applicants and tries to mimic the interview. The applicant must guarantee that all the answers must be based on the statements and must be fact. If you do not understand the question, do not try to answer arbitrarily to avoid outsmart yourself.

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Case Analysis of a Successful H1B Application

[Tips from Peter L. Quan: this article analysis three H1B application cases. One is the successful case, one is the application still in the waiting process and one is the declined case. The article also talks about the questions that need to be paid attention to when you do the tax declaration. In fact, the requirements for tax declaration are not very difficult. There are still quotas for this year’s H1B, it is not late to apply this year. Please continue reading the article to find more details. ]

Careful readers might find that, this is the 156th articles that Peter L. Quan writes for the US <Qiao Pao>, the US Sino vision, and Oriental East website. About three years ago, he started to publish articles on <Qiao Pao>. The first time he talked about H1B was in an interview from Sino Vision reporter in spring 2008. Time flies, but fortunately, the readers of <Qiao Pao> and Sino Vision keep increasing. In another word, the three years are a period of time Peter L. Quan grew up with them. By the way, if you take Air China’s airplane to go back China, you will get a latest <Qiao Pao>.

Each year, there are about 60,000 quotas for H1B. However, only people with college degree or equivalent degrees have the qualifications to apply for H1B. Besides, USCIS requires that the position provided by employers must request people with higher than college degrees. Generally, it is the applicant who contacts the attorney, but from the legal prospective, the attorney should represent the employers. That is, employers employ attorneys to deal with H1B application for applicants. Peter L. Quan thinks that the key point is that the position provided must have the requirement that employees should at least have bachelor degree. And the major of applicants must consist with the position’s requirements. The degree achieved outside the USA must be notarized restrictedly. Then it is the attorney’s job to prepare all the materials.

Then we will have a look at Peter L. Quan’s three cases of H1B applications. The first is a successful case. The employer is an after-school tutorial education institution founded for a long time. The applicant is a student who achieved Master of Mathematics degree in the USA. The position is a teacher. The main job duty is to tutor the student how to receive the offer from famous universities and high schools. The application started since this March, at that time, the student had about more than one year OPT period. According to the experiences, he did not need to pay the emergency fee, which was $1,000. He might be approved very successfully. The fact proved that Peter L. Quan’s judgment was right. The application was not only approved before October 1st, but also the applicant saved a lot of money. Besides, Peter L. Quan also applied H1B for one of his workers. The position was lawyer. He thought that there will be no problems. Let’s look at a decline case then. The travel agency applied H1B for a B1/B2 visa holder with the position of tour guide. The applicant graduated from a Physical Education University in China and his major was foreign languages. The USCIS declined the case with the reasons as following. The first one was that, they thought this position did not require people with at least college degree. Moreover, USCIS thought that the degree in China was not consisting with their requirements.

The USCIS does not have restricted requirements for employers’ tax declarations. As long as the employer has stable scale, stable tax declarations, and steady profits, even if the tax declaration was filed jointly with spouse, H1B application will not be affected.

Today is the China National Day festival. Dedicate this article to the US <Qiao Pao> and Sino Vision.

 

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Illegal Immigrate Receives Permanent Resident Card after Marry to the U.S. Citizen

[Tips from Peter L. Quan: The client entered the USA legally, but lost his legal status later. Afterwards he married to a US citizen and received the green card. The special point of this case lies in that the processing speed was very quick. It only took about 4 months from the application beginning till the completion. If the case was that Permanent Resident Card holder applied for spouse, it would not perform so quickly.]

Mr. Wang entered in the USA with B1/B2. Then his visa expired and then he lost his legal status. But he did not hurry to do other applications but stayed in the USA and kept studying and living. Recently, he had a girlfriend in the USA and planned to get married. However, Mr. Wang married once in China and his wife and children were still in China. In order to get status, Peter L. Quan prepared divorce documents for him. Although his wife was in China, Mr. Wang lived in New York more than two years, so it was possible to get divorced in the USA. Through Peter L. Quan’s efforts, about three months later, Mr. Wang got the divorce paper, which lay a flat ground for Mr. Wang. With respect to this case, some readers might say that Peter L. Quan always dealt with divorce cases and separated couples, will this be some kind of inappropriate? To clarify, Peter L. Quan himself did not want to do these things. He just respected with clients’ requests. However, to uphold justice and redress the scale are the missions of an attorney. Since the day Peter L. Quan joint in the occupation of attorney, he must use the US law to serve the clients and society.

From this April, Peter L. Quan applied permanent resident card for client. Because of Mrs. Wang’s cooperation, in the first time they submitted documents, all the documents were complete, including Visa application, I-485, Physical examination form, materials to testify the truth of marriage. In about this June, they received the materials to finish financial affidavit. Within one week, the materials had been submitted to the USCIS. In this July, they received the notice of interview from USCIS. The interview was scheduled in this August. After the interview, immigration officer did not say anything but let them to wait at home. Then Mr. Wang received his permanent resident card two weeks later. Finally he could go back to China after more than ten years.

Besides, Peter L. Quan trained Mr and Mrs. Wang before their interview. From the basic facts to clothes, manners, he gave them very careful instructions. Although his wife was working outside the State, she dropped by Chinatown in New York occasionally, they successfully testify the truth of their marriage. When Peter L. Quan suggested Mr. Wang to wear formal dress, he seemed very reluctant to do this. However, after he received his permanent resident card, he came to Peter L. Quan’s office and said: “Thanks so much. The reason I can get the green card so quickly is that I conform to your every requirement.”

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Receiving Permanent Resident Card Even Got Deportation Order on hand and arrested by the USCIS 06/01/10

[Tips from Peter L. Quan: this article talks about a person with deportation order for many years and even had been arrested by USCIS one year ago. But he got permanent resident card several days before. The key point lies in the attorney’s fully preparation and endeavor. Please read the whole article for details.]

Mr. Wang (Alias) entered in the USA in 1993 without inspection of immigration officer. After he came to the USA, he found an attorney named Bao to apply for legal status for him. Unfortunately, because that Bao had been related to smugglers and engaged in tax evasion, he had been filed for investigation and sentenced to the jail for several years. Mr. Wang was affected by Bao’s case. Mr. Wang’s case was declined very strangely and got the deportation order. Several years later, about in 2008, Mr. Wang was arrested by NYPD because of a very small criminal case. He did fingerprint and was found to have deportation order. Then he was transferred to USCIS jail. He might be deported in any minute. Generally, for anyone who got deportation order, once he committed a criminal crime, he might be deported to China. Without choice, Mr. Wang’s families looked for Peter L. Quan immediately. They requested Peter L. Quan to let Mr. Wang stay in the USA, at least, not be deported back to China.

The first thing Peter L. Quan did was to go to the immigration jail located in Manhattan to visit Mr. Wang and learnt about the case information. Generally, several things needed to be done: first, Mr. Wang should stay in the USA. Second, the attorney should try to ask the USCIS to release Mr. Wang as soon as possible. Thirdly, the attorney needed to request to appear on  the court and get permanent resident card for the client. This is really a very challenging case. Readers might know that the application is usually submitted within one year you entered in the USA. But Mr. Wang stayed in the USA for many years with deportation order. Secondly, criminal case record itself strengthened the difficulty of application. Since USCIS would not intend to issue green card to people with criminal records. Mr. Wang’s case was destroyed because of Bao, according to the Chinese famous saying, you need to solve the problem from where the problem starts. So Peter L. Quan thought that if Mr. Wang wanted to receive the permanent resident, they needed to start with Bao.

In the beginning, they needed to testify that Bao had dealt with Mr. Wang’s case. This was not a very easy thing. Since it had been such a long time, Mr. Wang had no documents at hand, which was such an unfortunate thing. Not only Mr. Wang, according to Peter L. Quan’s observation, many people had not such a habit of saving recodes and receipts. This is not a very good habit. Even though the attorney has very excellent personal ability, there is no way for the attorney to collect all the evidences. Thanks god that it is in the USA and there is a National Archives. Theoretically, all the documents submitted to USCIS or the court will save a copy in the National Archives. And the applicant has the qualification to get one of the copies. Besides, we can get the files from BIA. Via Peter L. Quan’s endeavor, Mr. Wang’s file was received quickly.

The next stop was to ask the judge to give Mr. Wang another opportunity to appear on the court. According to Peter L. Quan’s experiences, the immigration judge heard about Bao’s issues. Just as the Chinese saying, bad things always spread fast. The judge exempted one year period application requirement immediately. After Peter L. Quan’s efforts, the judge granted Mr. Wang’s application. Mr. Wang got the deportation order for a long time, and stayed in the USA illegally, and also he submitted the application more than one year. What’s worse, Mr. Wang had criminal records and been arrested in the USCIS jail and might be deported to China in any minute. With such bad situations, Mr. Wang’s permanent resident card might be viewed as a miracle. At lease, it was a very rare case in immigration judge’s judgments. It was lucky that another Chinese got legal status in the USA. Of course, this case was Peter L. Quan’s best success and pleasure.

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Having a Narrow Escape from Death 04/01/10

[Tips from Peter L. Quan: this article talks about how a Chinese immigrates with deportation order who was already sent to JFK was finally released. In fact, in the USA, there are so many people who have deportation order and some of them are required to report to the immigration department. This article explains detailed questions these people might confront with during their daily life. Please continue reading this article.]

People, who live in the world, will always confront with various challenges as well as opportunities. As an attorney, whose abilities are limited, sometimes needs helps from friends. All the purpose is to serve the clients better. There are four attorneys in Peter L. Quan’s office and also we help other attorneys as well. One of the attorneys is Wang, Aijun. She is classmates of Peter L. Quan in Law School. The attorney office of Wang Aijun has not started very long, but she usually accepts some very challenging cases. Since Miss Wang and Peter L. Quan were classmates, they usually help each other together. Then they have their own offices but they still always learn from each other. The lifetime is a process of continuing learning and self-education. Then in the following, we will talk about today’s case. Since the attorney should protect client’s privacy, client’s name must be changed. Some of the key materials and working methods cannot be revealed in the article.

The client was a lady, who was two daughters’ mother. The two kids were both very young and in need of mother’s care. Several years before, the lady was sentenced by the immigration court to be deported to China. She was supervised by the immigration court and also was required to report to the USCIS every several months. It had been three years since the first report, there were always nothing happening, but this Wednesday, she was arrested by USCIS. Generally, people with deportation order who reports to the USCIS are rarely arrested by the USCIS. But with respect to this client, Peter L. Quan learnt that besides the deportation order, the lady also had criminal records, although the record was not very serious. However, just because of the criminal records, on the one side, USCIS required her to report, on the other side, USCIS dealt with her travel documents. So when she reported to the USCIS this Wednesday, travel documents had already been prepared ready. The next stop was to be deported on the plane and fly back to China. After the client was arrested, she called her relatives immediately. In a hurry, the client committed a fatal fault and said her two children were sent back to China.

The relatives of this client contacted attorney Wang, Aijun. Since the case was challenging and the situation was emergent, attorney Wang asked Peter L. Quan to go to the deportation officer’s office in Federal Plaza at 3:30pm in the Friday. The officer told that there was no time to do something since the client had already been sent to JFK. The flight will departed in 5:00pm. Without choice, Peter L. Quan had to try his best. The first thing to do was to find a guarantor. Then he must submit the emergent documents to the deportation officer. Then Peter L. Quan asked one of the colleagues in his office to contact with BIA immediately. All the endeavor and efforts were not in vain, the client was sent back from the Airport in 9:00pm. Then we won the precious time for our client. If the client stayed in the USA for one more day, we had one more opportunity.

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Sue the Police for Violent Law Enforcement and Receive the Compensation 08/20/2011

[Tips from Peter L. Quan: this article first tells about the most important problems that needs to be addressed in the cases of accidental injuries, and then this article analyzes a case that because of Violent-Law Enforcement by NYPD, the client got injured and finally got reasonably compensations.]

It is hard for new immigrates to make a living upon their arrival in the USA. What’s worse, because of language difficulties, they always became victims of violent law enforcement by the police. When such kind of unfortunate things happened, or similar other accidental injuries happened, you need to calm down and collect all the evidences. For example, if you had wounds on your body or your car had been knocked to broken, you need to take photos as soon as possible. As time flies, the wounds and the damaged properties might change, and it will be hard to collect evidences at that time. Then you need to report to the police as well as call the ambulance, and then you need to receive treatment in the hospital. The reports from the police are usually one of the most original evidences, which might determine the judgment of the case. This is because that the police reports will write down clearly what the accident is and whose faults they are.

Now Peter L. Quan will tell an injury case happened because of violent law enforcement by the police that he participated to deal with. Mr. Wang was a new immigrate from China. He performed as a long distance bus driver to make a living. In June 2009, he stopped his car near the bridge in Pier 17 on East River. Of course, his stopping was legal. When he went back to his car to pick up some things and when he intended to leave, several white police from NYPD rushed into his car. Maybe because that Mr. Wang could not communicate with the police via English, then the police handcuffed Mr. Wang and also they beat him. At that time, Mr. Wang was knocked out and freaked out. After the police took Mr. Wang away, Mr. Wang was asked to do fingerprint as well as take photos. Afterwards, he was detained temporarily and forced to have a hearing on court.

To be clarified, if one person is arrested by the police innocently, for the first time he appears on the court, he should never admit the crime. By the way, if a new immigrate has no deportation order, the case will not be transferred to the immigration office generally. So the person being arrested needs not to feel afraid of his own immigration status. If the person admit the crime, then the afterwards accidental injuries will be very difficult to receive compensation. If not, then the civil compensation will be much easier. If you want to sue the police station or other government departments, except the above mentioned evidence collections, you need to submit a letter of intent to the New York City government and the Chief Auditor’s office to require civil compensation. Of course, Peter L. Quan finished this step for Mr. Wang. Then, what about the next process? Please continue focusing on Peter L. Quan’s next article, in which he will point out how to get the compensation for client to most extent.

In the above article, Peter L. Quan told that, the first step of getting compensation is to collect evidences. Then we need to inform the New York City government that we want to sue the NYPD. The most important thing is to collect evidences, but this is also the step that most people will ignore. It is true that the more evidences you collect, the easier the process of the case will be. Some of the evidences might be hard to collect if you missed the best time. According to the victim’s situation, except the basic treatment in hospital, he needed to complete a general physical check-up, such as X-ray, CT and so on. Besides, he needed to see doctors in psychiatric department, neurology department, psychology department as well as Physical Therapist and let them to evaluate his illness. This is because that some illness might conceal for a long time, and some illness may have sequela and even needs the guardianship and treatment for a lifetime. As a result, the high expenses must be considered within compensation. This is a basic principle for the U.S. law, that is, to recover the victim’s situation to before injuries via compensation, though this aim is hard to achieve.

Since it is hard for new immigrates to find a job, they usually receive cash as their salary, which might benefit both employers and employees. However, there are some bad effects.  For example, there will be disadvantages when request for injury compensation. According to Peter L. Quan’s experiences, some victims need the compensation for salaries since they cannot work during the recovery period. This part of compensation depends on the victim’s past tax declaration. That means, if someone declares very low tax, then he receives very little compensation. Moreover, according to the U.S. law, if one side of the couple cannot perform spouse responsibilities (including sex), he also needs to get compensation.

After submitting the letter of intent to the government, if the two parties cannot reconcile, then one needs to appear on court. There will be some tips on how to choose the court. Generally, within the five districts in New York, for the same cases, you may get higher compensation in Brooklyn court. So if possible, you’d better choose court in Brooklyn. Of course, some cases must sue in the Federal Court. During the process, Peter L. Quan will analyze the past similar cases, and evaluate the compensation amount the client might receive. In this way, Peter L. Quan will fight for the most compensation amount for his clients.

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Peter L. Quan wins Four Hundred Thousand Dollars for Client 09/27/2010 Wang, Peien Won a Lawsuite and Thanks for Warmhearted People’s Help

Report by Meng Feng in New York from the <World Daily>

On September 26th, 2010, the Elder Wang Peien thanks for Hupei Association in New York, the Hunan Association in USA and the attorney’s help. From left: Yi Jijun, Peter L. Quan, Wang Peien, Liu Mengqi. (Photo taken by Meng Fang)

 

Under the help of Hupei Association in New York, the Hunan Association in USA, the Elder couple Wang Peien and her husband sued martial arts master Shi, Yanzhang because of his arrearage got a very satisfying result. The court judged that Shi, Yanzhang must return and compensate $400,000 to couple Wang Peien and his wife. On September 26th 2010, the Elder Wang Peien thanks for the two associations as well as the attorney Peter L. Quan who represented this case voluntarily and some other warmhearted people during the process.

The president of Hupei Association in New York Liu, Mengping introduced that, after the case happened, they once accompanied Mrs. Wang, Peien to go to Grace Meng’s office and ask for help. Besides, they went to the trial attorney’s office in Queens to tell about the situation. Finally, they decided to use civil compensation method to get back the arrearage. The president Hunan Association in USA Yi, Jijun said, after he got the information of this case, he introduced Peter L. Quan to Wang Peien and tried to help him with legal method. Peter L. Quan pointed out that, he had sued Shi, Yanzhang to the Civil Court in Queens. The court judged on July 7th 2010, that Shi Yanzhang needed to payback Mrs. Wang, Peien nearly $400,000, of which, $140,000 is the arrearage, and $53,334 is the interest, while the rest are spiritual and punitive compensations. Peter L. Quan said that he would try his best to get the compensation for the elder couple.

Wang, Peien memorized that, in 2006 she deposited her house to the bank for loans and lent $140,000 to Shi, Yanzhang. She kept the I.O.U. however, since Shi, Yanzhang did not return the money, and they could not pay back the loan to the bank, the house had been auctioned by the court. She and her family had no place to stay but to live in a place provided by Shi, Yanzhang temporarily. However, during the stay, the electricity and water had been cut off for several times, which brought Mrs. Wang Peien and her family a lot of troubles. Without choice, they had to sue Shi Yanzhang to the court.

Based on the judgment, Shi Yanzhang expressed that he was very helpless. At first, he entrusted an attorney to represent this case, but because of limit economic conditions, he did not continue to entrust the attorney. This July he once went to the court, but without the counsel, he could not appear on the court. He also told that he had only borrowed 20 to 30 thousand dollars in total. Just because he had limited money on hand, he could not return the money back.

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