quick legal update

I finally have legal council but since this is a last minute occurrence, my refugee hearing date will be postponed. Hopefully this is a positive step as I have had a downturn in events over the past month. I've broken my ankle and am now in a "walking cast" which makes mobility a serious issue (I didn't get the fancy "air cast" the hospital offered because I didn't have $150 to give them.) I also have not had internet access at home since July so I've had to go out to look up articles and use printing services. Add a chronic mystery illness to the pot and you've got disaster for a pro se litigant. There are a lot of things that I want to do but my state-of-mind is not up for it. I am getting by for now and I suppose that is going to have to do.

Legal issues...

I have been trying to find a decent lawyer to help with my refugee claim since last year. I found a lawyer that agreed to take my case but after a few meetings with him, I discovered that he gave poor advice (I sought a second opinion to confirm that) and he was more interested in the "high profile" potential of my case than in my safety. I dropped him, quickly. I have received a few referrals to lawyers since then but none have agreed to take my case. I have gotten everything from "this is way over my head" to "legal aid won't approve you" to total silence. I have been approved for legal aid, to the astonishment of refugee advocates and total disbelief of lawyers. I have been told over and over again that I will be discriminated against by legal aid, the IRB, etc. due to my country of origin without consideration for the merits of my claim. So far, the discrimination is solely by the lawyers I have spoken with.

I have read countless articles about the refugee system in Canada (and in other countries.) I am aware that my case will be harder to prove than if I were from a war-torn country. I recognize that legal aid does not pay a lot and many lawyers prefer easy cases to the complex ones. What I am not sure about is the bigger issue: discrimination in the Canadian refugee process or in the legal profession (giving the illusion of greater discrimination by the IRB.) I have read that having a lawyer significantly increases your odds of winning a refugee claim but if your case is complex and you cannot find a lawyer, are these cases being lost due to IRB discrimination or due to lack of decent legal help? What if your choice is between a shady lawyer with bad advice and no lawyer at all? Sometimes a bad lawyer, or a lawyer that has no interest in your case, can cause more damage than having no lawyer at all. Then, when you lose your complex refugee claim without knowledgeable legal representation, the lawyers point and say "see, I told ya' so!"

I will cite articles later (when I sort through the many links I have saved) but what I have seen as the primary reasons for the denial of refugee claims are: the decision-maker you are assigned to and paperwork errors. The first issue is totally outside the control of the claimant, some decision makers simply deny all or nearly all claims. The other issue can be over come with proper council or assistance with the forms. I have received more bad advice than good when seeking help completing these forms. I have even been told to complete questions that did not apply to me (I am not under the age of 18, thank-you-very-much.) I can see why there are so many problems with incorrectly completed forms, in spite of all of the businesses advertising services to help refugee claimants. Add a language barrier and some refugee claimants don't stand a chance. 

In regard to other processes required to settle into a new country, I've had to seek advice from multiple sources to work my way through the system (filing taxes, applying for services, etc.) I am shocked at how difficult it is to get good advice. I've gotten blank stares, "I don't knows", people reading forms with me and guessing at correct responses. Pretty much every step of the way I am saying "I wish someone would have told me that months ago." I keep asking questions, doing internet searches, and stumbling along until I hit the right path. If anyone else is having this problem, all I can say is keep at it, keep asking questions and looking for the pieces of the puzzle because it is out there. You might find a good settlement worker who can guide you through the process or you might find one who just shows up for work. If someone gives you questionable advice, ask three more more people (this applies to lawyers too.) Good luck.

Taking a breather....

Since I cannot focus my attention on completing short stories, I will try to chronicle my experiences as an American refugee. I have not really covered that topic here because most people who have found this blog come here through my facebook profile where I have mentioned my status. I attended a scheduling conference today, to set a date for my refugee hearing. I know that this is not terribly exciting but I was anxious anyway. I barely slept last night, worrying about how much time I would be given to continue my search for a lawyer, to complete assessments that won't even begin until September, and to compile more documents in support of my claim. I also worried about what information would be discussed in order to set a date since I have a young child that I don't want to expose to any additional stressors.

The short answer is: I won't have as much time as I'd hoped for. I have until early August to submit all evidence and in the event that I do find a lawyer during that time, she would have to be available on the date that I've been issued. No personal information was used in the determination of the hearing date, we were simply assigned the next available date. The only plus side to today was that I reconnected with an outreach worker who I met when we first arrived in Canada. She reminded me that she is available to help and we discovered that we live in the same neighborhood so she could drop by at any time.

If I don't post anything else, I will at least add useful books relating to the topics that I discuss here and in my writings. I am working on a website where I explain the information that I will use in my refugee claim. I hope that my experiences help someone else, I hope that they help me and my son too but I am publishing this to help others. If I reach a positive resolution to this situation then I will have more energy and mental focus to work on my writing projects. Being a refugee is a stressful experience, especially while trying to raise a traumatized child. I expect very little advancement in my case until the deadline to submit my documents but I will post updates as available.

Scared to Leave, Afraid to Stay by Barry Goldstein

Scared to Leave, Afraid to Stay by Barry Goldstein

A book that was highly recommended to me. I am trying to find the time to read it now. This book addresses the obstacles that face women attempting to leave abusive relationships.

Mothers on Trial: The Battle for Children and Custody: Phyllis Chesler

Mothers on Trial: The Battle for Children and Custody: Phyllis Chesler

I'd buy this book if I had the money. It sounds like a great read.

Author Dave Pelzer visits Joplin to help aid recovery - Herkimer, NY - The Telegram

Author Dave Pelzer visits Joplin to help aid recovery - Herkimer, NY - The Telegram: "Author Dave Pelzer visits Joplin to help aid recovery"

Author of "A Child Called It" helps tornado victims.

It's been awhile...

I realize that I have dropped the ball on this blog. As much as I want to document my progress in my new life, I feel that there really hasn't been any (progress.) I have been unable to find a decent lawyer, I have been playing phone tag with the legal department of a domestic violence group, so I am left researching and dealing with my legal issues alone. I have an appointment with the IRB on Monday to set a date for my hearing and, since I have no lawyer yet, I cannot select a date that a lawyer will be ready to attend. I am pretty much stuck doing this pro se. This is such an important case for me that I spend all of my free time looking up cases and articles that I might use in my claim. My son's issues have also become more pronounced since he started therapy here so I have very little free time to be my own lawyer. This means that I have gotten zero leisure writing (or reading) done recently. I have not been sleeping well due to the anxiety of all of this, brain function has gone below fifty percent. When I do manage to fall asleep, I have the strangest dreams. Hopefully I will find a positive resolution to one or more obstacles before the next one surfaces.

My son's first full length creative-writing story...

I helped him type most of the content but I did not fully edit it. I felt that it was important to leave the story in his own words, as much as possible. Even some of the spellings are his own creation (he likes to make up new names for characters.) I will add photos when I can get some of his drawing scanned into the computer. Also, another warning, he is really into fart jokes and his favourite author is Dav Pilkey.

Potty pants

this is the story of Potty Pants and how he was created.

One night, in space, on Underwear World, undies fell from the world and onto Earth. It landed on a super poor person. It gave him super powers and now our hero protects this city.

One night in space, a small robot was created by aliens. And one day on that planet small robot turned evil and went to Earth to destroy it. He controlled a big robot. Potty Pants was 14 by then. He knew about the robot but never saw it. The robot's name was Ghattacue. Ghattacue's strength was spikes and dropping small versions of himself.

May is here...

A lot is happening this month. We have Slut Walks, Mothers marching, and protests worldwide. As you can see, I have not gotten any closer to my goal of completing my writings. The words are in my head, waiting to be transferred into data (I am still waiting for a brain to computer recording device), but when I am at the computer, I just stare at the screen or browse Facebook. I am researching articles for use in upcoming legal proceedings so I am accomplishing something, I hope, but my brain is in a bit of a fog lately. Maybe it's the stress, maybe it's something in the air, or maybe the timing isn't right? When I write, I draw my inspiration from my environment (the people I meet, places I go, and various other influences.) I have not been truly inspired in many months. I believe that is partially due to my lack of stimulating travel, I just can't afford to go anywhere to unwind or seek excitement. The droll of existence does not lend to a creative flow.

I am trying to get back into channeling my thoughts more constructively but it seems to be a slow process. I am at a point where I need to decide how each story will end, waiting for one story (non-fiction) to reach a point of closure, and I must sit down and tidy up each story so it's ready to share. Presently, I am helping my son with some of his stories, in a later post I will share something he has written for those interested in childhood writings.

The Girl's Guide to Homelessness

"Brianna Karp entered the workforce at age ten, supporting her mother and sister throughout her teen years in Southern California. Although her young life was scarred by violence and abuse, Karp stayed focused on her dream of a steady job and a home of her own. By age twenty-two her dream became reality. Karp loved her job as an executive …" Read more The Girl's Guide to Homelessness.

Bestselling author Murphy-Milano to speak at CCU

"Nationally syndicated radio show host and bestselling author Susan Murphy-Milano will visit Coastal Carolina University to promote her new book, “Time’s Up: A Guide on How to Leave and Survive Abusive and Stalking Relationships.”" More information.

Domestic Violence book release...

"Author Tiffany Johnson takes a stand against domestic violence. The former victim is set to release her first intimate memoir Enough Is Enough: This Is My Story."

Welcome!

This blog is my attempt at motivating myself to finish some of the growing list of stories I have been working on. My primary genre is dark fiction but I am also working on a non-fiction novel that inspires my fiction writings. I am a Domestic Violence survivor and an aspiring advocate for other survivors. I hope that my fiction stories will entertain and thrill while my non-fiction stories educate and inspire. I will post sample writings here as I complete each story.