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Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 1 of 6
FILED -SERVED ON
:=.ENTERED COUNSELiPARills OF RECORD
R...
Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 2 of 6
In essencse : it states before you can obtain- or even ...
Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 3 of 6
I never conceived in my wildest imaginings this could b...
Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 4 of 6
requests for my records. I would like subpoena her sinc...
Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 5 of 6
For all intense and purposes : I live the life of an il...
Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 6 of 6
This leaves me without hope. Nevertheless : I am in tit...
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Bettina Harley v. USCIS (Nevada District Court--Filed 2-17-2015) Strange Pro Se Complaint

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Bettina Harley v. USCIS (Nevada District Court--Filed 2-17-2015) Strange Pro Se Complaint

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Bettina Harley v. USCIS (Nevada District Court--Filed 2-17-2015) Strange Pro Se Complaint

  1. 1. Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 1 of 6 FILED -SERVED ON :=.ENTERED COUNSELiPARills OF RECORD RECEIVED r:: o 1 7 ')C:15r :... -..) l - 3e#/~.r:~r'A-;h ?h//:J~_#- ;/s 2: 15-cv-00275-JAD-PAL t/r5c /5 /!:f~/I ~e.- ..Z::AJ5- /// /e./-r?d~-+- COMPLAINT the party I am seeking to sue is <<the United S~es Bureau of atlzenship and of Immigration Services >>, but back when they were processing all my records and doing every thing with my paper work, they were the <<INS>> so......•my base for this claim is I am in deed an American : a US citizen lawfully admitted as a toddler by virtue of adoption and soon there after naturalized and always recognized as such and my identity never, ever in question- BUT- all of a sudden : I have ceased to exist !!!!!!! the new USCIS has no record of me in any of their data basis, nor in any of their extensive government repositories anyplace at all. At this point, I am no body what so ever ! I cannot renew my driver's license, rent an apartment or even a motel room. I can't apply for or obtain legal employment. I can't even open a b ank account or get a library card. now : For the vast majority of my life, I can recall having adequate documentation and proof positive as to my identity. I always held a driver's license and simultaneously a state ID card. "'further more :for much of my life, I even had a "department of defense identification and privilege card" commonly known as a <<military dependent ID>> this is b/c I was both a dependent daughter and later as a spouse , though I no longer quality, as a divorcee :to have a dependent ID card. Still and all :the point is my information is easily accessible in official government databasis, or at least it ought to be Sometime in the last few years, the congress has passed something called *REALID act*. myself never knew much about it, until I was personally affected by it. Bettina Harley v. USCIS (Nevada District Court--Filed 2-17-2015) Strange Pro Se Complaint 1.) What was her birth name? 2.) If she was adopted what was that new name? 3.) She was married and divorced; did she take her now ex-husband's name? 4.) Is "Bettina" the full and original adoptive first-name? 5.) India has extremely harsh and restrictive adoption laws making adoption in India very rare. Therefore, IF there was a legal adoption, it would probably have been in the U.S. so she could go to that U.S. court for her adoption papers which would probably include a formal name change. Also, during the pertinent time-period, adopted alien children did NOT automatically obtain U.S. Citizenship IF adopted by a U.S. Citizen. If adopted by a USC before CCA 2000, former INA 322 required that affirmative steps be taken by the adoptive USC parent(s) in order to attain expedited naturalization of a child. IF LPR (greencard holder) adoptive parents adopted her in the U.S. or another country before they immigrated as a family, she "might" have derived citizenship upon meeting certain requirements at former INA 321. It's just not that simple!
  2. 2. Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 2 of 6 In essencse : it states before you can obtain- or even renew- your driver's license or state 10 you must first prove something called "legal presence" now then :for most americans this is simply their birth certificate. But since I was born not here, nor to American parents my birth certificate is worthless to all of the DMV's in practically all states in the absence of a<< certificate of citizenship>> or of<< naturalization>> to go along with that. so- I came here at the age of 18months from Asia. I am born in Bombay, India. As a infant, I was chosen for adoption and paperwork filed to bring me into the country .I don't remember even coming here, much less obtaining an orphan visa and being formally adopted in a court of law in Honolulu, HI - nor receiving a green card and there after citizenship. Obviously : lve no recollection of ever interacting w/ the then INS as I was at all times too young to even speak in full sentences, much less file or receive anything on my own behalf. All pertinent and necessary documents were handled by my adoptive parents, here in after referred to as simply "my parents". For reasons that have nothing to do with this law suit; I am officially and permanently estranged from my parents and there is nothing they may even have that I might could secure from them as far as documents etc etc none the less: it's the responsibility of the INS I USCIS to maintain proper records on those admitted to entry in this country and later given citizenship. Such documentation shouldn't ever be disappearing for any reason ! ld no idea this could happen, short of a horror movie and that is the existence in which I now find myself. Every day I face the same challenges of chronic unemployment, lack of a safe and stable place to live and not having a dime in my pocket. This cannot be expected to go on ! I cannot be made to continue in such a way ! Thus far : I have survived and gotten by off of the charity of friends { my parents I haven't spoke to in over a decade } I ve no siblings. My mother and father : they were themselves immigrants, from Europe and South Asia respectively. As such : we have no extended family here, nor did we ever. All of my relatives are abroad, mostly in Europe. Though I know where theyre at, I cant even go to them for help, b/c how can you travel! over seas w/out a passport? see : I am stuck in a country that has always been my native land for as long as I can recall, and now this very selfsame country has denied me as one of their own ! this is absolutely beyond horrific ! INS has ruined my life completely...........
  3. 3. Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 3 of 6 I never conceived in my wildest imaginings this could be happening to someone whose legally an American. I left home at age 18 when I graduated high school. Any pertinent copies or certified documents of my orphan visa I adoption finalization order I naturalization etc would've been left in the possession of my parents, as I never fore saw needing them. which : I already had a driver's license and all that. I simply kept renewing it when required. Then a few years back....when I tried to renew, as required by law I I learned the truth about << REAL ID>> from the DMV personell. before that : I thought it applies only to actual foreigners. I had a driver's license in my home state of Florida and a non-DL identification card in my second home of Georgia. I was given a courtesy extension for 90 days; which the law says is the max. When I still couldn't come up wl anything they flagged me in their respective systems refusing to issue anything further till could prove citizenship. And I never could, blc my repeat attempts to ask INS for proof of naturalization were always met wl the reply they had nothing on me ! so I survived and got along as best I could, driving illegally wl an expired license and tags. Most merchants and landlords never looked at the expiration date. I no longer qualified to have a military spousal dependent ID card since I was now legally divorced by that time. My whole world fell apart when during a traffic stop my expired license and id card were seized by the authorities (they can do that when its no longer valid ) . following this incident : I am left with nothing on my person except a expired probation ID wl my picture which qualified as "quasi- identification" depending on who your dealing with. I still utilize that as its ails I have . It was good enough to get on a plane, and Las Vegas seemed like a potential place to rebuild my life, though I had never been here before and didn't know a single person. after being here close to three entire months I still couldn't get a job nor decent place to live wl no state- issued ID. I left everything and everyone I knew and came out west in the hopes of getting it all together. Among other things : I was attracted to Nevada, blc I heard its one of those states that issues a <<secondary driving permit>> to those who cannot prove they are here legally. The catch is that you then have to show DMV in Nevada that your from another country ! items necessary to obtain the card known as the "illegal alien license" include something to show that your from not America ! so....technically speaking I can't get one of those either and as a result I am like the girl without a country. Certainly: I can't get anything from the Indian consulate as to them I justifiably don't exist, and for good reason, if I done been here for 4 whole decades as an American.... *** INS has ruined my entire life, deprived me of a livelihood and of the civil right to identify myself and conduct and transact business with public and private agencies *** more over : prior to filing suit in a federal court of law, I done tried everything including unofficial and formally corresponding wl the now USCIS. A federally licensed attorney authorized to practice in US district court back in ATL named Tracie Klinke made numerous inquiries to USCIS on my behalf and went by the ATL field office in person"" which I had all p 0-c-c:.. ,a,c-~ q/~~J./
  4. 4. Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 4 of 6 requests for my records. I would like subpoena her since this court certainly has jurisdiction over her as well. I can also supply endless letters from both public and private agencies and charities that have tried to help me and run up against a dead end cause I can't prove who am I and to add insult to injury :the free county legal aid organizations have all refused to assist me, though they in fact routinely assist those who are here illegally . incredibly :their reason for denying me services was that they aren't "funded" or "setup" to assist naturalized Americans seeking their own records, as the normative procedure is to simply go through USCIS, since the government can't possibly deny you your own records if you request them via appropriate channels ??? so they all kept saying.....but when your own government is acting like they've never heard of you......and insisting your aren't contained in their files......you are essentially at a dead end. filing this action in federal court- and alone at that- was both a drastic and desperate move, but my last-ditch attempt at rectifying this Its no question in my mind, that some place, though they themselves cant seem to find it.... INS has in their possession my complete and entire file to include all the earliest records, beginning w/ my orphan visa issued in 1973 ( ? ) or maybe 1974 and continuing to my green card and culminating in my certificate of citizenship The INS gave as an excuse to both myself and later attorney Klinke, (who never filed any court paperwork on my behalf and has since officially withdrawn from representing me) that they couldn't find me under my name and repeatedly demanded an <alien registration > number, commonly called the "A- no". This no is used- so they said- to track applications from the first date of entry in the country and used up until the person is no longer a foreign national. They either couldn't or wouldn't grasp that a 42 year old who never had personal access to her own immigration documents- b/c everything was handled by her parents due to her age at the time of the various filings - was not at any point in time in possession of such a number, nor had any way to procure it. Now : this explanation not with standing : INS/ USCIS stuck to their questionable stance and the situation finally resulted in an impasse in which they refused to continue to look for my records "unless and until" I provide them w/ a seriel number that I ve no hope of realistically obtaining. According to Tracie Klinke : she then asked them to attempt to cross-reference or cross-check me under my parents names, since firstly : they, being green-card holders sponsored me into this country, and then they themselves also underwent the process of naturalization, though I had no clue when and where. Those efforts also proved to no avail ( had the INS "lost" their records as well ???? ) My father was a career Dept of Defense civilian attached to the US Air Force, and for like 20 years at that.......how was this possible ???? Time went by, and yet no answers. and so I find myself in this seemingly unsolvable circumstance. To this date : lve survived working itinerant, piece-meal, undocumented cash jobs here and there, some legal and some not so much. Currently I'm not working at all
  5. 5. Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 5 of 6 For all intense and purposes : I live the life of an illegal alien. more over : I'm worse off even than one of those; as virtually all of them have some ID from their home countries. I don't have even as much as that. Its like I'm not from anywheres and don't belong to any nation. I *do* have something called a" Hawaii Certificate of Foreign Birth". Its issued by that state's dept of health& vital statistics. It was issued post-adoption showing my newly adopted parents as my mother and father. Unfortunately, it lists them as foreign nationals as they weren't naturalized til a short time after adopting me, I don't know quite when they under went the whole process, but I know they did. ) Worse of all : underneath my personal information, but right above the official seal and stamp it bears in capital letters the caveat : <<this certificate of foreign birth shall not be used as evidence of citizenship for the child nor parents named above >>. Additionally : letters sent by me to Registrar-in-Chief Alvin Onaka in Honolulu have gone unanswered , in "reply" his staff just sends me yet another photostatic duplicate bearing the same warning, which renders the birth certificate virtually worthless for DMV purposes- in light of the following : ( cut and pasted ) THE REAL ID ACT, TITLE II sec 202 (c) 28: (c) Minimum Issuance Standards- (B) EVIDENCE OF LAWFUL STATUS- A State shall require, before issuing a driver's license or identification card to a person, valid documentary evidence that the person-- (i) is a citizen or national of the United States; (ii) is an alien lawfully admitted for permanent or temporary residence in the United States; (iii) has conditional permanent resident status in the United States; (iv) has an approved application for asylum in the United States or has entered into the United States in refugee status; (v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; (vi) has a pending application for asylum in the United States; (vii) has a pending or approved application for temporary protected status in the United States; 3 (viii) has approved deferred action status; or (ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
  6. 6. Case 2:15-cv-00275-JAD-PAL Document 1-2 Filed 02/17/15 Page 6 of 6 This leaves me without hope. Nevertheless : I am in title to my proof of citizenship and naturalization as a matter of law. ***This been going on since 2011 and I can bear it no longer*** It wasn't an issue ever in my whole life prior to 2011- although REAL ID supposedly came well before then, but if you had a license existing, you were fine, but when renewal time comes up, the DMV will be pretending like its your first time and whatever you had before doesn't count, and cites "mandatory compliance with REAL ID" as their rationale------ I must resolve this situation at the earliest ! I deserve to get back on track, at least to where I was before and where every American is at and not trapped in an existence where I cant prove to anyone's satisfaction who I am and I have nothing to look forward to except a lifetime of dire poverty and being marginalized as an individual who can be seen but not proven. The American Dream is become my American Nightmare *******THIS HERE BY CONCLUDES MY CLAIM ******** ·%-y ~y?c~(? ~6/?-7/~c-£ A; / 7P-~ r/ ;:;?"?7-":!Pt:YI 6~~~7

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