no i was ordered removed from united states before i could ev come forward and my orders of removal took place in 1998 but it was only for not having status in u-s it was not because of this case
i spoke to a lady in nassau county civil supreme court she said my case needs to be tolled because i was under age at the time of crime and then i need to have attorney to bring along the orders of removal and file claim against nassau county police and those suspects
and it suppose to go to biger claim court because i still havae the stiches there were three layers of stitches because the injury is deep and the only top layer was pulled and doctor mentioned i have to live with 2 inside of my head
i don't know if you aware but uscis is offering victims of such crimes to come forwrad and cooperate with laws and its been ever since 2007 but i just came to find that out but now in order for me to proceed with the case i need an attorney to have this case to be brought before the judges then they will issue a certification form for me to appear in court . and sir my story on this case is real and no lies involved what so ever infect i care less about bieng in united states then bringing these individuals to justice for the injury that i am still suffering from .
the statute of limitations is tolled until you are 18, in this case. it is then either one year and ninety days or 3 years from your 18th birthday, depending upon who the defendant is. if it is a government agency or department, like the police department, you would have to have filed a Notice Of Claim within ninety days of the date the toll expired, I.e. your 18th birthday. the sol for any tort claim not against a government agency or department, ran in the year 2000, I'm sorry to say. it sounds like you were beaten up pretty badly by NCPD. I'm sorry there is no remedy.
i was detained for not having status in u-s durring the month of june of 1997 and then i was ordered removed from u-s in feb of 1998 while the statute of this case was still in but legaly i was not able to have this case to be brought front of judge and if we look at the statute with toll i had till 2004 because it hapend when i was underage and the only parent i had there was my father who died few months after this injury took place .
ii would be thankful to some one who can find me good attorney who can handle such case i have all the evidence that we need some eis on the record and if we also subpoena to reach the recordings of the calls that were made from that precinct we will have that on the record as well .
I believe your story is real. unfortunately ICE (formerly uscis) does not have the power to revive a cause of action after the statute of limitations has expired. further, that 90 day notice of claim provision is a "hard" deadline.
as i was told by some one from civil supreme court that if any of the parties are legaly obligated to file claims then we can submit the proof of obligations and ones the claim is filed then we will be able to have the u visa certification form filled by either a judge or court clerk and we need to ask judge to have the proceeding to take place one year after because it takes one year for uscis to issue such visa . and if the statute of limitations were expired for me being obligated under any u-s federal law then it is an exception . this is what i was told by court clerk in civil supreme court ?
I have trouble following this last post. however, there is no way to restore a statute of limitations. further, there is no toll for being expelled from the country. there is no connection between a visa and reviving a case where the sol has run. also, civil court and Supreme Court are two different courts.
sir are you really a attorney for bigger claims you have to go to supreme court instead of small courts i hoe you know that because i am on way to file a claim regardless of your thoughts and when i will be on the way to the court i'l remember your words lol never mind you might not have as much of knowledge like i do after going over law books please do
okay according to a law under civil court if any of the parties are obligated by any united states law to come forward within the statute of limitations it can be brought after being eligible .in my case since they recently start to offering U visa reliefe for victims i should be eligible to come forward
I'll say it one last time: you have no way to bring a case in any court because the statute of limitations for any possible action you might have that arises from these facts HAS EXPIRED. you can't bring a case in Civil Court, you can't bring a case in state Supreme Court, and you can't bring a case in small claims court. you can't bring this case in any US court. I wish you luck, but you are doing what my grandmother used to call "schlug kapf en vant," or banging your head against the wall. you came to Avvo for expert advice. you are getting it. if you want to reject it, that's your prerogative.