Legal Question in Immigration Law in California

legal documents thrown away by someone other than myself

I am 19 years old. I I left my legal documents at my mom's house because she held all of them without realizing how important they were( birth certificate, green card, passport, and all others). I'v been asking for it for two years now. I've neglected calling the police because I didnt want to make it a bigger mess. Now that I need all those important documents, I dont have any of them. I cant get a social security card. It's going to take a long while to get a passport, and I cant get a job. Can she get in trouble for that? Is there anything I can do? I Know she has them and hiding them but she said that its all gone and she threw it away.


Asked on 1/14/09, 12:49 pm

3 Answers from Attorneys

Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: legal documents thrown away by someone other than myself

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Answered on 1/17/09, 3:47 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: legal documents thrown away by someone other than myself

No offense, but your mother is out of line. No matter what your relationship, she doesn't have the right to withhold your personal documents. You can get replacements of all, starting with the birth certificate from the registrar of the place of your birth. Contact your local consulate for information about replacing your birth certificate and your passport. You can also call directly to the registrar where you were born for that certificate and either the U.S. post office if you're a U.S. citizen or your local consulate to replace your passport. You will need proof of legal status

for SS card, like working visa. Your birth certificate and passport obviously help if you're a U.S. citizen. Sorry I am not assuming your nationality as you don't mention that you're a foreign national in your post.

You could take your mom to court for lost wages or possibly even support for putting you in this situation and also the emotional distress caused. As you probably won't have a claim against your mom for over $15,000, then you could go to small claims court for some money.

Feel free to contact me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice Yardum-Hunter

Attorney at Law

Certified Specialist, Immigration & Nationality Law

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Answered on 1/14/09, 2:45 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: legal documents thrown away by someone other than myself

Now, why would your mother do something like that? You are saying she held them without realizing how important they were, but maybe she does realize it and is afraid you would lose those documents. Let's start with teaching you how to obtain your own copies of your own documents.

Birth certificate - write a letter to your country's office of birth and death records with your name, date of birth, names of parents, and any other details you know about your birth. Ask them to send you a copy of your birth certificate, or advise you how to get a copy. Number two: your green card. File the form I-90 and get a duplicate card. Simply state on your application that your card is "lost." (Unless you want to reveal that your card may be stolen by your mother.) Three, passport. You can go to your own country's embassy in the United States and request another passport if you have had one in the past. You can advise also that you lost it with your other papers. Lastly, yes, your mother can get in trouble for holding your passport because it is neither your property nor hers, but the property of the country that issued it. She can get in trouble for holding your green card because you are required to carry that card with you at all times. Don't let this keep you from getting things on your own. You are 19. Get moving! Take care and good luck!

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Answered on 1/14/09, 8:51 pm


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