Legal Question in Immigration Law in New York

I am an illegal immigrant living in New York and 7 years ago a distant family member (who had her green card) approached me and asked me to borrow $75,000 to invest in a house. She made an agreement with me and claimed that she would buy a house, remodel it and sell it after a few years and repay us the money she borrowed and some of the money she would get from investing it. Following her word, she bought a house in Philadelphia worth 270,000, remodeled it and 2 years later got an offer from someone to buy it. Contrary to what she said, she failed to sell it saying that the house would go up even more but eventually due to the combination of the recession, the bursting of the housing bubble and her inability to pay the mortgage, the house was short-soled. Before the house got short-soled, she bought another house in New York and asked us to move in. We lived there for a few years and one day we got a foreclosure letter on our front door telling us to move out in 2 days. The house in New York also got short-soled and we got 30,000 for it.

I have been contacting her consistently because my children are going to college and she always denies the fact that she has to pay us. She occasionally sends 1000 dollars here and there but every time I ask her when she will pay us in full, she never responds and says that she doesn't have to. I have been trying to get the money back for almost 4 years now and because now my children are going to college, I am desperate for the money.

My question is, will this case hold in court for violation of an oral contract? Most importantly, because I am an illegal immigrant, will the court hear my case and if they do, will they deport me? What can I do in this circumstance? Any suggestions or advice would be greatly appreciated. Thank you so much.


Asked on 6/06/11, 7:10 pm

2 Answers from Attorneys
S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

The fact that you are here illegally in the United States should never come up. The Civil Courts where these matters are heard do not in any way shape or form get involved with immigration issues; nor do court personnel generally care nor get involved in those issues. Generally, you should not be intimidated by your legal status. You should hire an attorney immediately who believes in your cause and can assist you in prosecuting your civil claim. Good luck to you.

Read more
Answered on 6/06/11, 9:36 pm
EMMANUEL POKU THE LAW OFFICE OF EMMANUEL POKU

Yes, oral contract is enforceable in Civil Court. There is nothing to fear about your illigal immigration status in making your claim. Go ahead and get yourself a good lawyer to make your claim. Good luck.

Read more
Answered on 6/07/11, 5:49 am


Related Questions & Answers

More Immigration Law questions and answers in New York