NC - Zahra Clare Baker, 10, Hickory, 9 Oct 2010 - #13

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  • #61
Even if one is married to a US citizen, if one has had a drug conviction elsewhere, one can never be legal here. I really wonder if AB had a conviction of some kind in OZ.

Do you know if that would be a block to a tourist visa as well?
 
  • #62
BBM

I don't agree that she qualified for SSI. It's possible but not a sure thing. You aren't considered disabled if your disabilities are improved by treatment; hearing aides and prostheses. We don't know how severe the hearing loss was. We do know that she could walk on her leg, as we've heard testimony about EB making her walk. We've also heard reports that her cancer was in remission.

I posted the SSI information the other day.

As a child she IS considered disabled, the fact that she could walk doesn't matter (She is missing a limb)- and really neither does the degree of Hearing loss, the loss is enough to need a hearing aide.
Her eligibility for SSI once she turned 18 could change but as a child she is absolutely considered disabled for SSI purposes.

(I have a deaf daughter and dealt with SSI for years)
 
  • #63
The funeral home and the medical examiner/coroner notifies SSA of deaths. At least in NC they do.

Agh! I feel like I'm talking too much! It's just so exciting to talk about something I know about on here. I'm usually the one who has no idea what's going on, lol.

thank you for sharing your expertise on a dinosaur of a system. I appreciate it. :blowkiss:
 
  • #64
This is what I've been thinking. Travel between the U.S. and Australia is almost as easy, as traveling between each state.

The visa waiver gives you 90 days.

I've mentioned before on these forums about my previous job with a lot of shady individuals and I saw first hand just how easily the visitor waiver can be abused.

Gosh, the first time I went to Australia, prior to Sept. 11 the day I purchased the airline ticket, the ETA (Electronic Travel Authority) was initiated, just before arrival the flight attendants passed out a form and all I remember about it, was having to sign my name and date it.

The last the time I went, after the Sept 11, the only difference from prior trips, I had to pay a processing fee.

You still need a passport, though, even with a visa. We had work permits and resident visas when we lived in Egypt, yet they were worthless without showing our passport as well. Since 9/11, even passports are needed if traveling to The Bahamas, which did not previously require one.

ETA: I'm not sure if you were saying that a visa eliminated the need to show a passport or not... So sorry if I misinterpreted what you were saying!
 
  • #65
Eb and AB are married, that allows AB and Zahra to enter the country- taht makes AB is eligible to work here which be default means he got a SS#.

This is indeed the way it should work; but it doesn't. Because they married in Oz, there would have been a ridiculously long stupid process to apply to bring AB and Zahra over here. It should be automatic, you are right, but it is not.
 
  • #66
I posted the SSI information the other day.

As a child she IS considered disabled, the fact that she could walk doesn't matter (She is missing a limb)- and really neither does the degree of Hearing loss, the loss is enough to need a hearing aide.
Her eligibility for SSI once she turned 18 could change but as a child she is absolutely considered disabled for SSI purposes.

(I have a deaf daughter and dealt with SSI for years)

I'm sorry but this is just not true. This is something I know about, inside and out.

eta: To clarify, I don't mean that your daughter being on SSI is not true. I believe you and presume that her hearing loss is at a level that qualifies her for SSI. Having hearing loss does not automatically qualify you. It has to be of a specified severity and not improved by hearing aides.
 
  • #67
We don't know how, when or how often grandma in Oz was phoning here.

I said last night that EB and AB didn't have to report her missing. They could have simply told people around them that they sent her back to Australia to grandma and nobody would have been the wiser.

For them to report her missing - they had to be afraid of someone "nosing around". Who would they have been afraid of? Only one I can think of is grandma. You can't tell HER - 'oh we sent her back to Australia'.

I would like to know if she was calling or had even spoken to either AB or Zahra and how recently.

LE have spoken with Grandma and apparently she can't verify whether Zahra ever made the move to Hickory either. So we might be able to assume that she had not spoken with her in the six weeks prior to her disappearance.

MOO
 
  • #68
In answer to Pinkpuddytat's question,
It used to be that you got a shorter tourist visa, but I am unsure if that is still the case. I am certain of the drug conviction info re permanent resident status, however.
 
  • #69
I just doubt he had a green card; I think he and Zahra came over on a visitor's visa and simply never left. I bet he was working under the table. If he were working as a contractor, then his employer might not have responsibility for checking his legal status.

I keep arriving back at this possibility also. I just can't flick the feeling that AB is facing some Visa issues also.

My former sister-in-law married a French guy about 10 years ago. He was already in Australia and wanted to stay ... this was an arranged marriage for him to be granted citizenship (yes, so wrong :furious:). I clearly remember the lengthy process, it was over two years. They had to have the same residential address, immigration officials would visit announced to confirm the were living together periodically and they had to establish a joint bank account. I suspect SM was not and could not gain permanent residency here - the time frame just doesn't work going on the memory of my SIL's experience. I wonder if they were unsuccessful in their application for Aus citizenship and were forced to move to the US? My understanding is it's difficult to be granted permanent residency in the US also.

Basically, the possibility of Visa issues just compounds the many other pressures these two were under - illegal activities, drugs, eviction etc. Poor little Zahra was an unfortunate victim of their dysfunctional lifestyle.
 
  • #70
You are correct with everything except--(Zahra is a legal alien, disabled and a child- that makes her eligible for SSI and Medicaid).
All of this does not make her eligible for SSI and Medicaid automatically comes with SSI.
SSI has strict eligibilaty rules. Unless you know she collected then I dont know if we can even determine Z is eligible for it. Do you know if she was?

http://www.ssa.gov/ssi/text-eligibility-ussi.htm

WHAT DOES "DISABLED" MEAN FOR A CHILD?

An individual under age 18 is "disabled" if he or she has a medically determinable physical or mental impairment, which:
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results in marked and severe functional limitations; and
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can be expected to result in death; or
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has lasted or can be expected to last for a continuous period of not less than 12 months. If the individual is age 18 or older, the adult definition of disability explained below applies.

I don't know if she was enrolled and collecting but it is extremely safe to say she WAS eligible.
 
  • #71
I'm sorry but this is just not true. This is something I know about, inside and out.

Could Zahra collect disability? TIA
 
  • #72
Could Zahra collect disability? TIA

If they were here legally and she met the criteria. I'll see if I can pull up the SSA website to get you some references for the criteria for disability related to hearing and limb loss.
 
  • #73
Eb and AB are married, that allows AB and Zahra to enter the country- taht makes AB is eligible to work here which be default means he got a SS#.

Zahra is a legal alien, disabled and a child- that makes her eligible for SSI and Medicaid.
SSI payments for a child with a disability are dependent on family income.

So they didn't need to fake anything to get aide they already qualify
.

Now addressing the whole the whole idea there was a plan to go away and come back without Zahra is ridiculous- the fact that there was a verified sighting of Zahra and those witnesses have said she was clean and happy tells me they were not locking her up in the attic and starving her. Nor where they hiding the fact that she existed.

this case is horrifying as it is I honestly don't think we need to add fiction to make things worse.

BBM
I have been trying to figure this out all day I thought it was a federal thing not a state mandated subject just wasnt sure. THANKS With this info Zahra WOULD have been getting a monthly check and FREE MEDICAL care.

Maybe in a drug stuper EB or AB still thought the 2 legal aliens needed an american passport to get more US benifits.

I was born and raised a US citizen and had no idea never having to deal with it. Maybe they had someone with MY unknowledge telling them thy needed it and believed it.I know im reaching just trying to make some semblance of sense out of how they think.
 
  • #74
The funeral home and the medical examiner/coroner notifies SSA of deaths. At least in NC they do.

Agh! I feel like I'm talking too much! It's just so exciting to talk about something I know about on here. I'm usually the one who has no idea what's going on, lol.

BBM

That's why this place works! Combined we have a wealth of knowledge between us, tonight, it's your turn. And I Thank - You.
 
  • #75
Right from the Gov site.

WHAT DOES "DISABLED" MEAN FOR A CHILD?
An individual under age 18 is "disabled" if he or she has a medically determinable physical or mental impairment, which:


results in marked and severe functional limitations; and

can be expected to result in death; or

has lasted or can be expected to last for a continuous period of not less than 12 months.


If the individual is age 18 or older, the adult definition of disability explained below applies.
 
  • #76
If AB was working as a landscaper, he could`ve been working from dawn to dark. He could`ve arrived home after she was in bed and just ate a quick dinner, had a shower & then fell into bed exhausted. This can go on for days at a time (I know from personal experience).

I don`t know where half the people in my family are much of the time. It`s difficult to keep up with everyone`s busy daily routines. Granted, I`d probably keep a closer eye on a 10 year-old child if I had one but if I were working 14-hour days and relying on my spouse to take of that child, I could easily see how a couple of days could go by without my seeing her - especially if I assume she`s in bed & don`t want to disturb her.

Don`t throw tomatoes - I`m just sayin`.
 
  • #77
This is indeed the way it should work; but it doesn't. Because they married in Oz, there would have been a ridiculously long stupid process to apply to bring AB and Zahra over here. It should be automatic, you are right, but it is not.

And I believe they married in Oz because the intent was for them to live there. Might it be possible that AB and Zahra are both in the US on an expired visitor's visa?

On the search warrant it stated that they took 3 passports with paperwork. What kind of paperwork would one have tucked into passports?

MOO
 
  • #78
BBM
I have been trying to figure this out all day I thought it was a federal thing not a state mandated subject just wasnt sure. THANKS With this info Zahra WOULD have been getting a monthly check and FREE MEDICAL care.

Maybe in a drug stuper EB or AB still thought the 2 legal aliens needed an american passport to get more US benifits.

I was born and raised a US citizen and had no idea never having to deal with it. Maybe they had someone with MY unknowledge telling them thy needed it and believed it.I know im reaching just trying to make some semblance of sense out of how they think.

Social Security Disability and Supplemental Security Income (SSI) are both federal programs but processed by the states. All states follow the same federal guidelines.
 
  • #79
Do you know if that would be a block to a tourist visa as well?

It should. I've read newspaper reports of old ladies looking forward to their big, much looked forward to US holiday, only to have their visa denied becasue they have the same name as an "undesirable" (ie, prior convictions in Aus). So I imagine AB doesn't have a record,especially as it's become must stricter since 9/11.
 
  • #80
I'm sorry but this is just not true. This is something I know about, inside and out.

eta: To clarify, I don't mean that your daughter being on SSI is not true. I believe you and presume that her hearing loss is at a level that qualifies her for SSI. Having hearing loss does not automatically qualify you. It has to be of a specified severity and not improved by hearing aides.

I posted the requirements for a child to be considered disabled- you are more than welcome to think I am wrong but the Social Security information given on their web sight is not wrong.
 
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