Casework FAQ
FAQ TOPICS:
- Immigration / Visas
- Military
- Court Matters
- IRS / Taxes
- Unemployment
- Labor
- Equal Employment Opportunity Commission (EEOC)
- Federal Employment
Q: My relative/friend was refused a visitor visa at a U.S. Embassy/Consulate. Can the senator help me?
A: While I do not have the authority to overturn a decision made by the consular officer, I can certainly ask the Embassy/Consulate to review this matter and explain why it made this decision. In addition, I will be happy to provide a letter of support should your relative/friend choose to reapply.
Q: Can you expedite my application (permanent residency / travel document / work authorization / naturalization) with U.S. Citizenship and Immigration Services?
A: All expedite requests are reviewed on a case-by-case basis and are granted at the discretion of the director of USCIS. The USCIS Expedite Criteria can be found on the U.S. Citizenship and Immigration Services web site. Processing times can be found on the Case Status Service Online web page at the USCIS web site.
Q: My relative/friend has received a deportation order. Can you intervene?
A: Due to the separation of powers, I am unable to intervene in court matters. If your relative/friend has been ordered deported by an immigration judge, they should consult with an immigration attorney.
Q. How do I get help obtaining military medals and military files?
A. See the Casework page.
Q. What type of assistance can you provide during my court martial?
A. As a member of the legislative branch, I am precluded by law from becoming actively involved in judicial matters. I may concern myself with due process by ensuring my constituents right to representation, but may not attempt to exert influence on the conduct of a trial or subsequent appeals. I would encourage you to work closely with your military attorney, who is most familiar with the particulars of your case and is in the best position to assist you.
Q. Who should I contact so that my son or daughter may return from deployment for a family emergency?
A. Please contact the Red Cross for assistance. The Red Cross is best prepared to send messages quickly to the service member. The information in the message will aid the commanding officer who has the sole authority in which to allow the service member to return home for the emergency. Active members and immediate family members can contact the Red Cross Armed Forces Emergency Service Center at 800-774-6066 or your local Red Cross office.
Q. Who should I contact if I am experiencing problems with my local Friend of the Court (FOC)?
A. You may wish to contact the State Court Administrative Office at 517-373-4835. This agency oversees the FOC and maybe able to address your concerns regarding the FOC's procedures and/or employees. You may also want to contact the Attorney Referral Service at 800-968-0738. An attorney would best be able to assist you with matters involving the court and the law.
Q. Who should I contact regarding my concerns with the custody or guardianship of my children?
A. Since determinations regarding child custody must be decided by a judge, I would encourage you to continue working with an attorney who is in the best position to provide legal advice. The State Bar's Michigan Lawyer Referral Service can be reached at 1-800-968-0738. If the child is in the custody of the state, you may also consider contacting the State of Michigan, Office of Children's Ombudsman, which is an independent government agency that is authorized to investigate complaints about children in Michigan's child welfare system. It can be reached at: 1-800-642-4326.
Q: What can I do if I have a complaint against my attorney?
If you believe your attorney has acted inappropriately, the State of Michigan Attorney Grievance Commission (AGC) is responsible for investigating complaints of misconduct and if disciplinary action is warranted. To get information about how to file a complaint against an attorney, go to the State of Michigan Attorney Grievance Commission web site.
Internal Revenue Service / Taxes
Q: What can I do if I have not received my federal income tax refund?
A: You may learn the status of your federal income tax refund by visiting the IRS website. You will need to provide your Social Security number, filing status, and the amount of refund in order to track the status of your refund. If your refund has already been sent and you have not received it, you will need to file IRS Form 3911 ("Taxpayer Statement Regarding Refund"). By completing this form and submitting it to the IRS, the agency will be able to trace your refund for you.
Q: What can I do if the IRS has denied my Earned Income Tax Credit claim?
A: Due to changes in IRS policy, the IRS may require additional information from you in order to allow your claim. This documentation, such as school records, medical bills, utility bills, rental agreements, rent receipts, property deeds, birth records, and Social Security cards, is used to verify that the child being claimed resides at the same address as the taxpayer claiming the credit. If you have been denied this credit, the IRS will provide you with a detailed list of the documentation needed in order for it to accept the claim.
Q: What can I do if my federal income tax refund has been withheld by the IRS for an outstanding debt owed to another agency?
A: Contact the agency where the outstanding debt exists. The IRS only withholds a refund when it has been ordered to do so by another agency.
Q: What if my refund was withheld by the IRS because of my spouse's outstanding debt?
A: You may obtain your portion of that refund by filing Form 8379 ("Injured Soused Claim and Allocation"). By completing this form and submitting it to the IRS, the agency will be able to separate your portion of the refund from your spouse's portion.
Q: What if I am unable to pay my federal income tax debt?
A: You may make monthly payments by entering into an installment agreement. You may also file an Offer In Compromise. It is very important to contact the IRS if you are unable to pay because such agreements may help you avoid paying costly penalties and interest.
Q: Can penalties and interest by abated?
A: Penalties can be abated if it can be proven that they were wrongfully assessed. By law, interest cannot be abated; however, the amount of interest owed can be reduced as a result of an abatement of tax or penalties.
Q: How long can the IRS collect a debt?
A: The IRS can collect a tax debt for ten years after the date the debt is assessed; however, that statute of limitations can be suspended if a taxpayer files for an Offer In Compromise, is engaged in litigation, or files for bankruptcy. There is no statute of limit for collections for a tax year where there is no return that was due and never filed. Also, if an income tax return is not filed for a year in which it is required, the IRS will make an assessment based on the payer information it received and can legally keep collecting until the balance is paid in full. The statute of limitation does not apply in this circumstance.
Q: What can I do if I am not receiving my unemployment benefits?
A: Contact your state senator or state representative in Lansing. Since unemployment compensation is administered by a state agency, your state senator and state representative can contact the Bureau of Workers' and Unemployment Compensation on your behalf to address this matter.
Q: What can I do if I feel that I have been wrongfully terminated?
A: Contact an attorney. Michigan is considered an "at-will" employment state. This means that an employee has the right to leave a job "at-will;" however, it also entitles an employer to terminate an employee "at-will." If you belong to a union, contact your union steward in order to file a grievance. Otherwise, an attorney is in the best position to assist you with this legal matter.
Q: What if my employer has paid me less than I am due?
A: The law requires an employer to pay the minimum wage for hours worked and overtime pay for eligible employees. Any amount of income between these two requirements is agreed to by the employer and the employee. Essentially, an employment contract establishes how much an employer will pay an employee for the amount of work that is to be done. If the employer does not satisfy the terms of this contract, the employee has the right to sue for these wages. An attorney would be in the best position to assist an employee who is not being paid correctly.
Equal Employment Opportunity Commission (EEOC)
Q: What can I do if the Equal Employment Opportunity Commission (EEOC) has dismissed my charge?
A: Contact an attorney. Once the EEOC has dismissed a charge, it will provide the charging party with a "Notice of Right to Sue." By law, you have up to 90 days to file a petition within federal court. If these 90 days expire and you have not filed a petition, you will have lost your right to a trial before the federal court. An attorney would be in the best position to assist you with such a legal matter.
Q: How can I find a job with the federal government?
A: The Office of Personnel Management maintains a database of all federal employment vacancies at USA JOBS. This site allows you to search all agencies for positions throughout the federal government, and you may submit applications online. You can find information on looking for a job on Capitol Hill here.
Q: Can Senator Levin help me get a job with the federal government?
A: Due to federal laws, Senator Levin cannot assist constituents in obtaining positions with the federal government.
FEDERAL AGENCIES
Federal agencies offer extensive information on their websites that may be useful to you. Among the most in demand are:
- FirstGov
- 4women.gov
- Agriculture Department
- Centers for Medicare and
Medicaid Services - Customs Service
- Dept of Education
- Equal Employment
Opportunity Commiss'n - Citizenship and
Immigration Services - Office of Personnel Management
- Office of Workers'
Compensation Program - Social Security Admin
- State Department
- Veterans Affairs
