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Son visiting UK whilst applying for Visa

Son visiting UK whilst applying for Visa

Old Nov 26th 2008, 7:22 pm
  #61  
 
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Tracym

Just wondering - since it appears a New York attorney says it's legit.
While an IR may be an IR may be an IR, I don't think all attorneys are created equal. I've seen a lot of them approach this as a legit way to do things. But it's always with a wink/nod. I suppose some of them could become confused enough to recommend it in writing where it's going to appear in court. Or maybe the client didn't tell the attorney where the letter was going. Or maybe we have been misled here by the lawyers who repeatedly say it's wrong.
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Old Nov 26th 2008, 7:25 pm
  #62  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by ;7013041
Hi whats an AP?
AP = Advance Parole. When an alien who is inside the USA applies to adjust status to permanent resident, part of the package filed includes form I-131, for an Advance Parole document.

AP is valid for 1 year, multiple entries, and allows the alien to visit outside the USA and return to the USA while the adjustment process is ongoing.

Worst case scenario, your ex actually carries his plan through (illegally, but it happens)....but your son can still visit you in the meantime using AP. Including the I-131 form for AP is optional, though, so if this actually happens, I don't know how you'd enforce the filing of the I-131 along with all the other required paperwork. If they do NOT file for AP, and your son leaves the USA while the adjustment process is going on, it will be considered abandoned, and your son won't be able to return to the USA to continue the adjustment process. Hmmmm...that's not such a bad thing for you, is it.

Best case scenario, you fight and win the argument that your ex is doing his son's immigration process illegally, you don't give permission for your son to leave the UK, and your son stays put with you.

Rene

Last edited by Rete; Nov 27th 2008 at 11:52 pm.
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Old Nov 26th 2008, 7:32 pm
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Noorah101
AP = Advance Parole. When an alien who is inside the USA applies to adjust status to permanent resident, part of the package filed includes form I-131, for an Advance Parole document.
It will also take 2 to 3 months from applying, to receive this document. He will be landlocked until he has it (unless he's not planning on going back to the US).

Last edited by meauxna; Nov 26th 2008 at 7:42 pm.
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Old Nov 26th 2008, 7:37 pm
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Default Re: Son visiting UK whilst applying for Visa

Do you have a family lawyer working on this residency agreement for you?
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Old Nov 26th 2008, 7:37 pm
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by meauxna
While an IR may be an IR may be an IR, I don't think all attorneys are created equal. I've seen a lot of them approach this as a legit way to do things. But it's always with a wink/nod. I suppose some of them could become confused enough to recommend it in writing where it's going to appear in court. Or maybe the client didn't tell the attorney where the letter was going. Or maybe we have been misled here by the lawyers who repeatedly say it's wrong.
Also remember that this attorney is not subject to the jurisdiction of UK courts unless he is intending to fly to the UK to be cross-examined on his "evidence". That effectively makes it "hearsay" and one would hope that a UK court would be hesitant to take it at face value, especially if objected to by the other side.
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Old Nov 26th 2008, 7:38 pm
  #66  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Elvira
No, she was a young Brit who, with one of her daughters 'moved' to the US to be with her USC husband - on the VWP. She lived on an army base ('Kissimet' or something?), and her husband was deployed to Iraq. She initially posted because her daughter was refused school attendance because she was not 'resident'. She then tried to bring her other daughter to the US, also using the VWP Express. It was a VERY long thread, I seem to remember. Wish I could remember her name though...
Is it this one? http://britishexpats.com/forum/showthread.php?t=526808
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Old Nov 26th 2008, 7:44 pm
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by English Muffin
Sure is, Sherlock!
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Old Nov 26th 2008, 7:49 pm
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Elvira
Sure is, Sherlock!
Better searcher than me obviously

OK, sounds like there is no difference for kids, you all are right and my wonderings were wrong.

Very odd that the NY attorney would write that... hmmm...
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Old Nov 26th 2008, 7:52 pm
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Tracym
Very odd that the NY attorney would write that... hmmm...
They didn't say there were an immigration attorney I don't think. They could just be something like a divorce attorney that is used to handling custody cases with absolutely no idea about immigration.
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Old Nov 26th 2008, 7:53 pm
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Duncan Roberts
They didn't say there were an immigration attorney I don't think. They could just be something like a divorce attorney that is used to handling custody cases with absolutely no idea about immigration.
True, that is possible.
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Old Nov 26th 2008, 7:59 pm
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Duncan Roberts
They didn't say there were an immigration attorney I don't think. They could just be something like a divorce attorney that is used to handling custody cases with absolutely no idea about immigration.
Attorney is Fragomen who say they do specialise in immigration
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Old Nov 26th 2008, 8:01 pm
  #72  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by e
Attorney is Fragomen who say they do specialise in immigration
That's who my company uses for our H1B new hires. I assume they do family-based immigration as well.

Rene

Last edited by Rete; Nov 27th 2008 at 11:52 pm.
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Old Nov 26th 2008, 8:06 pm
  #73  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by ;7012819
My ex has supplied the following info in his statement to the court on a headed letter from an attorney in New York : 1. As a UK citizen, C will be able to enter the US under the VWP.
2. Upon entry to the US, your wife may file an I-130 Immigrant Petition for C as her stepchild. The application will process in approx 12-18 mths and you, your wife and your son may need to attend an interview with USCIS in New York.
Once the petition is filed, C will be able to legally stay in US and attend school.
What's odd about this blurb to me is that at first it sounds like they intend to describe the correct Immigrant Visa route (your wife may file the I-130 for the stepchild) and (process may take 12 - 18 months). Only the 1-130 is mentioned here, making it sound like an Immigrant Visa case.

Up until the part where they say (you may need to attend an interview in NY) and (once the petition is filed, the stepson can remain in the USA)....that part sounds like AOS.

Rene

Last edited by Rete; Nov 27th 2008 at 11:53 pm.
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Old Nov 26th 2008, 8:10 pm
  #74  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by 7013196
Attorney is Fragomen who say they do specialise in immigration
That is a very highly respected firm. Even Mr. F (attorney on this forum) says so.

Very interesting.

Last edited by Rete; Nov 27th 2008 at 11:53 pm.
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Old Nov 26th 2008, 8:12 pm
  #75  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Tracym
That is a very highly respected firm. Even Mr. F (attorney on this forum) says so.

Very interesting.
Indeed.

However, it does not change the legal situation which - if what the legal eagles on this board have been telling us all along is anything to go by - states that the proposed means of getting the son to the US is illegal.

I would be interested to know what the father plans to tell the officer at the POE regarding the purpose of the son's *visit*...
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