Mrs . D

I am an American citizen and living in America with my husband who is
a British Citizen. He is applying for his green card (we are on a
fiance visa and he is now out of status for some years).

Our emergency is that his mum is very critically ill in the UK and we
are planning a move back to live and take care of her.

Time is not on our side. Our lawyer wants us to remain here six months
in order to complete all this paperwork and the green card. We do not
have six months. We must leave in a few weeks.

I know he could face a 10 year ban from the US. We are going to apply
for advance parole to leave the US.

Does anyone have information on this?

How long can it take to get the green card under an emergency such as
this?

This will be out of San Francisco office.

Thanks So much,

Mrs. D

Noorah101

Hi Mrs D.,

The news isn't good:

You can't apply for and receive AP unless you have also submitted the I-485 for AOS. Since he's been out of status for several years now, even with AP he will incur the ban once he leaves the USA.

As far as I know, there is no "emergency green card". Everyone goes through the same channels, emergency or not. He should have applied for the green card when he was eligible, just after you got married on the K-1 visa.

Mrs. D[/QUOTE]

Rete

If your husband leaves before getting a green card he is SOL. A/P cannot be used by him because he is in out of status for years. Just curious how "We are on a fiancee visa" fits in here. You are a USC ... you probably meant he entered with a fiancee visa and he didn't bother to file for adjustment of status, work permit, etc. Sorry but his inability to follow the law has placed him this position. Since you are going to be living with him in the UK, at least you can be together.

Rete

BTW there is no such animal as an emergency green card.

Noorah101

Just thought I'd point out that if he's been out of status for some years now, he is no longer on a fiance visa, but is actually here illegally, with no status. You say he is applying for his green card. What steps have you taken so far with this? Have you submitted the I-485 for AOS yet?

I'm sorry to hear about his mom. You have my sympathies. If you are planning a "move" back to the UK, then him obtaining his green card is moot anyway. A PR must reside in the USA to keep PR status. Or, at least, have a certain amount of time spent in the USA. If the plan is to move back to the UK, don't bother getting the green card.

Unfortunately, the 6 months he's quoting you is already pretty fast! That's how long it takes to file the AOS paperwork and get an interview for the green card. There's nothing that can speed that process up....*especially* speed it up into a few weeks!

Best Wishes,
Rene

Bob

AP won't help, because if your up for a ban, it won't help you get back in....and there's not really any such thing as an emergency greencard I'm afraid.

Elvira

This is a tough choice. Your husband basically has the choice of spending the next 10 years (at least) outside of the US, or never seeing his mother again.

I don't know how well you know the UK, but the UK Yankees forum is a good place to get an idea what a move might entail for you. There seem to quite a lot of USCs who are happy living in the UK.

All the best.

FlyergirlUK

I hope that you realise that if you intend to live in the UK permanently, you, as a USC, will require a visa, (settlement).

Fortunately, this is a much easier process to get and so much quicker, (my Hubby got his passport back with his visa a mere five days after submitting the relevant paperwork - this was through the NY Consulate).

Go to britainusa.com for details of what you need and where to file.

scrubbedexpat099

The GC is irrelevant if you moving back, as others have said.

There is a waiver for a 10 year ban, and London has a high success rate.

Current proposed legislation may remove the ban anyway.

janadeen

I know this might sound odd but - you say you have an atty. Is he an IMMIGRATION atty?

If so, are you saying he didn't explain all of these scenarios (all the replies here) to you?????

If not, mite want to shop around for another atty!

Hypertweeky

Let's hope for the best as far as the ban goes.. London does have a high success rate!
DCF could very well be the answer!
Good luck to the Op!!

Mrs . D

On Wed, 10 May 2006 00:41:31 +0000, Boiler
<member22431@british_expats.com> wrote:


    >The GC is irrelevant if you moving back, as others have said.
    >There is a waiver for a 10 year ban, and London has a high success rate.
    >Current proposed legislation may remove the ban anyway.


First: Thank you all for your posts and help. What a nice group of
people you have here!

A few of you gave me a glimmer of hope that maybe, just maybe we can
somehow get the ban lifted once we are living in the UK. What is this
waiver?

I did a search on yahoo / google and found nuthing. I searched for
anyone that had this ban or information on the ban.


Once we are banned what can we do?

We do not even care of they ban him from a green card for 10 years. We
just do not want him banned from even visiting the US. We have grown
children / parents here in California.

Hugs to you all,

Mrs. D (Lynn)

Noorah101

This is the time to have a consultation with an immigration attorney who can explain everything in detail. I's rare to find someone on a forum who left the USA, got banned, filed a waiver, and came back to tell about it. I haven't seen any posts like that in the 3 years I've been on here.

Definitely best bet is at least a 1-time consultation with an attorney to see what your options and chances are.

Best Wishes,
Rene

Noorah101

Just for the record, the ban has nothing to do with his green card eligibility. It has everything to do with him returning to the USA *at all*. So it's important to get the information you need from a reliable, legal source.

Rene

scrubbedexpat099

www.immigrate2us.net - I-601 Forum. This is a waiver for immigration purposes.

There is also a waiver for a B2 visitors visa, that would be quite hard to get.

He has a ban from enetering the US for 10 years,