janadeen

Noorah - I think the OP says at the strat that they HAVE an atty. That's the part I don't get.

meauxna

The part I don't get is why they want a Green Card at all if their moving to the UK.
Unless it's to get his overstay problem solved first.

Sounds like it's going to be a case of priorities. Deal with that now and miss out with mum or go to mum and deal with the overstay if/when they want to move back to the US.

scrubbedexpat099

That would make sense. My assumption, let's see.

Noorah101

You're right! And surprising that the attorney didn't alert them to the dangers of using AP and incurring the ban...

Rene

Mrs . D

On Wed, 10 May 2006 16:34:47 +0000, janadeen <[email protected]>
wrote:

    >> 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
    >Noorah - I think the OP says at the strat that they HAVE an atty.
    >That's the part I don't get.

We have a very cheap attorney who does not know much about the odd
things that happen. At this point we have limted money. We are facing
thousands just to move.

again Thanks all :) you are the best......

The atty has a one track mind and does not know much about this ban
or how to get it lifted.

rcochran

Mrs. D wrote:
    > 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.

Read up on INA 212 (a) (9) (B), titled 'ALIENS UNLAWFULLY PRESENT' You
can find it here

http://www.uscis.gov/graphics/lawsregs/INA.htm

The short story is that if he was unlawfully present for more than a
year, he is inadmissible for ten years following his departure from the
US. However, subparagraph (v) authorizes a waiver for the ban.
Quoting:

The Attorney General has sole discretion to waive clause (i) in the
case of an immigrant who is the spouse or son or daughter of a United
States citizen or of an alien lawfully admitted for permanent
residence, if it is established to the satisfaction of the Attorney
General that the refusal of admission to such immigrant alien would
result in extreme hardship to the citizen or lawfully resident spouse
or parent of such alien. No court shall have jurisdiction to review a
decision or action by the Attorney General regarding a waiver under
this clause.

To get a waiver, you must prove that it would be an "extreme hardship"
on you, the US citizen, if the waiver were not granted. "Extreme
hardship" isn't well defined, but it's usually taken to mean more than
the ordinary hardship that would be expected when one's spouse is
banned from the US. Hardship to him doesn't matter. Usually, you've
got to prove it would be impossible for you to live with him in his
country. If, during the time you're waiting for the visa and waiver,
you actually live with him in his country, that may not help your case.
Note that they've got a lot of discretion here, and you don't have a
lot of power to appeal things if they decide against you.

See immigrate2us.net and look for their I-212 waiver forum for more
info.

You're well advised to seek a very good attorney to guide you through
the minefield.

Expect to spend 1-3 years apart while going through the process. You
must first apply for a visa, then have that visa denied due to the ban,
and finally apply for the hardship waiver of the ban.

Elvira

My tuppence, if I may:

Rather than paying good money paying for "a very cheap attorney who does not know much about the odd things that happen", DYOR and THEN consult a competent immigration attorney - having thoroughly quizzed him on the phone beforehand as to his knowledge of bans due to overstays and waivers for British citizens via the US Embassy in London.

You will probably end up spending less because you will have some idea of what you are up against, you will know some of the questions that you need to ask, and you'll have a better idea of whether the answers you are given make sense.

I would also strongly recommend that you register both here at British Expats and at the UK Yankees forum. I understand visajourney is another useful source. All of them are useful sources of information. And of course don't forget www.uscis.gov

All the best

meauxna

Great link and info!

If they are planning on living in the UK, the separation should not be an issue. When they want to return to the US, they should start their filings early enough to avoid the separation.

Elvira

Mo - thought you might be interested to know - she has now posted the same original question in the USA forum (but under a different name...)

Toontje

Maybe that is because "US Marriage Based Visas" is accessible through usenet and "US Lifestyle & Culture" isn't? Did you notice that the OP in THIS thread isn't a member of BE?

CalifDreaming

HI Guys,

Sorry, I posted on two places on the internet today. One is here which i thought was a web page and the other was in my program called Agent (newsgroup reader) and in my lack of know I had NO clue it was the same!

I had to use Califdreaming as a sign in name. Im the same person with the creepy problem and about to move to the UK for 10 years

Sorry about my posts in a few places. I had no clue you were a newsgroup.

MrsD
Califdreaming

rcochran

meauxna wrote:

    > If they are planning on living in the UK, the separation should not be
    > an issue. When they want to return to the US, they should start their
    > filings early enough to avoid the separation.

True, but if they are planning to live together in the UK, then the
fact
that they lived together in the UK could be seen as evidence that it
is possible for them to live together in the UK without suffering
extreme
hardship.

The usual route to proving extreme hardship to the US Citizen means
showing that the couple wants to live together, and that it would be an
extreme hardship for the US Citizen to live in the foreigner's country.

meauxna

I'm aware of that, but I don't think she's going to give up going to the UK.


Of course, it's all a mystery. Doesn't seem like we'll get our questions answered.

CalifDreaming

Yes, we will be living in the Uk. He is a only child and needs to care for his mum who is very sick and 81 years old. I have 2 grown children in America and would like to be able to travel to see them with my husband if possible and he also works in IT and may need to travel for a job. A ban would be doable but not really very nice. Plus. Once the kids grow up and have babies etc (if they do) then we may want to move back to America.

Plus. My parents are nearing 70 in America and may need my help.

Thanks again for giving me your time when im a stranger.

Ms D

meauxna

hi Ms D
Just want to make sure you are clear on those choices---and you should speak to your lawyer (or a better one if this one doesn't seem to know) to make sure this is your issue, and these are your choices.:
Leave now and he can't come back for 10 years?
Wait for the Green Card to pave the way for your future?

I don't think you can have the outcome you want, so some prioritizing is going to have to happen.

Hey, we're all strangers looking out for each other. Good luck with it all