British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Help me please!! (https://britishexpats.com/forum/marriage-based-visas-35/help-me-please-677016/)

bashy Jul 16th 2010 3:13 pm

Help me please!!
 
Hello people, Ok So I really need help. I moved to america on my own to live with my friend (whos american met her back in England, Im British) I am young and didnt really know any preceedures. I got myself a holiday visa which allows me to be here for 3 months I have until the end of Sept. However I want to stay here Im a hairdresser and I have found a salon to work in and I am working there currently, although my boss cant give me a work visa because hes hired me to work for him which is dodgy enough as it is, I got my certification in England but I havnt transfered my work here but he knows Im good enough and said you can work for me under the table Il pay you just cash. Ok so I love it here and dont want to go back, does anybody know of any options for me as I dont want to go home!!! Please help :(

Moonshadow_Girl Jul 16th 2010 3:24 pm

Re: Help me please!!
 
Stop working, go home in a timely manner, save some money, read this: Pulaski's Ways...

Now, pardon me while I grab some popcorn.

SarahG Jul 16th 2010 11:23 pm

Re: Help me please!!
 
What makes you think it is someone who has posted before?

This is a train wreck just waiting to happen.

Rete Jul 17th 2010 12:29 am

Re: Help me please!!
 
Unless you fit into any of the categories that are listed in Pulaski's Way, then the only other option for you is to marry your US Citizen "friend" if they are of the opposite sex, of course, and apply for adjustment of status.

Working under the table is not a good thing and is cause for you to be deported immediately from the US if discovered, the employer fined, and you might be banned from returning to the US for a period of time, if not permanently.

While you might be young, that is not an excuse not to follow the immigration laws. I'm pleased to see that you are now looking into the matter. Let's see if it is possible for you to emigrate to the US legally.

ian-mstm Jul 17th 2010 2:08 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8707524)
I love it here and dont want to go back

With respect, what you want doesn't enter into the equation. You entered the US as a visitor with, it seems, the intent to stay - clearly an abuse of the system, and illegal to boot. Further, you are working illegally.



... does anybody know of any options for me as I dont want to go home!
Again, with respect, what you want doesn't matter. Go home and seek a proper visa. Do it... before you complicate things more than they already are - perhaps beyond the point of being fixable.

Ian

scrubbedexpat099 Jul 17th 2010 2:40 am

Re: Help me please!!
 
Marriage

Awesome Welles Jul 17th 2010 3:11 am

Re: Help me please!!
 
Your'e not going to get much in the way of support/sympathy from a forum of folks who have emigrated "the right way" - i.e. lawfully and usually costly (financially, emotionally and logistically).
Other than by means already suggested, you will not be able to stay here without spending all of your time looking over your shoulder. Nor will you be able to drive, have health coverage, rent somewhere to live, obtain any form of credit or utility service that requires an I.D.
You can't even cut peoples hair without being licensed. What's going to happen when a punter sits in front of you and says, "Where are your credentials?" The owner of the business you refer to is clearly a moron and faces prosecution because of you. I guarantee you will be paid chicken shit, below minimums too.

That said, lots of people do what you are planning. I suspect most of them get pissed-off with the miserable and restricted life that they are forced to live here and either marry a USC or slope off back home - barred from re-entry.
It might all look shiny and exciting right now - but imagine how it's going to be if you were hospitalized because of an accident.

discoviking Jul 17th 2010 3:47 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8707524)
I got myself a holiday visa which allows me to be here for 3 months I have until the end of Sept

I assume you are talking about the Visa Waiver Program, which isn't a visa. It allows you to enter as a vistior without a visa for 90 days. You are not permitted to work when you are in visitor status. If caught, you are clearly deportable, and would face a ban from re-entering the US as a result.

Assuming you did enter under the VWP, working is a violation of the terms of the Visa Waiver Program. Violating the terms of a VWP entry makes you ineligible to use the VWP in the future.

Putting aside the complication of already working illegally for a moment, you also need to understand the ramifications if you now choose to stay beyond the expiration date of your I-94W (Or I-94 if you entered on a B2). Once the expiration date in september has passed, you are out of status and begin to accumulate unlawful presence. (Assuming you are over 18). Unlawful presence of more than 6 months but less than a year, carries a 3 year ban on reentering the US. Unlawful presence of a year or more carries a ban of 10 years on reentering the US. The ban starts the day you leave US soil. If you are deported rather than leaving voluntarily, there would be additional bans.

Once the ban is in effect, the only way to overcome it if you wish to legally emigrate to the US, would be to have a qualifying relative submit an hardship waiver on your behalf. The qualifying relative must be a US citizen or lawful Permanent Resident (green card holder) spouse or parent. The qualifying relative must be able to demonstrate why it would be an extreme hardship if you were not permitted to enter the US and live with them *AND* why it would be an extreme hardship for the qualifying relative to be forced to live with you in the UK for the duration of the ban.

As you can see, not an easy proposition.

If you only wanted to visit the US, you would need a B2 visitor visa and a non-immigrant waiver to overcome a ban. These are discretionary, and are not handed out like candy, either.

So the point I am making to you, is that staying beyond the expiration day of your I-94 is a very BAD idea, with serious consequences.

Also, keep in mind that if you entered on the VWP, overstaying the expiration date on your I-94W by even *one* day will prevent you from being able to enter on the VWP again, ever. You will then need a B2 visitor visa if you wish to visit the US ever again as a tourist. This may be a moot point though, since you have already violated the terms of your current entry by working illegally, and most likely have already made yourself ineligible from making any future VWP entries.


Originally Posted by bashy (Post 8707524)
does anybody know of any options for me as I dont want to go home!!! Please help :(

Unfortunately, and with all due respect - what you want is irrelevant. US immigration is not Burger King, you can't have it your way. There is no 'I want to hang out with my friend in the US' visa.

As has been pointed out, if your friend is of the opposite sex, a US citizen *and* marriage is a realistic option, adjusting status based on marriage to your friend is one option. It is not without risk, as marriage for the sole purpose of obtaining an immigration benefit is illegal, with severe penalties such as a lifetime ban from the US. The marriage has to be a bona-fide marriage. If marriage is a realistic option, it would also be in your best interest to get married and submit your AOS application BEFORE the expiration date of your I-94W (Or I-94).

If marriage is not an option, you should stop working immediately, return to the UK before the expiration date on your I-94W (or I-94) and begin researching legal options for how to get to the the US. Begin with the link given to you in post #2. You may very well find that there are no legal options for you at this time, but that does not mean there won't be any at some point in the future if your situation changes. So, complying with the rules now so that you don't jeopardize any future opportunities would be in your best interest.

I know this may all sound harsh and probably not what you wanted to hear, and I am not trying to crush your dreams here. But sometimes a dose of reality is required to try and prevent someone from getting themselves into a worse situation than the one they are already in.

Of course it is your life and your decision to do whatever you wish with the information given. Just remember that if you are playing with fire, you are likely to get burned.

Good luck to you.

discoviking Jul 17th 2010 3:56 am

Re: Help me please!!
 

Originally Posted by Awesome Welles (Post 8708438)
You can't even cut peoples hair without being licensed.

That's a good point. Hair salons are supposed to undergo regular inspections.

bashy Jul 17th 2010 8:46 am

Re: Help me please!!
 
Thank you for all your help I should really leave then...although A friend told me I can be a student at a college and get a student visa? Whats the preceedure with that could that be my last straw?

bashy Jul 17th 2010 8:48 am

Re: Help me please!!
 
I am young and have loads too learn, I didnt know it would be this awkward. I am leaving the salon and will look into being a student here and try and transfer all my certificates in hairdressing to the states. You all have to realise I want to be here and would like to do this all as legally as I can thanks for all your help, like I said can I get a student visa can I have help with that lol :)

ian-mstm Jul 17th 2010 9:07 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8708939)
A friend told me I can be a student at a college and get a student visa?

You may be able to get an F-1 student visa. School in the US is expensive, but it's certainly doable. Remember... Google is your friend, and we'll still be here to help you do things properly.



I am young and have loads too learn, I didnt know it would be this awkward.
That you are now reconsidering your choices, speaks well of your character. Best of luck to you. Here's a thought to consider... the US is one of the most difficult places to get to, so this may take a while. Don't be too discouraged... keep focussed on the long-term goal.

Ian

bashy Jul 17th 2010 9:20 am

Re: Help me please!!
 
Ian I appreciat your help so much thanks. Now Im looking into a student visa, So theres a college 5 mins away from me could I get a student loan as you said its expensive?

Sally Redux Jul 17th 2010 9:22 am

Re: Help me please!!
 
:rolleyes:

Bill_S Jul 17th 2010 9:36 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8708985)
Ian I appreciat your help so much thanks. Now Im looking into a student visa, So theres a college 5 mins away from me could I get a student loan as you said its expensive?

Student visa FAQ

willmore Jul 17th 2010 9:39 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8707524)
Hello people, Ok So I really need help. I moved to america on my own to live with my friend (whos american met her back in England, Im British) I am young and didnt really know any preceedures. I got myself a holiday visa which allows me to be here for 3 months I have until the end of Sept. However I want to stay here Im a hairdresser and I have found a salon to work in and I am working there currently, although my boss cant give me a work visa because hes hired me to work for him which is dodgy enough as it is, I got my certification in England but I havnt transfered my work here but he knows Im good enough and said you can work for me under the table Il pay you just cash. Ok so I love it here and dont want to go back, does anybody know of any options for me as I dont want to go home!!! Please help :(

Please allow me to introduce you to mr. period and mrs. comma......

ian-mstm Jul 17th 2010 12:50 pm

Re: Help me please!!
 

Originally Posted by bashy (Post 8708985)
So theres a college 5 mins away from me could I get a student loan as you said its expensive?

That's a great question. This is part of the basic research that you need to do on your own. Oh... the college must be on the approved list for F-1 visas. Remember... Google! :)

Ian

fatbrit Jul 17th 2010 1:14 pm

Re: Help me please!!
 

Originally Posted by bashy (Post 8708985)
Ian I appreciat your help so much thanks. Now Im looking into a student visa, So theres a college 5 mins away from me could I get a student loan as you said its expensive?

You may have to save up for a year or ten first. ;)

bashy Jul 17th 2010 2:49 pm

Re: Help me please!!
 
So the land of Oppurtunity isnt? Im scared now lol so basically its hard for an englishman to get a visa and live here permanently unless I get married?

fatbrit Jul 17th 2010 2:57 pm

Re: Help me please!!
 

Originally Posted by bashy (Post 8709386)
So the land of Oppurtunity isnt? Im scared now lol so basically its hard for an englishman to get a visa and live here permanently unless I get married?

Plenty of Englishmen have moved here, some of us even without marrying an American.

But you've not said anything yet to suggest you have a hope in hell save marriage to a US citizen.

bashy Jul 17th 2010 7:07 pm

Re: Help me please!!
 
Enlighten me how to become a US citizen without getting married?

goldenstate31 Jul 17th 2010 10:55 pm

Re: Help me please!!
 

Originally Posted by bashy (Post 8709664)
Enlighten me how to become a US citizen without getting married?

You cant become a citizen, until you have had a green card for 5 years.
(if you was married, then i think its 3 years, i.e. from green card to citizenship).
At this moment in time it doesnt seem like there are many options open to you, other than to go back home, Regroup and think about going back later on another visa. (perhaps study a profession a college and uni, then later you can think about a H visa?)

discoviking Jul 17th 2010 11:59 pm

Re: Help me please!!
 

Originally Posted by bashy (Post 8709386)
So the land of Oppurtunity isnt? Im scared now lol so basically its hard for an englishman to get a visa and live here permanently unless I get married?

It can still be the land of opportunity, but you have to do more than just show up. There is research and planning involved. Being an englishman mean little, you still have to have a proper visa to stay here legally. The days where you could just hop on a boat and show up at Ellis Island are over. Well, you can still hop on a boat and show up there for a tour, but you won't be able to get any immigration paperwork done there anymore.

Have you read the Pulaski's ways yet? A link was provided in post #2.

This may be a surprise to you, but the UK is no different. A US citizen can not move there without a proper visa, either.


Originally Posted by bashy (Post 8709664)
Enlighten me how to become a US citizen without getting married?

Now you are getting ahead of yourself. You can't become a US citizen without becoming a permanent resident first. The two most common routes to permanent residency is through marriage or being sponsored by an employer.

For employment based sponsorship, you have to have very specific skills not readily available from a US Citizen employee. Unfortunately, being a UK hairdresser with no US license does not fall into that category.

Your best bet is probably a student visa at this point. It will not get you permanent residency, but it could get you to the US for a couple of years - if you qualify. Once legally here, who knows. Maybe you will meet and fall in love with a nice US citizen of the opposite sex.

You also can't get a visa from within the US, a visa has to be applied for at a US consular station abroad. You are not allowed to change status from the Visa Waiver Program, either - except for adjusting status through marriage, and even that can be dodgy.

So I really don't see any way for you to get around having to leave by september.

ian-mstm Jul 18th 2010 1:56 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8709664)
Enlighten me how to become a US citizen without getting married?

http://tinyurl.com/3643pm3.

Ian

Marocco Jul 18th 2010 2:12 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8709386)
So the land of Oppurtunity isnt?

It depends on what you mean by opportunity. If you mean "entitlement to study in the US at American taxpayers' expense", then no.

bashy Jul 21st 2010 5:43 am

Re: Help me please!!
 
Ok so I have done some more studying and you can extend your holiday visa to up to a year which costs about $300...is this possible? what would be the preeceedure?

Duncan Roberts Jul 21st 2010 5:51 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8718312)
Ok so I have done some more studying and you can extend your holiday visa to up to a year which costs about $300...is this possible? what would be the preeceedure?

You don't have a visa, you are using the visa waiver which is the exact opposite of a visa. Basically you have seriously screwed yourself by working illegally and it could be problematic getting any type of visa in the future. I'm also pretty sure you can never use the visa waiver again and will need a tourist visa to visit the US in the future. Realistically for you, unless you get married to a US citizen you may not be coming back to the US any time soon, if ever.

Noorah101 Jul 21st 2010 5:55 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8718312)
Ok so I have done some more studying and you can extend your holiday visa to up to a year which costs about $300...is this possible? what would be the preeceedure?

1. You don't have a holiday visa.

2. Can you provide the link to where you read this?

3. The VWP visit cannot be extended under any circumstances. If you do not leave by the end of the 90 days, you are overstaying, which if you have aspirations to live in the USA, is not a good thing.

Rene

fatbrit Jul 21st 2010 6:11 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8718312)
Ok so I have done some more studying...

F

scrubbedexpat099 Jul 21st 2010 6:42 am

Re: Help me please!!
 

Originally Posted by fatbrit (Post 8718354)
F

-

chartreuse Jul 21st 2010 6:47 am

Re: Help me please!!
 

Originally Posted by fatbrit (Post 8718354)
F

Aren't Fs called Cs, nowadays?

bashy Jul 21st 2010 7:09 am

Re: Help me please!!
 
So what can I do? Nothing? Surely I could go back home for two weeks and apply for a holiday visa or a work visa? What can I do? Im willing to go home and come back. whats the best option???

Duncan Roberts Jul 21st 2010 7:30 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8718449)
So what can I do? Nothing? Surely I could go back home for two weeks and apply for a holiday visa or a work visa? What can I do? Im willing to go home and come back. whats the best option???

You screwed yourself big time by working on the visa waiver, you signed a legal document saying you wouldn't and you will waive your rights to any appeal or extension. You HAVE to apply for a visa to visit the US again but your chances of getting one would seem slim based on your previous and very recent violation. You can't apply for a work visa because an employer has to petition you first and your field of work and experience is not one that can be petitioned.

It's nothing against you but it's extremely difficult to move to the US and work/live, even more so with strikes against you. If you really want to come here I would suggest talking to an experienced immigration lawyer who can help you minimize the damage you have already done and stop you doing any more because clearly you have no clue on how things work.

meauxna Jul 21st 2010 7:44 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8718449)
So what can I do? Nothing? Surely I could go back home for two weeks and apply for a holiday visa or a work visa? What can I do? Im willing to go home and come back. whats the best option???

What part is not clear for you? You were allowed to come visit the US for 90 days.. no working, no change of status to another one. That is the document you agreed to electronically, and then (perhaps) signed when you arrived.

By law, you MUST leave the US by your 90 day due date.

Now, as far as returning.
You have already broken the VWP rules by working, so you may not use it again.
Therefore, you will need a visa, even for tourist purposes. These are called "B-1/B-2" visas.

There are NO VISAS for working as a hairdresser. I don't know how much more clear it can be put. Sometimes you can't "just go" somewhere, because you want to. I would like to visit Cuba, for example, but I am not allowed to by law. So, I don't go.

Noorah101 Jul 21st 2010 8:03 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8718449)
So what can I do? Nothing? Surely I could go back home for two weeks and apply for a holiday visa or a work visa? What can I do? Im willing to go home and come back. whats the best option???

In your first post, you mentioned the purpose of coming to the USA was to live with your USC friend. Is this friend of the opposite sex, and do you guys have plans to marry in the future?

Rene

bashy Jul 21st 2010 8:16 am

Re: Help me please!!
 
We are both 20, I would be up for it but she dosnt want to because the situation is weird enough as it is. I havnt broken or signed anything no one but this forum knows I have worked, to be fair I havnt dont one client I have just been in the salon watching as its not busy so I still have a chance to come back on a visa?
What would you do if you was in my shoes? Theres a girl here I love but marridge isnt an option so I dont want to leave or dont want to be unable to never come here again.

Noorah101 Jul 21st 2010 8:25 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8707524)
I have found a salon to work in and I am working there currently, although my boss cant give me a work visa because hes hired me to work for him which is dodgy enough as it is, I got my certification in England but I havnt transfered my work here but he knows Im good enough and said you can work for me under the table Il pay you just cash.(


Originally Posted by bashy (Post 8718589)
I havnt broken or signed anything no one but this forum knows I have worked, to be fair I havnt dont one client I have just been in the salon watching as its not busy...

Your story is changing. First you were definitely working, now you haven't been working but just observing. Have you gotten paid?

I think your best way forward would be to return to the UK before your 90 days is up. Then work on the relationship with the girl you're in love with, in hopes that it will head towards marriage. Have her come visit you in the UK. Whenever you guys decide marriage is what you both want, then do a K-1 fiance visa.

Rene

Duncan Roberts Jul 21st 2010 8:29 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8718589)
I havnt broken or signed anything no one but this forum knows I have worked, to be fair I havnt dont one client I have just been in the salon watching as its not busy so I still have a chance to come back on a visa?

It's an open forum, the whole world can see what you post if they want. As for signing and breaking things, you have signed and if you have worked then you broke it. It's called the visa waiver program, you filled out ESTA and electronically signed a whole bunch of stuff you obviously didn't read.

It basically sounds like for the foreseeable future you will be, at best, nothing more than a tourist.

meauxna Jul 21st 2010 8:32 am

Re: Help me please!!
 

Originally Posted by bashy (Post 8718589)
I dont want to leave or dont want to be unable to never come here again.

Sounds like you need to choose one or the other of those options. I'd opt for leaving while I'm legal and working on a legal way to come back for the purpose I want. If you stay, you'll find it's uncomfortable to live as an illegal.

scrubbedexpat099 Jul 21st 2010 8:50 am

Re: Help me please!!
 
There are two other options.

Stay here out of status keep your nose clean etc and

Hope your GF changes her mind and you can adjust without issues.
That Obama gets CIR passed and you qualify.


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