meauxna

FWIW, out of the handful of SB-1 application cases that I've seen posted online, I don't recall a successful DIY out of them. I have seen this visa reported as 'denied'.
All unique circumstances, but I'm led to believe it's not as easy as it appears.

MyGreenCard

Thankyou Jcraigfong.
I was thinking the same thing.
I really do want to get back to USA asap.
as I said in an earlier post...my ex wife has told me that she would do anything to help me to get through immigration...(even not mention anything about the divorce)any other suggestions from you.?yes both my kids are U.S citizens are over the age of 21.
Do you think that the SB-1 is my best option here?
what about what others have said...show up at the airport in U.S presnt my G/C and request an hearing with the judge?
appreciate all help.
thankyou.

Noorah101

Whatever you do, do NOT lie or misrepresent material facts to USCIS! This suggestion you put forth above is VERY bad.

Rene

MyGreenCard

Hi Noorah.
thankyou for your input.
I understand its a delicate situation,but what if my ex wife of 30 years(us cit) walked through immigration with me,her passport still shows her married name,of course if it came to questioning etc we would have to say that we recently divorced[dec 08]but what im saying is ...if they dont ask why say anything.thankyou.

The Horticulturalist

Sir,

You're starting out on the wrong foot! Any whiff of an attempt to decieve [to pass off your ex-wife as if you were still married] Customs and Immigration will not bode well for you, as has already been said. It's a bad move, period.

If you are really serious about being able to live in the US again, then take Mr Fong's advice and pay an immigration lawyer to process your case, let me remind you what he said:

"however, there are sufficient facts that you have mentioned here to make the hair stand up on the back of my neck. In my view, you need competent counsel on this one. This is not one of those DIY situations."

Best of luck!

MyGreenCard

Hi.i am wondering here....i am in the process of renewing my passport,it has recently expired...the last time I renewed it I was in Florida and I renewed through the British embassy in Washington....if I renew it in the UK will the new UK passport I receive have any connection to my old passport,I was thinking that I could go back to U.S as a tourist on the new passport and then sort out renewing the G/C etc from within the U.S,any suggestions please?

ian-mstm

Well, both will be in your name! While the UK-renewed passport might not show up in the database at the port of entry, your US-renewed passport most likely will. The officer will put 2 + 2 together!


Aside from any other complications, it is illegal to enter the US as a tourist with the intent to stay to adjust your status... which, in effect, is what you will be trying to do. Yes, you could argue that you have a GC so you're not actually a tourist, but it's also possible that your status has been deemed abandoned. You simply don't know.

If I were you, I'd just follow JCF's advice. Why? Your questions imply an intent to deceive US immigration... and that's never a good idea.

Ian

zarya

Best of luck to you!
Using vwp or b visa to make it to POE is not illegal, but lying to a Immigration Officer is! Please do not lie, it makes everything a lot worse.

MyGreenCard

im about to renew my uk passport is it better to do it from the uk or through uk embassy in washington?.

ian-mstm

I was going to answer, but I've determined that helping you could be construed as aiding and abetting.

Ian

MyGreenCard

Hi.Im in the process of completing a UK passport application as it has recently expired,my previous UK passport was renewed through the UK consulate in washington...this is the one I am now trying to renew.
The application states that this form is for British applicants in the UK,If you live abroad contact your nearest embassy,consulate or high commission for another form.
If I am attemping to maintain my presence in the U.S wouldnt it be contridictory to go ahead and complete the U.K application form?

notacrime

Hi - you PMd me to ask if our situation was similar. I'm going to respond to you on the public thread here.

My situation is quite different from yours, though there are some similarities. I did manage to enter the US on an expired green card, but my circumstances were not the same. And it's clear that in US immigration what happens to one person is not necessarily a predictor of what will happen to the next.

I think the best thing to do in your situation is follow the advice of your attorney. If you are not happy with the advice they are giving you then you should bring that up with them, or seek different counsel.

I have a lot of sympathy for your situation. They don't make it easy for you, and some of the roadblocks that they erect are pretty arbitrary and unnecessary. It's unfortunate that you did not complete your US naturalization before you left, as none of this would have been an issue.

Good luck.

TimFountain

If your wife would do anything for you, why not get re-married and restart the GC process?

- Tim

MyGreenCard

thank you notacrime.
can I ask how long your G/card had been expired when you re-entered the U.S ?and did you use ESTA?Thankyou.

I have communicated with my lawyer in the U.S and for everyone elses benefit[although circimstances may be different) my immigration guy mentioned me filing the SB-1 and then decided against it because he said it would have to be filed through the London U.S embassy who are notorious to deal with.I am waiting to hear from him with regard to what is the next move.

Im thinking that perhaps the best thing to do is just re-nounce the G/card and go for a 6 month visit for the winters....any suggestions on what other remifications could be entailed by just turning it in or is that step too early?

notacrime

My GC had expired but I had an application in process to remove conditions. This is different from what you are doing, so I don't think you can use my situation as any kind of predictor of your own. That said, my GC expired Jan 5th and I entered Feb 26th. I did not use ESTA.

There is one aspect of my situation that might be useful for you - boarding the flight. As I said, I did not fill out ESTA, but I had a return ticket back to Edinburgh 5 days from the departure. That seemed to be enough for the airline (Continental) - in fact I saw them put my details in to the computer it flashed up with something green that said "positive indication - return flight" or something to that effect.