Intending Immigrant 214(b)...
Jan 9th 2018, 3:23 pm
#46
BE Enthusiast
Joined: Feb 2017
Location: Newnan, GA
Posts: 802
Re: Intending Immigrant 214(b)...
You'd be OK in the dream if you headed South West in the state, they'd just ask you to talk a lot to listen to the accent, assuming you retain a UK version.
Jan 9th 2018, 8:49 pm
#47
Forum Regular
Joined: Dec 2017
Posts: 226
Re: Intending Immigrant 214(b)...
This is an interesting thread. As an Indian citizen and a US permanent resident (through employment) in the process of naturalizing *and* intending to obtain British nationality on account of a UK parent, here's how I see this:
The default presumption of any person going to US is that they're an immigrant. This is also true of the UK. The person has to prove otherwise. This particular burden of proof is mostly lost on those from developed countries traveling amongst them, such as US<->UK due to the smoothness of ESTA/VWP as opposed to having to apply for a visa, but it still exists, and is very much obvious to those traveling from a developing country to a developed one.
Therefore it's important to be aware that a growing set of personal ties to a place will make you more likely to be considered to be of immigrant intent, over time, and that simply because your still happen to have the same professional lifestyle means nothing to either US or UK immigration.
I've had colleagues in both countries who had to jump through hoops to obtain visitor visas for US/UK for parents, while they're gainfully employed here, simply due to the immigrant intent, even though these old folks have absolutely no intent on their own part - no professional or language skills, no US/UK familial support systems, etc. As these colleagues built life here and had US kids, it became harder to prove to US authorities that their parents were only visiting, and not intending to stay. Your situation is analogous.
A decade ago, you had no family in US, and your measure of immigrant intent weight in your favor because your professional and property ties are elsewhere. But familial ties trump those - you now have 2 US citizen children and a presumably US partner. You're trying to prove something you really cannot any more - US immigration has already judged as such.
It may be true that that's not your intent, but the harsh reality is that one's own intent does not matter. Only your ability to convince the authorities of your lack of defauly presumed intent does. Your partner and kids are US citizens residing in US. Your chances of proving non-immigrant intent are extremely hard.
The advice offered here is sound. Become a US PR and citizen. You get to keep your presumably UK nationality, and you're not required to reside in US. Why fight the overwhelming burden of administrative presumption of immigrant intent on your part ? Just play along with it.
The default presumption of any person going to US is that they're an immigrant. This is also true of the UK. The person has to prove otherwise. This particular burden of proof is mostly lost on those from developed countries traveling amongst them, such as US<->UK due to the smoothness of ESTA/VWP as opposed to having to apply for a visa, but it still exists, and is very much obvious to those traveling from a developing country to a developed one.
Therefore it's important to be aware that a growing set of personal ties to a place will make you more likely to be considered to be of immigrant intent, over time, and that simply because your still happen to have the same professional lifestyle means nothing to either US or UK immigration.
I've had colleagues in both countries who had to jump through hoops to obtain visitor visas for US/UK for parents, while they're gainfully employed here, simply due to the immigrant intent, even though these old folks have absolutely no intent on their own part - no professional or language skills, no US/UK familial support systems, etc. As these colleagues built life here and had US kids, it became harder to prove to US authorities that their parents were only visiting, and not intending to stay. Your situation is analogous.
A decade ago, you had no family in US, and your measure of immigrant intent weight in your favor because your professional and property ties are elsewhere. But familial ties trump those - you now have 2 US citizen children and a presumably US partner. You're trying to prove something you really cannot any more - US immigration has already judged as such.
It may be true that that's not your intent, but the harsh reality is that one's own intent does not matter. Only your ability to convince the authorities of your lack of defauly presumed intent does. Your partner and kids are US citizens residing in US. Your chances of proving non-immigrant intent are extremely hard.
The advice offered here is sound. Become a US PR and citizen. You get to keep your presumably UK nationality, and you're not required to reside in US. Why fight the overwhelming burden of administrative presumption of immigrant intent on your part ? Just play along with it.
Last edited by sun_burn; Jan 9th 2018 at 8:57 pm.
Jan 23rd 2018, 1:49 pm
#49
Forum Regular
Thread Starter
Joined: Mar 2017
Location: UK
Posts: 84
Re: Intending Immigrant 214(b)...
This is an interesting thread. As an Indian citizen and a US permanent resident (through employment) in the process of naturalizing *and* intending to obtain British nationality on account of a UK parent, here's how I see this:
The default presumption of any person going to US is that they're an immigrant. This is also true of the UK. The person has to prove otherwise. This particular burden of proof is mostly lost on those from developed countries traveling amongst them, such as US<->UK due to the smoothness of ESTA/VWP as opposed to having to apply for a visa, but it still exists, and is very much obvious to those traveling from a developing country to a developed one.
Therefore it's important to be aware that a growing set of personal ties to a place will make you more likely to be considered to be of immigrant intent, over time, and that simply because your still happen to have the same professional lifestyle means nothing to either US or UK immigration.
I've had colleagues in both countries who had to jump through hoops to obtain visitor visas for US/UK for parents, while they're gainfully employed here, simply due to the immigrant intent, even though these old folks have absolutely no intent on their own part - no professional or language skills, no US/UK familial support systems, etc. As these colleagues built life here and had US kids, it became harder to prove to US authorities that their parents were only visiting, and not intending to stay. Your situation is analogous.
A decade ago, you had no family in US, and your measure of immigrant intent weight in your favor because your professional and property ties are elsewhere. But familial ties trump those - you now have 2 US citizen children and a presumably US partner. You're trying to prove something you really cannot any more - US immigration has already judged as such.
It may be true that that's not your intent, but the harsh reality is that one's own intent does not matter. Only your ability to convince the authorities of your lack of defauly presumed intent does. Your partner and kids are US citizens residing in US. Your chances of proving non-immigrant intent are extremely hard.
The advice offered here is sound. Become a US PR and citizen. You get to keep your presumably UK nationality, and you're not required to reside in US. Why fight the overwhelming burden of administrative presumption of immigrant intent on your part ? Just play along with it.
The default presumption of any person going to US is that they're an immigrant. This is also true of the UK. The person has to prove otherwise. This particular burden of proof is mostly lost on those from developed countries traveling amongst them, such as US<->UK due to the smoothness of ESTA/VWP as opposed to having to apply for a visa, but it still exists, and is very much obvious to those traveling from a developing country to a developed one.
Therefore it's important to be aware that a growing set of personal ties to a place will make you more likely to be considered to be of immigrant intent, over time, and that simply because your still happen to have the same professional lifestyle means nothing to either US or UK immigration.
I've had colleagues in both countries who had to jump through hoops to obtain visitor visas for US/UK for parents, while they're gainfully employed here, simply due to the immigrant intent, even though these old folks have absolutely no intent on their own part - no professional or language skills, no US/UK familial support systems, etc. As these colleagues built life here and had US kids, it became harder to prove to US authorities that their parents were only visiting, and not intending to stay. Your situation is analogous.
A decade ago, you had no family in US, and your measure of immigrant intent weight in your favor because your professional and property ties are elsewhere. But familial ties trump those - you now have 2 US citizen children and a presumably US partner. You're trying to prove something you really cannot any more - US immigration has already judged as such.
It may be true that that's not your intent, but the harsh reality is that one's own intent does not matter. Only your ability to convince the authorities of your lack of defauly presumed intent does. Your partner and kids are US citizens residing in US. Your chances of proving non-immigrant intent are extremely hard.
The advice offered here is sound. Become a US PR and citizen. You get to keep your presumably UK nationality, and you're not required to reside in US. Why fight the overwhelming burden of administrative presumption of immigrant intent on your part ? Just play along with it.
Thanks for your reply, I appreciate the objective nature of the post.
Coincidentally, during my last trip to the consulate in Jo'burg, I was chatting to a woman of Indian heritage who was applying for a Visa to visit her sister in the USA. I did wonder if they would hold that against her.
It might be that due to some sort of notion of, "first world privilege", I'd never considered the pickle I ended up in!
Alas, I no longer have a relationship in the USA and I'll only be visiting my kids in third party countries (or the UK), as and when that can be arranged.
