lisahill

Hi,
My name is Lisa...
I read both of the threads below with great interest as I am actually in a similer situation myself... Let me explain...
I have been coming to asmerica with my british husband for about four years and actually prefer it to my own country and wish to live here.
We have been coming over on the green visa waiver form.
My desire to move here is so much so that I recently consulted an awttorney who asssured me that it was possible for him to get us an extention on our green visa waiver and also that the general idea was that while we were here on the extension the application that he is apparently making for temporiy residency would go through. He is now apparently working on it...
I was told that the reason wer would be able to get an extension on our visa was DUE to the fact that we were applying for residencey.
Only now although my attorney is still acting like everything is fine I am starting to find out that it is not possible to get an extension on the 1-94w.
I have spoken to the immigration and naturalization services who told me that it is not possible and also the British consulate. Is this true ? I checked out the exception of section 201b of the ina but it didn't seem to apply.
When i told my attorney of this coming to light he seemed surprised AS he has told me that from his understanding we can just stay on...
I have been sent no official paperwork saying this and my visa expires at the beginning of november.
I dont want to stay on in blind faith only to then find out he's giving me bs and surely he cant expect me to do so with out any paperwork but it seems that he thinks I will...
So whats the deal..?
I think I am just being taken for a ride by him...or is there any truth in what he is saying about my extension, prehaps some bizzarre legal clause that i am not aware of ???
I appreciate that this is a lot to lay on for my first post here but I could really do with any and all help and advice that I can...
Thanks
Lisa
x

Robbie

[QUOTE][SIZE=1]Originally posted by lisahill:
Hi,
My name is Lisa...
I read both of the threads below with great interest as I am actually in a similer situation myself... Let me explain...
I have been coming to america with my british husband for about four years and actually prefer it to my own country and wish to live here.

Hey Lisa... We are both in the same boat
Sounds like we share the same attorney too !
Its a very simaler situation to mine indeed.
Sorry to hear it, have you already paid him ?
Rob.

Ingo Pakleppa

On Mon, 21 Oct 2002 20:47:18 -0700, lisahill wrote:


    > Hi,
    > My name is Lisa...
    > I read both of the threads below with great interest as I am actually in
    > a similer situation myself... Let me explain... I have been coming to
    > asmerica with my british husband for about four years and actually
    > prefer it to my own country and wish to live here. We have been coming
    > over on the green visa waiver form. My desire to move here is so much so
    > that I recently consulted an awttorney who asssured me that it was
    > possible for him to get us an extention on our green visa waiver and
    > also that the general idea was that while we were here on the extension
    > the application that he is apparently making for temporiy residency
    > would go through. He is now apparently working on it... I was told that
    > the reason wer would be able to get an extension on our visa was DUE to
    > the fact that we were applying for residencey. Only now although my
    > attorney is still acting like everything is fine I am starting to find
    > out that it is not possible to get an extension on the 1-94w.
    > I have spoken to the immigration and naturalization services who told me
    > that it is not possible and also the British consulate. Is this true ? I
    > checked out the exception of section 201b of the ina but it didn't seem
    > to apply.
    > When i told my attorney of this coming to light he seemed surprised AS
    > he has told me that from his understanding we can just stay on... I have
    > been sent no official paperwork saying this and my visa expires at the
    > beginning of november.
    > I dont want to stay on in blind faith only to then find out he's giving
    > me bs and surely he cant expect me to do so with out any paperwork but
    > it seems that he thinks I will...
    > So whats the deal..?
    > I think I am just being taken for a ride by him...or is there any truth
    > in what he is saying about my extension, prehaps some bizzarre legal
    > clause that i am not aware of ???
    > I appreciate that this is a lot to lay on for my first post here but I
    > could really do with any and all help and advice that I can... Thanks
    > Lisa
    > x
    > --

It appears that you need a new attorney. Somebody who doesn't know that
an I-94W cannot be extended certainly is not an expert in immigration law.
There is an exception for spouses of US citizens, maybe he was thinking
that this was the basis of your application.

Also, if you have been in the US for four years, you will not be able to
return at all for ten years, not even as a tourist.

Joachim Feise

lisahill wrote:
    > I was told that the reason wer would be able to get an extension on our
    > visa was DUE to the fact that we were applying for residencey.

Complete BS.

    > I think I am just being taken for a ride by him...

Yes.

    > or is there any truth
    > in what he is saying about my extension, prehaps some bizzarre legal
    > clause that i am not aware of ???

If he thinks there is, have him give you a reference to the particular
section of the law. The text of the immigration law is online at the INS
website, so you could then look it up yourself.
The one instance I am aware of where this would be possible is marriage
to a US citizen.

lisahill

Hey everyone, thanks for that,
Robbie asked if I have paid him any money, yes I have $2500 with another $7500 due over a period of time...
someone else also said "if you have been in the USA for four years, I have not, I have been comuting back and forth on visa waivers for the past four years.
I tried looking up the INA law and although I found it very complicated, from everything I read it did mot see any exception for an extensuon on my visa waiver ;-(
Eithir my attorney is taking the ****ing piss out of me, or he hasn't got a clue what he is doing. I dont know...
Luv Lisa
Ps. If any body does know of any clause in the waiver program that he could possibly be using dont hesitate to let me know...

lisahill

It appears that you need a new attorney. Somebody who doesn't know that
an I-94W cannot be extended certainly is not an expert in immigration law.
THANKS
There is an exception for spouses of US citizens, maybe he was thinking
that this was the basis of your application.
No he couldn't be because he has met my english husband on a couple of occasions and has always been filing for both of us as UK citizens from day one, I have been dealing with the attorney for ver a month now and although i have sent him $2500
of the original $3500 deposit and he is due another 1500 or so on top of that figure any day now, I have recieved no kind of official docummentation through whatsoever, yet he expects me just to stay on !!!!
Luv Lisa
x

lisahill

Joachim Feise could you please tell me why its complete BS, if thats ok... the more details that i have on things the better...
Thanks...
Luv
Lisa
x

fleming77

I think your attorney is on another planet......you cannot extend on a visa waiver....if you came in on a B1/b2 then yes but not a waiver...he may be confused....which really doesnt make any sense as its his job....anyways good luck.

Englishmum

Wow! It does seem like the attorney is ripping you off. I would ask for my money back as he is giving you incorrect information. Can he show you the file he has on your case to demonstrate the 'work' he has done so far?

I would definitely give a ring to the Better Business Bureau in the area where you are living as they should be able to tell you whom you should complain to - although I'm fairly certain that if you have a complaint regarding an attorney then you need to contact the State Bar association/office (Attorney General for your city eg. New York City, or State). I think it's the nearest equivalent to the UK "Law Society" and if you inform the Attorney that you're considering consulting them then perhaps he might give a refund. I don't see why they can't deal with your complaint/concerns, even if you do ask them to formally look into it and have to return to the UK. You should be able to also find out your State Attorney General on-line or at your nearest public library.

It is wrong if he has given you incorrect information which leads you to believe that you can stay on - and charge you for giving you the wrong info in the first place!

Strongly advise that you get this book: "Living and Working in America" by David Hampshire. It has all the info on the various types of visas and qualifications needed to obtain them. You can get it from Amazon.com or Amazon.co.uk, or in most large British bookshops.

If by any chance you or your spouse are from Northern Ireland then that's the only part of the UK where British citizens can apply for the Green Card lottery....

Good Luck!

Stuart Brook

lisahill wrote:
    > It appears that you need a new attorney. Somebody who doesn't know that
    > an I-94W cannot be extended certainly is not an expert in
    > immigration law.
    > THANKS
    > There is an exception for spouses of US citizens, maybe he was thinking
    > that this was the basis of your application.
    > No he couldn't be because he has met my english husband on a couple of
    > occasions and has always been filing for both of us as UK citizens from
    > day one, I have been dealing with the attorney for ver a month now and
    > although i have sent him $2500
    > of the original $3500 deposit and he is due another 1500 or so on
    > top of that figure any day now, I have recieved no kind of
    > official docummentation through whatsoever, yet he expects me just
    > to stay on !!!!
    > Luv Lisa
    > x
    > --

You need to go to the bar association and report this charlatan. He is
robbing you blind. It would be cheaper to go home and come back than
pay this!

Of course you received no documentation, because there is none to
receive since you can't do what he's telling you he can, meanwhile you
are illegally in the US!

Ingo Pakleppa

On Tue, 22 Oct 2002 13:10:38 -0700, lisahill wrote:


    > Joachim Feise could you please tell me why its complete BS, if thats
    > ok... the more details that i have on things the better... Thanks... Luv
    > Lisa
    > x
    > --

I'm not Joachim, but I'll answer anyway: it is complete BS because the
visa waiver does not allow any type of extension, change or adjustment of
status. It says so right on the I-94W.

There are three exceptions to this (the I-94W does not spell out the
exceptions). First, if you are the spouse of a US citizen, you can adjust
status even from the visa waiver.

Second, in case of a medical emergency, you can extend your stay.

Come to think about it, maybe the lawyer was actually thinking of the
third exception: if you happen to qualify for 245(i), you could possibly
file an application to adjust status even from visa waiver. In order to
qualify for that, you would have had to start the process before April 21,
2001 (Ibelieve that is the date).

2001(J) is a section of the law that allows people who qualify for a Green
Card but are not in status, or wouldn't be allowed to adjust status, such
as in your case, adjust status anyway after paying a $1000 fine.

To be quite frank, I would be surprised if you qualified for 245(i). It
may be possible, but from everything I heard so far, it doesn't sound like
something I would suggest.

Finally, the lawyer may be talking about still something else, and this
would be entirely feasible. You are not allowed to adjust status from
I-94W within the USA. But you would be allowed to apply for permanent
residency, then LEAVE the USA (before your I-94W expires, of course), and
then apply for an immigrant visa at a US consulate. If you do that,
chances are you would not be allowed to return to the US until processing
of the immigrant visa is completed. Depending on the category, this can
take several years.

So, bottom line, the way it sounds right now, what the lawyer said seems
like complete BS. But I cannot tell this for sure without knowing exactly
what he is proposing, which category he would apply under, and how he
would proceed.

lisahill

It sounds to me like he is just taking the ****ing piss, and i truely apprecxiate all your help and advice...
I am going back in earlynovember when my visa waiver expires, anything else is just to risky. I have seen nothing from my attorney in the form of of anything to back up what her is saying. There is no paperwork, there is no plan of action,thewre is nothing.

I have soime more questions which i have posted seperately below so as to avoid one long post and confusion...
thx
Luv Lisa
xxx

lisahill

ok 3 questions... or areas where help would be appreciated...

1. can anyone teach me to spell LOL just kidding... ok in all seriousness.

1)
I read somewhere on the internet that if you have come in on an visa waiver there is no form for legal reprucusion,is that true ? i dont know what it means...
Does it mean that i cant take legal action against my attorney or does it mean that if i am refused admision to america i cant go for legal action against my refusel???

Luv Lisa
xxx

lisahill

Also a friend looked at me in horror when i told them that my attorney was operating out of florida (whgen we do visit america we are based in LA which is where we wish to live)
and then said that we should be very carefull dealing with attorneys that operate out of florida as there is some special law specific to florida attorneys that protects them, meaning that if they do **** you over , you cant do anything about it...??? !!!

lisahill

The green card lottery, is it true that you are only eligible if you are in Ireland ?

My attorney told me about the lottery so of course I went straight to the internet and looked it up...
I discovered that you were not eligible if you were from great Britain. I called my attorney and told him and he seemed surprized. What a surprize. LOL the sega continues...

However shortly after that I was on the net and I came across
http://www.usais.org/gcl_application.htm
where I was able to put in an application, when i got to what country are you from, the united kingdom was one of the options available...

So i put in and paid for my application and that of my spouses.

is aanyone else familier with this site.
Have a look round it, it seems to be helpfull and ligitimate or once again have i justbeen screwed for $70.00

Thanks guys.
i really appreciate your help and time...
Luv Lisa
xxx