Son visiting UK whilst applying for Visa
Nov 28th 2008, 2:57 pm
#136
Forum Regular
Thread Starter
Joined: Nov 2008
Posts: 59
Re: Son visiting UK whilst applying for Visa
Glad it helps - on a second look, it isnt the CSA they will do it for, but for the court ordered child support only, however, if you do have a CSA order you can go to the court and explain what you want to do and get them to make an order that you can then use the REMO system to enforce.
£20k - no wonder he can afford a barrister.
Also, Check that letter form the attorney - if it says 'without predjudice' at the top, You cannot use it as evidence, only your ex - so you would have to wait for him to present it, and then present your opposing evidence. If it doesnt say without predjudice, you can bring it to the judges attention.
I'm suprised this super duper expensive barrister hasn't checked his own facts on the case before taking it on.
I'd love to be a fly on the wall when your ex finds out you can claim the child support from him - damn, if the US child support people get a hold of him and he messes them around, his life will certainly change!
£20k - no wonder he can afford a barrister.
Also, Check that letter form the attorney - if it says 'without predjudice' at the top, You cannot use it as evidence, only your ex - so you would have to wait for him to present it, and then present your opposing evidence. If it doesnt say without predjudice, you can bring it to the judges attention.
I'm suprised this super duper expensive barrister hasn't checked his own facts on the case before taking it on.
I'd love to be a fly on the wall when your ex finds out you can claim the child support from him - damn, if the US child support people get a hold of him and he messes them around, his life will certainly change!
Nov 28th 2008, 3:07 pm
#137
Concierge
Joined: Apr 2001
Posts: 46,393
Re: Son visiting UK whilst applying for Visa
I don't believe the US Consulate will be able to assist but the USCIS in London would and I would thing that the correct people to advise would be the Customs Agents at the UK airport that your husband will be flying from. They need to be aware of what your ex's intent is and they would be the one's who ~might~ be able to pull your son's ticket and head him back home.
Nov 28th 2008, 3:14 pm
#138
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Son visiting UK whilst applying for Visa
Glad it helps - on a second look, it isnt the CSA they will do it for, but for the court ordered child support only, however, if you do have a CSA order you can go to the court and explain what you want to do and get them to make an order that you can then use the REMO system to enforce.
£20k - no wonder he can afford a barrister.
Also, Check that letter form the attorney - if it says 'without predjudice' at the top, You cannot use it as evidence, only your ex - so you would have to wait for him to present it, and then present your opposing evidence. If it doesnt say without predjudice, you can bring it to the judges attention.
I'm suprised this super duper expensive barrister hasn't checked his own facts on the case before taking it on.
I'd love to be a fly on the wall when your ex finds out you can claim the child support from him - damn, if the US child support people get a hold of him and he messes them around, his life will certainly change!
£20k - no wonder he can afford a barrister.
Also, Check that letter form the attorney - if it says 'without predjudice' at the top, You cannot use it as evidence, only your ex - so you would have to wait for him to present it, and then present your opposing evidence. If it doesnt say without predjudice, you can bring it to the judges attention.
I'm suprised this super duper expensive barrister hasn't checked his own facts on the case before taking it on.
I'd love to be a fly on the wall when your ex finds out you can claim the child support from him - damn, if the US child support people get a hold of him and he messes them around, his life will certainly change!
Lawyer-client communications are privileged - but if he gave her the letter, it's hers to use (at least according to our law).
Actually, Thanksgiving was yesterday - it's always on a thursday. And we did celebrate it. Your story was far from boring - I'm sorry you're going through all this.
Several attorneys post on this forum - J Craig Fong, Stuart Folinsky, Matt Udall. You might contact one of them (via email or phone) and ask to retain them to give an opinion on the legality of the matter. They might or might not agree - I have no idea. But it wouldn't cost anything to try.
It is very possible that everyone is taking today (day after thanksgiving) off and attorneys might not be back in the office until monday.
Nov 30th 2008, 3:40 pm
#139
Nuts and Bolts
Joined: Sep 2006
Location: Palm Tree in the Snow
Posts: 2,116
Re: Son visiting UK whilst applying for Visa
Is there any way that the issue of not having representation for a very important case be postponed until the op can get some help? Surely a judge would not allow a case like this to transpire if the op explains that the ex has created a situation which has restricted her ability to seek legal aid? If the investigations have no merit, that surely would be enough to highlight a manipulation of the legal system to restrict the other parent's rights - especially in light of the fact that he has not shown responsibility in child support?
Nov 30th 2008, 4:30 pm
#140
Account Closed
Joined: Mar 2004
Posts: 2
Re: Son visiting UK whilst applying for Visa
My understanding is that in a situation like this where there is a disparity in representation, the Judge will usually defer the hearing.
Nov 30th 2008, 5:55 pm
#141
Forum Regular
Thread Starter
Joined: Nov 2008
Posts: 59
Re: Son visiting UK whilst applying for Visa
I hope you are right. I was thinking of writing to the judge explaining about the legal aid. I have been supported by my MP and my complaint against the legal services commission is being investigated by the parliamentary ombudsman.
Nov 30th 2008, 6:51 pm
#142
BE Enthusiast
Joined: May 2008
Posts: 572
Re: Son visiting UK whilst applying for Visa
I hope that I am not missing anything here, but having read the threads, wouldn't it be worthwhile for this lady to contact the US embassy, and appraise them of the situation. The fact that her ex appears to be violating immigration laws and procedures may cause them to contact ICE, who may send someone to have a chat with him.
Dec 4th 2008, 2:57 pm
#143
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Thread Starter
Joined: Nov 2008
Posts: 59
Re: Son visiting UK whilst applying for Visa
I hope that I am not missing anything here, but having read the threads, wouldn't it be worthwhile for this lady to contact the US embassy, and appraise them of the situation. The fact that her ex appears to be violating immigration laws and procedures may cause them to contact ICE, who may send someone to have a chat with him.
I really need something in writing about my specific case to argue with my ex's letters from his attoutrney. i have written to the US Embassy but that may be a slow process. Any ideas?
Thanks everyone
Dec 4th 2008, 3:03 pm
#144
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Son visiting UK whilst applying for Visa
HI, I have rung the US Embassy, London who confirmed the belief on this site that using the VWP to get my son into the US and then filing for his permanent residency is not the approppriate route. I have forwarded this and info about the VWP and the step-son visa to the other side but they have produced another letter from the same law firm, reiterating exactly the same advice, but adding a clause about the AP stating 'in conjunction with the green card application, you can file Form I-131 Application to Travel for Advance Parole to allow your son to travel ( application processes in approx 3 months).
I really need something in writing about my specific case to argue with my ex's letters from his attoutrney. i have written to the US Embassy but that may be a slow process. Any ideas?
Thanks everyone
I really need something in writing about my specific case to argue with my ex's letters from his attoutrney. i have written to the US Embassy but that may be a slow process. Any ideas?
Thanks everyone
Rene
Dec 4th 2008, 3:03 pm
#145
Forum Regular
Thread Starter
Joined: Nov 2008
Posts: 59
Re: Son visiting UK whilst applying for Visa
HI, I have rung the US Embassy, London who confirmed the belief on this site that using the VWP to get my son into the US and then filing for his permanent residency is not the approppriate route. I have forwarded this and info about the VWP and the step-son visa to the other side but they have produced another letter from the same law firm, reiterating exactly the same advice, but adding a clause about the AP stating 'in conjunction with the green card application, you can file Form I-131 Application to Travel for Advance Parole to allow your son to travel ( application processes in approx 3 months).
I really need something in writing about my specific case to argue with my ex's letters from his attoutrney. i have written to the US Embassy but that may be a slow process. Any ideas?
Thanks everyone
I really need something in writing about my specific case to argue with my ex's letters from his attoutrney. i have written to the US Embassy but that may be a slow process. Any ideas?
Thanks everyone
Dec 4th 2008, 3:08 pm
#146
Dizzy Blonde
Joined: Sep 2007
Location: Cincinnati, Ohio.
Posts: 964
Re: Son visiting UK whilst applying for Visa
Considering that the bottom line as far as visa's are concerned is what the ConOff / Embassy says, I would imagine that his lawyers letter is worthless - lawyers don't tell the embassy what they can do!
Good news about the hearing on the 8th, let us know how you get on
Good news about the hearing on the 8th, let us know how you get on
Dec 4th 2008, 4:14 pm
#147
Account Closed
Joined: Mar 2004
Posts: 2
Re: Son visiting UK whilst applying for Visa
Print off the vWP section from the Consulate web site.
Dec 4th 2008, 9:56 pm
#148
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Thread Starter
Joined: Nov 2008
Posts: 59
Re: Son visiting UK whilst applying for Visa
Considering that the bottom line as far as visa's are concerned is what the ConOff / Embassy says, I would imagine that his lawyers letter is worthless - lawyers don't tell the embassy what they can do!
Good news about the hearing on the 8th, let us know how you get on
Good news about the hearing on the 8th, let us know how you get on
Dec 4th 2008, 10:24 pm
#149
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Son visiting UK whilst applying for Visa
The US embassy website says about AP 'Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency.' Is that right? It does not sound like it is meant to be used to travel back and forth for routine visits.
Rene
Dec 4th 2008, 11:43 pm
#150
BE Enthusiast
Joined: Nov 2008
Location: Quebec, Canada
Posts: 976
Re: Son visiting UK whilst applying for Visa
Sounds like they are talking about Humanitarian Parole which can be used to bring an otherwise ineligible alien into the US on an emergency basis. Don't see how that would apply in this case, though.