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Son visiting UK whilst applying for Visa

Son visiting UK whilst applying for Visa

Old Nov 26th 2008, 8:44 pm
  #91  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Elvira
Oh no - it's usually quite simple: "what is the purpose of your visit?" --> "Visiting New York City!" --> "have a nice day"... (or, more usually "grunt" )

Though they *may* ask "How long are you planning to stay"...
You're talking about immigration. It's the airlines who check for return tickets. They're not allowed to put you on their plane if you don't have a return pass. I was once refused permission to board a plane because I didn't have a return. Ended up purchasing a single ticket home again, then getting a refund while I was abroad.
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Old Nov 26th 2008, 8:50 pm
  #92  
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Default Re: Son visiting UK whilst applying for Visa

Wouldn't her ex's plan to basically commit immigration fraud would help her situation..basically showing he does not have good, moral character? Em, does your ex already have a visa to immigrate to the US? I'm sorry if you already answered this, but I must have overlooked it.

If he does not have a visa already, then he will absolutely be committing immigration fraud. If, worst case scenerio, he gets the Permission to leave Jurisdiction, and he enters the US, you could potentially get his Adjustment of Status petition denied - which would mean he would get deported back to the UK, along with your son. Granted this could take many months, but it would ultimately work out I would hope.

Not only do you need to contact authorities about the possibility of him kidnapping your son, you need to make sure relevent info gets into the hands of USCIS that could prevent his Adjustment and gets him deported from the US. He has clear intentions of immigration fraud, and all his money may not get him out of the consequences. Though I'm not really sure how you could make sure this info got into USCIS or ICE's hands.

Last edited by Bluegrass Lass; Nov 26th 2008 at 8:54 pm.
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Old Nov 26th 2008, 8:50 pm
  #93  
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Default Re: Son visiting UK whilst applying for Visa

OK, you can look at this a different way.

Just putting the immigration issues to one side for now -

Your son is 14 years old. Its a wierd age - they all think they are adults, we all think they are children, and in the eyes of the law they are children.

You could always let him go. I know it sounds awful and you don't want to do it, but if he does want to go, Then by stopping him, there is a chance it could affect your relationship with him permanently, to the extent that if the father does win his case, and you have put your son through all the turmoil fighting it, that your relationship will never be the same again, and you will be the big bad mum that stopped him from experiencing the world (which is how it could be brainwashed into him)

It sounds like your ex has money, so why not play him at his whole game? If you continue to fight him, it is going to cost him, which I'm sure he doesn't want, so why don't you reach an agreement where on the condition that he obtains the correct visa for your son, and does not involve him in his own selfish plans to mislead the immigration authorities, you will give your consent to your son moving to the US, subject to certain conditions about contact.

When you go to your residency hearing if it is put to the judge that you are concerned about the methods being employed to deceive the immigration authorities and how that will have long term effects on your son, you are showing you are a responsible parent. You are also showing that you are being reasonable and putting the wishes of your child first.

At the end of the day, he is a teenager, not a 3 year old, he can't be made to forget about you, and if you were really worried about him not coming back to england, why not put a clause in the contact agreement that your ex pays for your hotel and plane fare for you to visit your son in the states?

I know its not what YOU want, but in the eyes of the law this is not about you. Its about what is best for your child. Perhaps sometimes it is better to let them see themselves that the grass is not greener on the other side.
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Old Nov 26th 2008, 9:02 pm
  #94  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by sunflwrgrl13
Wouldn't her ex's plan to basically commit immigration fraud would help her situation..basically showing he does not have good, moral character? Em, does your ex already have a visa to immigrate to the US? I'm sorry if you already answered this, but I must have overlooked it.

If he does not have a visa already, then he will absolutely be committing immigration fraud. If, worst case scenerio, he gets the Permission to leave Jurisdiction, and he enters the US, you could potentially get his Adjustment of Status petition denied - which would mean he would get deported back to the UK, along with your son. Granted this could take many months, but it would ultimately work out I would hope.

Not only do you need to contact authorities about the possibility of him kidnapping your son, you need to make sure relevent info gets into the hands of USCIS that could prevent his Adjustment and gets him deported from the US. He has clear intentions of immigration fraud, and all his money may not get him out of the consequences. Though I'm not really sure how you could make sure this info got into USCIS or ICE's hands.
Hi - he is married to an American so has his green card. It is my 14 year old who does not.
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Old Nov 26th 2008, 9:04 pm
  #95  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by ;7013345
Ironically I do qualify for legal aid but my lovely ex keeps on making allegations about me to lSC and so they keep investigating me which means that they keep on putting an embargo on my legal aid whilst they investigate. This could leave me without legal aid for the hearing which is what my ex is trying to achieve
So why can't you ask for a postponement of the hearing based on the legal aid situation being unresolved?

Last edited by Rete; Nov 27th 2008 at 11:54 pm.
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Old Nov 26th 2008, 9:05 pm
  #96  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by clarissageo
OK, you can look at this a different way.

Just putting the immigration issues to one side for now -

Your son is 14 years old. Its a wierd age - they all think they are adults, we all think they are children, and in the eyes of the law they are children.

You could always let him go. I know it sounds awful and you don't want to do it, but if he does want to go, Then by stopping him, there is a chance it could affect your relationship with him permanently, to the extent that if the father does win his case, and you have put your son through all the turmoil fighting it, that your relationship will never be the same again, and you will be the big bad mum that stopped him from experiencing the world (which is how it could be brainwashed into him)

It sounds like your ex has money, so why not play him at his whole game? If you continue to fight him, it is going to cost him, which I'm sure he doesn't want, so why don't you reach an agreement where on the condition that he obtains the correct visa for your son, and does not involve him in his own selfish plans to mislead the immigration authorities, you will give your consent to your son moving to the US, subject to certain conditions about contact.

When you go to your residency hearing if it is put to the judge that you are concerned about the methods being employed to deceive the immigration authorities and how that will have long term effects on your son, you are showing you are a responsible parent. You are also showing that you are being reasonable and putting the wishes of your child first.

At the end of the day, he is a teenager, not a 3 year old, he can't be made to forget about you, and if you were really worried about him not coming back to england, why not put a clause in the contact agreement that your ex pays for your hotel and plane fare for you to visit your son in the states?

I know its not what YOU want, but in the eyes of the law this is not about you. Its about what is best for your child. Perhaps sometimes it is better to let them see themselves that the grass is not greener on the other side.
HI - those are good points and ones which I have considered. I wouldn't mind so much if the paperwork was applied for properly whilst my son remains with me. At least this would give me a few more months with my son, who might grow up a bit in the meantime! I would like him to stay and get his GCSE's (he is in his first year of studying for them) and then I would be much happier about him going
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Old Nov 26th 2008, 9:05 pm
  #97  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Giantaxe
So why can't you ask for a postponement of the hearing based on the legal aid situation being unresolved?
I don't think the court would do that but I could ask...
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Old Nov 26th 2008, 9:10 pm
  #98  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by ;7013439
Hi - he is married to an American so has his green card. It is my 14 year old who does not.
Hmmm..Hopefully someone else can pipe up here, but I would think that his clear intentions to bring his son over, w/out a visa, and with the intention to apply for his Adjustment of Status within the US, could jeopardize his Green Card. Em, the USA can strip a person of their Permanent Resident status if they are found to broken laws - I don't know if this situation would be serious enough for them to do that, but it could be worth finding out.

Last edited by Rete; Nov 27th 2008 at 11:54 pm.
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Old Nov 26th 2008, 9:11 pm
  #99  
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Default Re: Son visiting UK whilst applying for Visa

mum,
Not that it matters anymore, but I wonder how your ex did his own immigration to the USA. If he also did the VWP ---> AOS, that probably explains why he thinks it's OK. And the letter from the lawyer is just confirming that, even though it's not true.

Rene

Last edited by Rete; Nov 27th 2008 at 11:55 pm.
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Old Nov 26th 2008, 9:20 pm
  #100  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Noorah101
,

Not that it matters anymore, but I wonder how your ex did his own immigration to the USA. If he also did the VWP ---> AOS, that probably explains why he thinks it's OK. And the letter from the lawyer is just confirming that, even though it's not true.

Rene
Unsure how he did it exactly but he originally went out when we were still married on a 3 months contract with his company. He then extended that to 6 months and then decided to stay, his company helped him get his green card and then he married. He may have gone out on a visitors visa originally.

Last edited by Rete; Nov 27th 2008 at 11:55 pm.
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Old Nov 26th 2008, 9:21 pm
  #101  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by ;7013524
Unsure how he did it exactly but he originally went out when we were still married on a 3 months contract with his company. He then extended that to 6 months and then decided to stay, his company helped him get his green card and then he married. He may have gone out on a visitors visa originally.
Oh, OK. So he didn't even get his green card through marriage to a USC. So never mind.

Rene

Last edited by Rete; Nov 27th 2008 at 11:55 pm.
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Old Nov 26th 2008, 9:46 pm
  #102  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by ;7013451
HI - those are good points and ones which I have considered. I wouldn't mind so much if the paperwork was applied for properly whilst my son remains with me. At least this would give me a few more months with my son, who might grow up a bit in the meantime! I would like him to stay and get his GCSE's (he is in his first year of studying for them) and then I would be much happier about him going
Disruption of his education is a very important issues, and a point in your favour. The US school system is very different from the UK, so switching from one to the other is not straightforward.

I am wondering how your son (and the Courts) would view the following scenario:

- son stays in UK till he has finished A-levels (or IB)
- gets Immigrant Visa and moves to US and works for a year (i.e. a kind of gap year)
- THEN decides whether he wants to go to uni in the US or UK

After a one-year absence, he should still qualify for UK resident's fee, but a year's US residence would also qualify him for in-state fees in the US.

If he were to return to the UK to study, he could get a re-entry permit to preserve his US residency. By the time he graduates, he would hopefully have a better idea of where he wants to live!

Last edited by Rete; Nov 27th 2008 at 11:55 pm.
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Old Nov 26th 2008, 9:48 pm
  #103  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by ;7013451
HI - those are good points and ones which I have considered. I wouldn't mind so much if the paperwork was applied for properly whilst my son remains with me. At least this would give me a few more months with my son, who might grow up a bit in the meantime! I would like him to stay and get his GCSE's (he is in his first year of studying for them) and then I would be much happier about him going
From what you have said here, is there really any point in putting yourself and your son through the stress of doing a complete ban on him going to the US?.... I think your reasoning about wanting him to complete his GCSE's is very strong, and combining that with your argument about the fact your ex is looking to lie to immigration to get your son into the US, I think would hold very strong with a court. Include the cockiness of him booking a flight which would rub any judge up the wrong way, and I think with the right lawyer you could very well look good in court.

I can't see any judge condoning immigration fraud, and the route in which your ex is attempting to have your son go to the US is quite simply that. Most lawyers will give a free first initial consultation, and even if you were to have a consultation where you were prepared to have that lawyer draft you a letter which could result in you gaining those extra 8-12 months and settling out of court could well be worth the couple of hundred pounds it would cost. Many lawyers will have some system set up where you can pay monthly also.

In the meantime, you really should apply for a prohibitive steps order which will stop your ex taking your son out of the country. Also, depending on how mature your son is emotionally / mentally, at his age it could well be worth being open with him about your concerns as far as immigration goes and the long term affects it could have on both him and his father if it is not done properly, that in itself may make him see that by waiting for the process to be completed properly he can eventually go to the US, complete with GCSE's under his belt, and not have to always look over his shoulder and wonder if he's going to be packed on a flight home.

Of course, if you do manage to do it like this, just bear in mind that if your son can go to the US, and stay there until he gets citizenship, eventually he will be able to sponsor you, and you can go to! all courtesy of your ex!!

Last edited by Rete; Nov 28th 2008 at 12:19 am.
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Old Nov 26th 2008, 9:51 pm
  #104  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by clarissageo
........ bear in mind that if your son can go to the US, and stay there until he gets citizenship, eventually he will be able to sponsor you, and you can go to! all courtesy of your ex!!
What about her other children?

The OP has not yet expressed any interest in moving to the US.

Strangely enough, not everyone actually wants to live in the US...
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Old Nov 26th 2008, 9:55 pm
  #105  
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Default Re: Son visiting UK whilst applying for Visa

Originally Posted by Elvira
What about her other children?

The OP has not yet expressed any interest in moving to the US.

Strangely enough, not everyone actually wants to live in the US...
Just pointing out an additional benefit to her son going to the US..... a light hearted end to a post which I thought contained some helpful information for a poster who is obviously being torn apart at the moment. Hence the wink.
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