USatHEART

Hi All

I have a query that I hope someone can help me with because I am just really confused as to how to go about this.

I am a British Citizen living in UK but have lived and worked in USA previously (13 years ago) for 7 years on a temporary residence visa. This was due to be made permanent but I fled back to the UK from a violent relationship about a month before this was to be made permanent and have done nothing about it. I have a daughter that was born in the US and a daughter that was born in the UK. They are now both teenagers and we want to relocate back to the USA asap.

I don't have any connection to the USA other than my daughter who was born there and we are looking to obtain a US Passport for her.

How likely is it that if I apply for a visa or permanent residency, it will be accepted? How long is the process? And how difficult will it be?

Thanks for your time

USatHEART

Almost forgot to ask ...... If I just go to USA on tourist visa, and then apply for green card (or relevant visa), would that work? Because that was going to be my most likely option. I am afraid my visa application will be declined and then denied entry into the US as a result.

crg

Entering as tourist with the intention to apply for adjustment is a violation of the immigration laws. Also, you would still need a basis for the application to be approved. It would likely take quite some time to approve so you would likely fall out of status and not be authorized to work in the interim.

You would have to find a way to qualify to live/work in the US and a minor US citizen child cannot sponsor you. Even if the US citizen child were old enough, the non-US child could not accompany you based on that relationship because the US sibling sponsorship takes more than a decade.

Ignore the fact that you worked there before and that one child is US. It sounds like you have to start from scratch.

Here is some reading material:

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

scrubbedexpat099

Your Daughter can sponsor you when she is 21.

ian-mstm

When she turns 21, your US citizen daughter can petition for both you and your other daughter. You will get an immigrant visa within about 10 months, but your other daughter will likely have a wait of about 12 years before she gets a visa.

As to your other question, it is illegal to enter the US as a tourist with the intention to stay and adjust status.

You mention a "temporary residence visa". I'm not sure there is such a thing, so if you could clarify exactly what your status was in the US during that time, it'd be helpful. If you actually had a "green card" and you were forced to leave the US, you might be able to file a "returning resident visa" application. If you did not have a "green card", I'm afraid you'll probably need to wait until your USC daughter turns 21 before anything is going to happen.

Edit: While it's probably not your preference (or hers), your USC daughter can return to the US any time she wants... regardless of whether or not you have a visa.

Ian

USatHEART

I had/have a green card which was in 'temporary' status when I left. I don't know if I have much chance of returning on that as it was due to become 'permanent' after I left, and I didn't return to the US (or go to the US Embassy in the UK) to take it any further.

fatbrit

Your US-born daughter requires a US birth certificate, US passport and US social security card to document her US citizenship. She should also make sure she has a UK consular record of birth and UK passport to document her UK citizenship.

Sounds like your US residency has probably been lost.

Your US-born daughter can sponsor you after she turns 21 provided she lives (or intends to live) in the US. This will take about 10 months for the paperwork. She can also sponsor her sibling, but this has a long line for visa numbers and will take over a decade.

Noorah101

The correct term for the 'temporary' status is "conditional permanent resident" status. Just for others who read this.

Since you left the USA so long ago, and you never removed the conditions from your 2-year green card, you have most likely abandoned your permanent resident status. You will need to find your own way into the USA via a work, student, or investment visa. As others have said, if you want to rely on your USC daughter, you must wait until she's 21 and living in the USA so she can file an I-130 for you.

Rene

ian-mstm

I didn't suggest you try to return with your expired GC (which, by the way, is not a visa). I suggested a "returning resident visa" - a related, but totally different animal. Google is your friend... and, other than the fee, you have absolutely nothing to lose by trying.

Ian

crg

I don't think he has much of a chance at being successful because, unlike a regular permanent resident, a conditional resident alien automatically loses LPR status after two years unless they file the I-751.

fatbrit

Actually, I do think you have something to lose. If you apply for a returning resident visa, the onus is on on you to prove that you have not relinquished your residency. However, if you gate crash the border and demand a judicial hearing, that burden then passes to the government. Being denied a returning resident visa prior to gate crashing the border would not look good.

P.S. In this case, I don't see much hope for either scenario.

USatHEART

Thanks for your input guys! A lot more difficult than I originally thought! I think it's time to get an immigration solicitor and discuss my options (I was hoping to avoid this option due to cost)

Thanks again

Noorah101

You can probably find a few options without consulting an immigration attorney....did you read the link provided in Post 3 of this thread? That's where you need to begin, to see which visa you might qualify for (if any).

Rene

USatHEART

I did look at the link and have been to many many sites to see where I might fit in but I feel my case is a little more complicated and wouldn't know which visa to apply for. I am just really confused at the moment

Noorah101

Try this link, the questions are a little simpler:

http://britishexpats.com/wiki/Pulaski_Simplified

As for knowing which visa to apply for....it basically boils down to 3 categories: work (do you have the education, experience, and skills required?), student (do you want to attend university in the USA?), or investor (do you have enough cash to invest?). You can forget immigrating based on your USC child until she turns 21. You can forget about returning on your long-ago-expired green card.

So, it's not really all that complicated.

Rene