aj0607

I would really appreciate any advice please...I moved to the U.S when I was 16 and was able to quickly obtain a green card as my father was a PR. I stayed for 8 years and then moved back to U.K. I have been back in U.K for 14 years now and 3 years ago looked into whether I could return to the U.S on my old green card. I was advised that now my father is a USC and I had been gone for so long, I would need to start from the beginning and file as F3 I-130. I did that in Oct 2007. I look at the visa bulletin every month and can see that those who applied in March 2002 are getting their visas now. Does this mean I have another 5-6 years to wait? Also, is it possible for me to do some of this waiting in the U.S by means of a student visa? I am a teacher and have almost completed my masters and was wondering if it was possible to do the conversion qualification (to be a teacher in the u.s) in the next few years so that I would be ready to go once I got there. I open to any ideas anyone may have about how to spend some of this time in the U.S whilst waiting for the family visa to come through.

ian-mstm

If your GC doesn't have an expiry date on it, you lose nothing by attempting to enter the US using your GC. If you're admitted, you maintain your PR status (and should probably renew your GC immediately if that happens). If you're not admitted, you still have the right to a hearing in front of an Immigration Judge who will make the final determination of whether or not you have abandoned your status. Time outside the US, by itself, is insufficient to prove abandonment.


No... well, yes - okay... maybe! Processing dates aren't linear and you have no idea how many people are still in line ahead of you. Things may speed up, slow down, or even go backwards! But, still... you're looking at a substantial wait.


If you're eligible for and get the visa, yes!


A terrific idea! Welcome to BE!

Ian

aj0607

Unfortunately my green card expired in 2004. I have spoken to 2 different immigration lawyers on the phone who said that I have no options but to start again. One even quoted a 15 year wait for my category!! Do you think it is worth investigating further and what is your guess on the wait time for Oct 2007 PD? Thanks for any ideas/advice

ian-mstm

If you have ever had a claim to PR status, you have a right to a hearing before an IJ. But... I suppose that's water under the bridge now!


http://travel.state.gov/visa/bulleti...etin_5113.html. I see you're over 21, but are you married? If so, then yes - you're in F3, but if not, you're in F1 which is a bit more current. Oh - I do want to correct a common misconception. Once your priority date becomes current you don't immediately get a visa... but you will be asked to apply for one. Once that happens, you're only about a year away from getting it.


Always - there's nothing to lose!


Probably another 4 years... maybe 5. Things seem to have been speeding up a bit of late.

Ian

aj0607

Thank you Ian I appreciate your advice. I am married so I guess that makes my wait a bit longer. You say it is always worth investigating...do you have any idea where I could start? Also regarding doing some waiting on another visa (i.e student visa) do you have any idea how I would find out about how to convert my teacher status in the U.K to become qualified in U.S. Oh and one more thing, Ian for those who applied in March 02 and are getting their visas now (or not??) does that mean their PD is March 02 and their date is on the bulletin now but they still have another year to wait?? If so that means I may even have 6 years. I know you don't have a crystal ball but just so I have a better idea. Sorry so many questions!

ian-mstm

It's a funny thing about attorneys - they almost never have to deal with the consequences of their own advice... although I do understand why they would suggest that you start from scratch. Unfortunately, the only way to know for sure what will happen is to try! That means a trip to the US and an attempt at entry using your expired GC. You may think that's too risky or too expensive... but it does give you another choice. The only downside is the time/money invested in such a trip, knowing in advance that it may ultimately get you nowhere.


Your question addresses two different issues.

First... a student visa (F-1) allows you to come to the US to attend school - be it a college or university. If you're currently completing a Master's degree, I'm not sure an F-1 would be suitable unless you want to tackle an EdS or EdD/PhD. I'm currently working on an EdS+PhD.

Second... employment. It's not so much about converting your qualifications as it is about becoming eligible. To teach in a high school the US, you'll almost certainly need to take Praxis (http://en.wikipedia.org/wiki/Praxis_test)... but if you pass, you will likely be eligible to teach. You won't need Praxis to teach at the college or university level. To work, you'll likely need an H-1B visa. The only drawback to an employment-based visa is getting sponsorship for the visa in the current economy.


The PD gives you a place in line for a visa. The Visa Bulletin shows which PDs are current. When a PD becomes current, it means that a visa is available... but you must still apply for the visa. The I-130 is merely a petition that establishes the relationship between a USC and a non-USC and provides the basis for the visa application. Family-based visas usually take 8-10 months to process... which is why it'll be about a year from the time your PD becomes current until you interview and get the visa.

Ian

aj0607

A few more questions if you don't mind...what is an Ed/S? I'm guessing if you are doing both an Ed/s and Phd they are two different qualifications. Do you think it would be easy for me to study and Ed/S on a student visa. I would not need to work at the same time..I just would like to spend some time in U.S to research my options once I get there for good. I was considering the option of studying for a teaching qualification (to convert u.k to u.s or taking the post grad again but over there) simply to be prepared for when I get there whilst being in the area we'd like to live etc, etc.

I feel like entering the country on my expired GC would be too risky for me. The expense of the trip is not the problem but being exported or causing any risk to my 'new petition' is not something I want to do. If I could arrange a hearing with an Immigration Judge (is that an option??) to plead my case, I would be up for that. I'm guessing I'd need an immigration attorney who specializes in 'abandoning GC'???

I totally understand that the work visa idea is a real long shot in the economic climate. I just would love to find a way of getting over quicker than my I-130 will get me there. If there was a loop hole to regain status on my old GC I think that is my only hope. Anyway, Ian please tell me what you think when you have the time, Thanks

scrubbedexpat099

What would be the basis of your pleading?

There is also the SB1.

ian-mstm

The EdS is an Education Specialist degree - it's usually a 36 hour (3 years) post-Master's education qualification. My school automatically awards an EdS after all the course work is finished and prior to the start of the doctoral dissertaion. I'm not sure if you know, but in the US, Bachelor degrees take 4 years and Masters degrees another 2 years.


All you need is the time and the money... but, yes!


I don't remember if anyone has actually asked the question before... about arranging a hearing with an IJ. I'm guessing you can - and you would definitely want to talk to an immigration attorney and probably have him accompany you to the hearing. I see that Boiler suggested an SB-1... that's also a way forward for you. A quick Google search should get you the info on that.


Well, it's not your only hope, but it may be quicker!

Ian

aj0607

The basis of my pleading does not fit the criteria of the SB-1 as I read it. However, when I left the U.S at 23 I did have a re entry permit as I was unsure how long I would be gone. I came back to the U.K for family reasons and as I was young and naive thought my entry permit along with entering the u.s once a year would cover me for 2 years and then I would need to enter once a year after that. Anyway, one year (and as a student) I was unable to afford to fly to u.s and thought that I had no other option than to stay in the u.k. Years later I now have a young family and my only family (father) is in the U.S and so want to be nearer to him. I have filed an I 130 and so put the wheels in motion but the wait for me is a major issue (as I know it is for most). It just seems like if I will get approved in the long run anyway, had previously live there with no criminal offences etc, paid taxes etc and now have a profession and can financially support myself etc- why can I not get back on my old GC??

Anyway, just a few quick questions on the Ed/S. Is that 36 hours a week for 3 years? Would that be an F1 student visa if I could get on? How much approx for fees (I have no idea so a ball park figure is all )? Does the BA being 4 years and the Masters being 2 years have any implications for me if I did a 3 year BA, 1 year PGCE (teacher training at post grad level) and am studying my masters part time so far 3 years? Do you think these qualifications would be recognised in U.S. I appreciate this is alot but am feeling like there must be a way, Zoe

scrubbedexpat099

What have you done to maintain your GC status in the last 14 years?

I presume you have been filing your US tax returns.

ian-mstm

The US university system is a bit different than the UK. When I say 36 hours, that means 12 courses, each worth 3 credit hours. Three credit hours means one 3-hour class per week (eg. Wed 6-9 / or three 1 hr classes (eg. M/W/F 2-3)) for 15 or 16 weeks. Most people take 2 courses per semester (two 3 hr classes = 6 hours), so you could do an EdS in 3 years (= 2 semesters per year). I hope I made that understandable.


Oh my, yes. I'll add here that if you were attending full-time (usually 9 credit hours per semester) which you'd likely need to be for an F-1 visa, you'd probably be able to finish in 2 years IF the course was structured so that all courses were available! Where I am, not all courses are available each semester (which works fine for me, though). The rules are different for graduate students than for undergraduate students - but you'd need to check that out with the specific program at whatever school you want to attend.


I pay $3000/course. I'm not sure if they have international fees at the post-Masters level (they certainly do at the undergraduate level) so, again, you'll need to check that out. Each school's fees will be different. You'll also need to demonstrate that you can support yourself for the time you'll be in the US.


That I really don't know. Each school decides what it'll accept for qualifications.


I'm guessing they would - except for the PGCE (which has no equivalent in the US... except maybe what used to be called "teacher's college"). Sorry - I know that doesn't help you too much.

Ian