Green Card still valid, living in UK, visiting US
Jul 20th 2013, 8:36 pm
#16
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Thread Starter
Joined: Oct 2005
Posts: 151
Re: Green Card still valid, living in UK, visiting US
I am not goofing off, I just don't have a clear plan for the future, and as I am 6 months pregnant, and travelling with my daughter, want this 2 week trip to go smoothly. I have to work in the UK after I graduate from my doctorate in 2 years time for 2 years to validate the qualification, and am flying out on Saturday so time is very limited.
My funds are also extremely limited right now, as I am on a study bursary and will have to take unpaid leave to have the baby, and I was under the impression you have to pay for the extended leave of absence, which would last less than the time I am planning on being in the UK. My husband is also applying for ILR in the UK, so the case looks like we are settling in the UK, even though our future plans are not confirmed...
My funds are also extremely limited right now, as I am on a study bursary and will have to take unpaid leave to have the baby, and I was under the impression you have to pay for the extended leave of absence, which would last less than the time I am planning on being in the UK. My husband is also applying for ILR in the UK, so the case looks like we are settling in the UK, even though our future plans are not confirmed...
Jul 20th 2013, 9:10 pm
#17
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Joined: Sep 2012
Posts: 214
Re: Green Card still valid, living in UK, visiting US
Have you considered just not going on the trip and letting your husband and daughter go alone? 6 months pregnant on a transatlantic flight with no US health insurance, very limited funds and the possibility of immigration hassles taking up and possibly extending your short vacation - I'd just stay home.
Jul 20th 2013, 10:53 pm
#18
Member
Joined: Apr 2001
Posts: 14,049
Re: Green Card still valid, living in UK, visiting US
+1
So see a US immigration attorney and get some knowledgeable advice on how to best prepare yourself for an uncertain future.
Regards, JEff
Jul 21st 2013, 12:02 am
#19
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Thread Starter
Joined: Oct 2005
Posts: 151
Re: Green Card still valid, living in UK, visiting US
Staying home is not a possibility. I have purchased good travel insurance which covers pregnancy. Why would my stay be made longer my immigration?
Jul 21st 2013, 2:50 am
#20
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Joined: Feb 2004
Location: Midlands - MA - CO-CA
Posts: 2,763
Re: Green Card still valid, living in UK, visiting US
At this stage in pregnancy, it's not unheard of to give birth prematurely and baby needing an extended stay in hospital and you having to stay with said baby until it is it a fit condition to travel. If I have got the wrong end of the stick, I apologize.
Jul 22nd 2013, 11:41 pm
#21
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,424
Re: Green Card still valid, living in UK, visiting US
The comprehensive guide to OP's questions can be found in two BIA cases:
Matter of Kane and Matter of Huang
Huang might be of particular interest to the OP. Do consider I-131 re-entry permits or perhaps SB-1 visas. Keep up those income tax returns on worldwide income.
You might want to consult with an immigration attorney qualified to advise on "abandonment" issues. Unfortunately, not many immigration lawyers are truly qualified on the subject. It might be a good idea to ask the attorney if they have ever actually TRIED an abandonment case. When I was in practice I think I tried maybe four or five if memory serves me correct. And I had to re-read Kane and Huang every time.
Matter of Kane and Matter of Huang
Huang might be of particular interest to the OP. Do consider I-131 re-entry permits or perhaps SB-1 visas. Keep up those income tax returns on worldwide income.
You might want to consult with an immigration attorney qualified to advise on "abandonment" issues. Unfortunately, not many immigration lawyers are truly qualified on the subject. It might be a good idea to ask the attorney if they have ever actually TRIED an abandonment case. When I was in practice I think I tried maybe four or five if memory serves me correct. And I had to re-read Kane and Huang every time.
