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American Mumsnetters - Green Card Help Appreciated

(21 Posts)

By Tue 27-Oct-09 10:20:37 Add message | Report | Contact poster

Morning all,

SIL (british) moved to USA in 2002. Her DS went with her. She married an American in 2003.

She's not been back since because she's never got a green card. Her DS is naturalised (is that the right expression? I mean he can come and go from US as he pleases) but SIL has never sorted it out - always said it costed too much. Said she couldn't leave America because she wouldn't get back in!

Now it wasn't really ever a problem and MIL used to go over for a month every year, but the last 2 years has been very ill, so hasn't been able to go. Obvs means she is missing her DD and DGS terribly. We cant see her ever being able to travel again.

SIL has now been in touch and wants to come over to see her mum. However, she has asked for some financial assistance as she says it is going to cost her $6000 to get a green card.

Now we are very happy to help, and can, if only to see MIL happy but that seems like a hell of a lot of money.

Would this be about right? Other complication is that SIL doesn't have a bank account so has asked that the money goes to her DH. My DH doesnt trust her or her DH so has said that we should do it through solicitors (ie get one here that would deal with one over there). Is that a good idea?

Any advice you could give would be appreciated - if $6K is right (or in the ballpark) that's cool, but we dont want to be taken for a ride if it isn't (SIL and BIL have had lots of money troubles in the past - hopefully that is all behind them, but we want to be sure before we fork out).

Is there anyone there in the know regarding Green Cards who could offer any advice?

Thanks smile

Add message | Report | Contact poster By Thu 05-Nov-09 17:29:17

From my experience of living in the US on an F1 (student) and then 2 H1B's (work visa's) and knowing other 'aliens' marrying US citizens (including just recently my DH's cousin) I would totally agree with having to lawyer up with an extremely experienced immigration expert. Its also going to be a long and protracted process to obtain the correct residency status, it takes years even if you were completely legit from the get go and if you make a mistake (like writing the chq out for the wrong amount) you're set back months. Its probably easier (and cheaper) for her and her husband to move to the UK establish themselves properly and then return after a few years with the proper paperwork.

TBH they both sound very naive if not very irresponsible. Also agree that anybody that says they can sort them out in 3 months is completely ripping them off.

Add message | Report | Contact poster By Tue 03-Nov-09 12:34:59

I think she needs to prepare for the worst. From what you have said, the road to legality isn't going to be an easy one for her.

One of her options should be to voluntarily return to the UK to live here permanently.

Add message | Report | Contact poster By Tue 03-Nov-09 09:07:04

Well her mam has asked her loads of questions, but we haven't got any answers yet. I'm worried that she hasn't looked into this properly and doesn't realise the implications.

We are still happy to help her, but want to be sure she is doing this right. The whole move over there was very rushed (knee-jerk) and I cannot believe she got anything in place before she left.

I know she has been working 'cash in hand' and that her DH either has lots of work or none at all, but I assume she hasn't been able to save which is why she is asking for help now - but it seems from what you have all said that 6K may be a drop in the ocean.

God, I dont know, we are just going to have to wait to speak to her - We cant even get her on the internet.

Thanks for all your advice, I may need more later on!

Add message | Report | Contact poster By Sun 01-Nov-09 13:35:25

Any news, LED?

Add message | Report | Contact poster By Thu 29-Oct-09 19:23:12

Don't mess with them and never, ever lie to them.

Looking deeper into this case, there is no way she can be eligible for AOS. Her EWI puts paid to that.

I would imagine that it is difficult to live as an illegal immigrant without breaking a whole host of other laws.

Add message | Report | Contact poster By Thu 29-Oct-09 18:24:37

If she had a gap between her visa's expiration and her marriage she could not automatically get a green card. If you overstay your visa you are illegal, even if you marry a citizen after the expiry date. If she married before the visa expired, then she might have some hope (WARNING I'm not a lawyer so this is not a qualified opinion) of getting the mess sorted without waiting too long.

LOL Mananny, I know you didn't mean to be funny, but "Do not mess with USCIS" should be their motto grin

. They are very scary. They do not deal with voters and therefore treat people with absolutely no respect.

Add message | Report | Contact poster By Thu 29-Oct-09 17:00:10

Edited to add: IF she married in 2003 why did she not get a Green Card then through the marriage??? hmm

Add message | Report | Contact poster By Thu 29-Oct-09 16:59:02

My advice: do not mess with USCIS. I could not stay in the USA as I could no longer afford to maintain my status (F1) so I left. She should seek legal advice asap but in all likelihood the lawyer will advise her to leave voluntarily whilst she has a choice in the matter. Visa's are extremely hard to get these days and if she has been out of status for 7 years the authorities are not exactly going to welcome her with open arms unfortunately.

Add message | Report | Contact poster By Thu 29-Oct-09 16:50:40

Reading some of the threads on British Expats, it seems likely that she will spend a few days in jail followed by deportation and a minimum 10 year ban.

She may be in a more favourable position if she voluntarily left the US (following a recommendation from her attorney), and then apply for an immigrant visa in London. This would be denied but a lawyer can file a waiver (which is a type of appeal). A 7 year overstay is a long time, so the process will be hard.

She should also consider moving back to the UK permanently with her husband and child.

Any lawyer who says he can fix this in three months is lying.

Add message | Report | Contact poster By Thu 29-Oct-09 14:32:40

The Pledge of Allegiance thing is just as Wicked explains. Children do this at school every day, first thing. The DS could get into any school as long as he lived in the school district (catchment area). They are very strict about residency in the district, but all you have to prove is that you reside within the area; it is not in the remit of the school to check whether you are living illegally in the US. And being an English-speaking child, no-one would be suspicious that he was illegal, in all likelihood.

I agree with everyone here who warns against going it alone with the immigration authorities. She needs that lawyer. And she needs to be a lot more sensible than she has been up to now. I hope it does get sorted out in months rather than years. Her DS needs papers too or he won't be able to qualify for any financial aid for any college in his future, despite the fact he will have lived almost his whole life in the US and gone to school there. And education beyond high school is very important in the US if you want to get ahead.

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American Mumsnetters - Green Card Help Appreciated