Will Related but added complication of Illegal Immigrant!

[exLtEveDallas]

I'm after any suggestions - because I'm stumped.

A benificiary of a family members will moved to the USA 15 years ago. She married an American. She kept British Citizenship initially and has never green carded etc.

Her British Passport ran out 8 years ago and she never renewed it.
She doesn't have a bank account.
She works cash in hand.
She is technically (I think) an illegal immigrant.

Her DH works, pays tax etc.
They have a huge medical bill related debt.

She is due a good sum of cash from the will.

How on earth do we get this money to her?
There is a Solicitor involved over here, but he hasn't yet been told the extent of the problem - because we didn't know about it till last week! The executor would rather not involve him in case it shines a light on the relatives immigration status.

Any ideas?

The last time my DH flew to the US he applied for the ESTA online (no paperwork in passport) but they did have his passport number and he had to fingerprint on landing and before leaving the country. I really doubt that someone could easily catch a flight to the UK without it becoming apparent that they were in the US illegally in the first place.

If the relative leaves the US it will be indeed be clear she has been in the US illegally. That will cause her problems reentering the US, that’s why she doesn’t leave. She will not have problems entering the UK, where she has an absolute right to reside.

But the OP's family issues are less to do with Trump than with the UKBA frankly

Let's pick this apart.

She will be able to produce plenty of proof she is a UK citizen.

That said - Could it be a bit more of a hassle to get her passport renewed? Yes, but not because of this Tory Government's policies. If she looks nothing like her passport photo and really, really doesn't have ANY current official ID whatsoever it may be difficult for her to prove she is the person she says she is, through all of the other documents and not engaging in identity fraud.

I venture they will ask some questions as to why she is in the US but more by virtue of - why don't you have a Green Card/Drivers License/US passport for us to review as proof of idea. This is how the conversation will start.

If she can prove who she says she is, they will certainly issue the passport (there is really no reason not to, it is very far fetched to think they wouldn't.)

What I don't know is if the British consulate would be under some obligation to alert the authorities she has overstayed. When I lost my passport in Poland the US embassy didn't give a shit whatsoever and sent me on my way. The British embassy may take the same view. This was, however, prior to 9/11, so things may have changed. But no one on this thread has the facts around this.

I can't see how it is not in the interest of the British authorities to ensure that a British citizen who is likely to be deported has the necessary paperwork to enter the UK.

For sure, her status will emerge when she tries to leave. 100%. To be honest, I would not be confident of not getting arrested for overstaying her visa when she tries to check into the flight. No chance she'll be allowed back in.

Really, have you read whats in the electronic patch?
You do not really think that the interesting stuff is printed on passports any more do you?

You are right, I do not like Trump. He caused a family member to leave the GOP after 60 years of voting for them
But the OP's family issues are less to do with Trump than with the UKBA frankly

When I leave the U.S to fly to London only the airline staff looks at my British passport at check-in/boarding. They do not electronically scan it. When I reapply for my passports here in the U.S. the British do NOT ask me for my U.S. alien registration number. They have no idea of my status to remain in the U.S. (because it is not their business) AND the U.S authorities DO NOT scan my British passport.

When I return to the U.S. they are interested in my alien registration card (Green Card). When I enter the U.K. they are only interested in my British Passport.

Both countries need to know a person has the right to enter.

Could it be a bit more of a hassle to get her passport renewed? Yes, but not because of this Tory Government's policies. If she looks nothing like her passport photo and really, really doesn't have ANY current official ID whatsoever it may be difficult for her to prove she is the person she says she is, through all of the other documents and not engaging in identity fraud

Over the years, one of my passports was lost in a fire and to get a new (while in the U.S) I had to send in my BC with the application. Easy to do. Another passport had been expired for about 12-15 years and all I had to to do was to send it in with my application for a new one.

One thing that would be a problem to an habitual law breaker is that the new photo has to be signed on the back (I believe) by a professional who has known you for at least 2 yrs. Doctor, attorney etc.

Obey the laws of the country you live in and life will be much easier. The woman will be deported one day. She brought it on herself.

Thank god for Donald Trump. I can see why outlaws hate him though.

I'm leaving this thread now, but before I go I want to repeat something; the only way this woman can sort out her life and get her inheritance is to return to the U.K and try to get back in legally via the U.S. Embassy.

@Charolais I am sure there is another step now as part of the departure process because my husband has a UK passport. We have been coming and going from the UK together for 25 years. Do they not ask to remove your visa waiver form when you show them the British passport? Because one time when they didn't do this, my husband ended up with ongoing issues. It was a mistake for them not to and it's never happened subsequently. Or, for example, when they ask are you showing them a US passport/Residency doc of some kind? Because that would explain why it's not an issue for YOU.

We haven't been to the US together for a couple of years now but I seem to recall that the visa waiver issue may be raised at the gate.

It is definitely not, and has not been in my experience for some time, turn up at the airport with a British passport and nothing else happens.

from the UK to the US rather

Charolais
Thank god for Donald Trump. I can see why outlaws hate him though.
You are welcome to him.
My family has been in the USA since the 1600's
We have counties and streets and statues named after us.
I will continue to vote against him.
As I will also vote against nationalist populism in the UK

I just hope that LtEve has a good UK solicitor who can sort the variation of the will for minimal cost and stress for her extended family.

I think the best bet is for her daughter to keep hold of it for her as she will need it if husband dies or divorces her.

Can solicitors hold money for a long period of time?