Immigration help ASAP

m2m

Wed, Jul 09 2014, 10:40 am

Hi I have just moved to New York and have been here for 2 months. I haven't started applying for a green card yet since I'm planning on returning to England for a simcha in 2 weeks. I was just told that I shouldn't travel because I will have problems re-entering the country, since they will figure out that I'm coming here to live and they will send me back! Has anyone had any experience with things like this or the number of any lawyers that I could call? ( I called the ujo but they don't deal with this anymore and they gave me the number of a place in crown heights that wanted to charge me $100 just to speak to a lawyer!)

amother

Wed, Jul 09 2014, 10:57 am

Definitely risky.
Especially if you already live in NY.
They gave me such a hassle when I was trying to come into the US before I got married and planned to live in the States.
I even "snuck" in a couple weeks before the wedding and stayed put so I would make it to my own wedding!

amother

Wed, Jul 09 2014, 11:03 am

m2m wrote:

You need to speak to an immigration attorney about the legality of entering the United States on a tourist visa or visa waiver, with the intention of residing permanently in the US, and then applying for a green card. I don't know anything about the place in Crown Heights, but $100 sounds mighty cheap for this.

amother

Wed, Jul 09 2014, 11:05 am

amother wrote:

Because without a green card or other permanent residency documents, its illegal for you to come to the US to live.

Sorry.

amother

Wed, Jul 09 2014, 11:11 am

You need to apply for a Green Card and at the same time apply for "Advance Parole" which will allow you to re-enter the country while they process your Green Card application. I believe that's form 131. You can do all this without a lawyer, but make sure you read up on it carefully so that you don't jeopardize your immigration status. You could probably get a free consultation through your county bar association.

Whatever you do, do not leave the country without doing this, otherwise the likelihood is you will not be able to come back. Or else you will have to apply for a Green Card in the UK, which takes a LONG time.

There may be other things you have to do, also, I just can't remember. $100 is nothing compared to what the whole process is going to cost you. You need to get working on your Green Card ASAP, otherwise you're going to have all sorts of problems.

I just remembered another form you'll file at the same time - a work permit form until you have your Green Card.

chocolate chips

Wed, Jul 09 2014, 11:43 am

Do NOT say you are planning to live here. To any immigration officer. Ever.

It may be risky and may not be it largely depends on what you say the reason of your visit is when you came in and when you come back in.

If you say you came to visit family fine then why are you coming back in 2 weeks? If you have another excuse such as another family wedding, a sick family member, a friend having a baby that needs help, it should be fine.

It is up to you whether you want to risk it or not.

Google US visa laws, they say there is no minimum time necessary to be out of the US. Just not to abuse a visitors visa.

Once you are in, and apply for a green card, they will ask you at the interview what your intentions were when you came into the country, we said that I came to visit my then boyfriend and we decided to marry and stay here. Or you can say you came to visit family and decided to stay close by.
Never say you came because you were already married or you came with the intention to stay.

Good luck.

chocolate chips

Wed, Jul 09 2014, 11:45 am

amother wrote:

This is not so simple since it is not recommended to apply for a green card before being in the country for at least two months.
Getting the travel document can take anywhere from 2 months to 7months (it took me the latter) and applying for it any earlier can disrupt the whole process. Same goes for the work permit.

amother

Wed, Jul 09 2014, 12:00 pm

amother wrote:

Because without a green card or other permanent residency documents, its illegal for you to come to the US to live.

Sorry.

Obviously.
I did go to an immigration lawyer before I got married to start the process and there is such a thing as a "fiancee visa", however it takes forever to get and is probably meant for the non jews who have 1-2 year long engagements. There was no point in me even applying for that. I was just told to stay put and not go back and forth until I got my Green Card.
I applied for my Green Card right after I got married and it was a long process. I didn't leave the country until I got it since I was told they might not even let me back into the States.

Mrs Bissli

Wed, Jul 09 2014, 6:18 pm

OP, firstly on what ground are you applying for a green card? Is it from being married to a US citizen (which should get in the first priority)?

I have not done it but personally I know several couples where the british spouses stayed here and get their US spouses/sponsors to apply for green cards via US consulate in UK. They opted for this as it was supposed to take less time than applying in NY.

Bruria

Wed, Jul 09 2014, 6:56 pm

I suggest you consulting a lawyer and not traveling till you are sure it's OK. 100 is not expensive for a consultation,and even though lawyers are expensive I think it's worth getting one anyway just so you can be sure you are doing everything right.

wispalover

Thu, Jul 10 2014, 5:51 pm

m2m wrote:

We came to the States to visit my DH's family in 2006 and we decided to stay. If I had been in the country for 2 months, I might risk going back (depending on how long I was going for), but it does look extremely suspicious. I don't think you will get it in two weeks- and I was unable to leave the country for 9 months when I applied for adjustment of status and employment papers etc. If I were you, I would go back, stay for about a month and apply for whatever visa you need from the UK.

Happy18

Thu, Jul 10 2014, 6:06 pm

OP contact a lawyer. Pay what it costs, because if you don't and you mess this up it will be a lot worse in the long run.

$100 isn't a lot for a lawyer, pay it or find someone else, but anyone good will cost at least that if not more.

nylon

Thu, Jul 10 2014, 6:56 pm

If they think you are coming to stay in the US, they will refuse your visa waiver. USCIS has discretion to refuse visa waiver to anyone they think is going to overstay. You are married and your spouse is in the US - they will assume you're going to stay, and if you lie at the airport, they can then refuse your green card. Also, normally, if you enter on Visa Waiver, you cannot adjust status. The exception is an immediate relative petition filed within 90 days. IANAL, but I wouldn't risk not being able to file again. If you jeopardize your existing petition, you may not be able to re-file. Ask a lawyer.

m2m

Sun, Jul 13 2014, 4:54 pm

Thanks so much for all the replies ... I called immigration and they told me I can come in and out etc as long as I don't abuse the visa waiver program, they couldn't tell me what's counts as abuse but they said I should be fine . Since my husband is American I can come to USA to apply for a green card and don't need to do it from England .