# Advice needed please



## crys (Feb 20, 2009)

Hello, im new here, what a great site!

i just need a little advice or anyones stories if possible - i am a 28 year old mum of three and married. I have no qualifications that would be looked upon as neede din the states (i am a qualified domestic energy assessor and an office manager) and hubby is a part qualified accountant.

my mum was born in the states and moved ehre when she was 4. althuogh she is classed as a british citizen, she has an american passport and has kept her nationality and is still class ed as an alien here in the uk. all of ehr family from her fathers die still reside in the US, all three of my uncles are in the american force and my grandfather is a retired american army officer.

mum has just filed an i130 form for me and my family and we are waiting on the approval decline notice. what i really want to ask is if mum is an american national, can they really turn down my claim? and on what grounds. im trying to keep my feet firmly on the ground but am getting excited and i want to make sure im not getting my hopes up if i have basically no chance of getting in.

also want to ask, once/ or if i get i130 approval, what are the following:

rough times for visa processing from us emabassy (any stories on how long you waited)
can my family be turned down for visas at the visa meeting (and if so on what grounds?
when they are for a police check, is that a standard CRB check or something else?

Thanks for your help, i really appreciate it.

to give yu a little more info, if we do get accepted, we will be moving to either nevada (henderson or surrounding) or san diego.


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## Danzaivar (Feb 19, 2009)

crys said:


> Hello, im new here, what a great site!
> 
> i just need a little advice or anyones stories if possible - i am a 28 year old mum of three and married. I have no qualifications that would be looked upon as neede din the states (i am a qualified domestic energy assessor and an office manager) and hubby is a part qualified accountant.
> 
> ...


I think I read somewhere that a parent can only pass on their citizenship to their children IF they (The parent) has lived in America for a certain amount of time, I think it's something like 5 years, of which 2 were over 18, or something like that. To stop people passing down Citizenship ad infiniti without actually living there.

I could be wrong, and all the best with trying to get in, but I thought i'd just chip in.


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## crys (Feb 20, 2009)

i checked this out with the us embassy before parting with my money, mum does not have to have resided there and can process the application through the us embassy here in london. mum never gave up her us citizenship so is treated equally i was told.


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## Bevdeforges (Nov 16, 2007)

I'm sure fatbrit will be along soon - and he's the one here who's really the most up to date with the requirements. In the meantime, a little clarification might help.

Is your mother resident in the UK or in the US? Things may have changed since I last looked into it, but I believe she has to be resident in the US in order to file an I130 on your behalf. (Fatbrit will know - it's still early morning where he is, so give him a couple hours to respond.)
Cheers,
Bev


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## crys (Feb 20, 2009)

this is from the us embassy website:

Who is eligible?
Unmarried son/daughter (aged 21 or over) of a U.S. citizen; married son/daughter of a U.S citizen; brother/sister of a U.S. citizen; spouse and unmarried son or daughter of a Lawful Permanent Resident (LPR).



How do I apply?
The first step in applying for an immigrant visa is for the U.S. citizen or LPR to file a immigrant visa petition, Form I-130, with the office of the United States Citizenship and Immigration Services (USCIS). U.S. citizens and LPRs resident in the United Kingdom should may file the petition, Form I-130, with the Department of Homeland Security (Immigration) in London; those resident in the United States should contact their local USCIS office for further information.

i am also under the impression from us embassy she is able to file and has done so, this is not really what im asking, what im asking is what sort of grounds could they turn my petition down on? obviously i dont have automatic claim over residency, but has anyone been turned down for other reasons?


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## Bevdeforges (Nov 16, 2007)

crys said:


> this is from the us embassy website:
> 
> Who is eligible?
> Unmarried son/daughter (aged 21 or over) of a U.S. citizen; married son/daughter of a U.S citizen; brother/sister of a U.S. citizen; spouse and unmarried son or daughter of a Lawful Permanent Resident (LPR).
> ...


As I said, I last looked into this some years ago - and it's possible things have changed since then, or that I got bad advice at the time. If your mother is able to file for you, go for it! 
Cheers,
Bev


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## crys (Feb 20, 2009)

it has already been filed and from the us embassy website t looks like it should be adjudicated in approx two weeks time. i suppose im just wondering if the first stage is declined, do they have to give reasons for it being declined and really what those reasons are.


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## Danzaivar (Feb 19, 2009)

Ignore my post earlier, turns out I misunderstood my source. What I read was for automatic Citizenship, not for applying for a Green Card. Sorry about that.

Best of luck!


(My source - Wikipedia...heh)

"*Expeditious naturalization of children*
Effective April 1, 1995, a child born outside the U.S. to a U.S. citizen parent, if not already a citizen by birth because the parent does not meet the residency requirement (see above), may qualify for expeditious naturalization based on the physical presence of the child's grandparent in the U.S. In general the grandparent should have spent 5 years in the U.S., 2 years of which after the age of 14.

The process of naturalization, including the oath of allegiance, must be completed before the child's 18th birthday. It is not necessary for the child to be admitted to the U.S. as a lawful permanent resident.[14]"


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## crys (Feb 20, 2009)

yeah, i know what you mean, i basically read and read about visas and was under the impression for a very long time that i was not able to apply - until someone i know told me i could. i researched it and spoke to the us embassy and they said i could apply so we did. im trying to keep my feet firmly on the ground by trying to find out ways in which the first stage could be delined but am overtaken by excitement. hence the reason i am looking for personal experiences of anyone who has been declined and why. just so i keep keep my feet strapped to the ground!!!


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## Fatbrit (May 8, 2008)

crys said:


> yeah, i know what you mean, i basically read and read about visas and was under the impression for a very long time that i was not able to apply - until someone i know told me i could. i researched it and spoke to the us embassy and they said i could apply so we did. im trying to keep my feet firmly on the ground by trying to find out ways in which the first stage could be delined but am overtaken by excitement. hence the reason i am looking for personal experiences of anyone who has been declined and why. just so i keep keep my feet strapped to the ground!!!


Okay -- another red herring question which reveals a deeper and more complicated, though not unsolvable, issue!

The answer to your question is that you can be denied for being a criminal, previous immigration infringements, on medical grounds, failing to show that you can support yourself without recourse to public funds, and whole host of weird and wonderful things such as being a member of the Communist party! But that's neither here nor there!

Your mother could indeed file an I-130 to sponsor you and your family as her married child in category F3 if she were resident in the US. This category is numerically limited and you join a line to wait for the visa. Those who joined the line a decade ago are just now being called for their visa So there are two flaws in your current plan: she needs to be US resident and there's a rather long long wait ahead.

You should investigate the following with an experienced US immigration attorney. Although your mother did not live long enough in the US to pass her citizenship directly to you, there may be a path to citizenship available through your maternal grandparents' links to the US. Having established a claim to citizenship, you can sponsor your husband and children.....and for these there is no waiting line. 

Off topic and unrelated to your issue, your mother should naturalize as a UKC if she has lived there so long. She can hold both UK and US citizenships.


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## Davis1 (Feb 20, 2009)

crys said:


> rough times for visa processing from us emabassy (any stories on how long you waited)
> can my family be turned down for visas at the visa meeting (and if so on what grounds?
> when they are for a police check, is that a standard CRB check or something else?
> .


As a third preference candidate, Visa availility is currently
about an 8/9 year wait 
google: visa bulletin

Yes, criminal record of CIMT

Yes. you will file a APCO police report


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## crys (Feb 20, 2009)

thanks fat brit for your reply.

first of all, i am in no rush to go, though i thought it would be more like a 3 -4 year wait than a 10 year one but thats life.

secondly, im not too sure what my mother has here. she is a british citizen (her mother is british and bought her to england after divorcing my grandfather) but she has an american passport stamped to say she has the right to reisde in both the uk and the states. 

with regards to the visa situation, we was told by the us embassy that the visa would be dealt with here in the uk at the us embassy as opposed to in the states because my mother resides here. the lady i spoke to seemed to think it may be slightly quicker process.

well i guess that answers most of my questions and im glad i asked as i know now if it happens its not gonig to happen anytime soon! i will keep you psoted on how we get on!

Thanks
crystal


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## Davis1 (Feb 20, 2009)

If your mother has a US passport she is a US citizen 

I believe she has to reside in the US to file to bring you over 
are you saying she resides in the UK


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## Fatbrit (May 8, 2008)

crys said:


> thanks fat brit for your reply.
> 
> first of all, i am in no rush to go, though i thought it would be more like a 3 -4 year wait than a 10 year one but thats life.
> 
> ...



It's impossible to tell how long the wait will be with a number-restricted category. The first sign of madness is following the limited information given monthly in the Visa Bulletin on the DOS website!

Your mother should regularize her status. She is undoubtedly a US citizen if she holds a US passport. There is insufficient information to tell whether she is a UKC. But if not, she should apply for UK naturalization and hold both passports. This will not affect her petition for you in any way.

One note I'd like to make here is never to rely on the US Embassy for any immigration advice. They take your application and fee for an immigration benefit, process it, and either grant or deny it. They have no interest in your circumstances beyond that! Indeed, you cannot and should not even rely on the information they give on their site as being a true representation of the law. The last place for advice as an alien is 
the Embassy!

Having said that, the I-130 will be processed in London since the petitioner is resident there, and this is significantly faster. However at some stage in the process -- I'm unsure when -- your mother is going to have to prove that she is either resident in the US or intends to take residency there. She will also have to provide financial sponsorship for you which involves submitting her US tax returns. I hope (but doubt!) she has been filing them.

So, if you're prepared to wait whatever time it takes and your mother is prepared to take residency in the US at some time, your plan will certainly work.

However, I think you've jumped the gun on not taking the far better route of first finding out whether you yourself do not have a claim to US citizenship. With such a route, you would be the sponsor. The paperwork would take 6 months from beginning to end for the whole family, and any of your children under 18 who entered on an immigrant visa would also automatically become immediate US citizens. It's a far easier and more predictable route. I'd seriously;y consider investigating it if I were you.


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## crys (Feb 20, 2009)

fat brit, i was always under the impression that i could now not claim us citizenship in the way you are saying as my mother did not spend enough time in the US (she left there at the age of 4 and has lived ehre ever since) this is from the embassy website and applies to my date of birth and my parents situation:

Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.

however, if you are saying i could still apply, could you point me in the right direction?

to answer your questions, no my mother has not paid taxes over in the states as she lives her. i was also told that she would not need to sponsor me financially as we can provide proof that we can sponsor ourselves (we have around £400K equity, including the sale of our property) financially.

hmm, it seems i should have ahd a read ehre before sending in our forms as the info given here is contradictory of what has been given to me from the embassy and i am inclined to beleive fellow expats over governments anyday!

would be interested to know if you know anymore about the cizenship route fatbrit!

Thanks
Crystal


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## Bevdeforges (Nov 16, 2007)

Not sure of the details (perhaps fatbrit will have more on this) but it is possible to claim US citizenship if your grandmother or grandfather was a US citizen and spent the appropriate amount of time resident in the US. 

Several US expat groups have spent lots of time and effort on this (and other issues of claiming citizenship). You might try checking with AARO - Association of Americans Resident Overseas or with ACA American Citizens Abroad if you can't find info elsewhere.
Cheers,
Bev


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## twostep (Apr 3, 2008)

I am trying to sort this out. One post - your mother applied I130 for you the next you want to know if you can apply???
As governments as you call them make the decisions it does not matter what you think about them:>)


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## crys (Feb 20, 2009)

thanks bev, i have found lots on grandparents etc but it all seems to be geared towards the under 18's. i will check thos elinks out though, thats brilliant!

Thanks
crystal


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## crys (Feb 20, 2009)

twostep said:


> I am trying to sort this out. One post - your mother applied I130 for you the next you want to know if you can apply???
> As governments as you call them make the decisions it does not matter what you think about them:>)


twostep - i HAVE applied for an immigrant visa, however if you read back, fatbrit seems to think it would be quicker, and possibly easier to get residency by going down the citizenship route.  i want to find out if i can claim US citizenship, as oppossed to going into a queing system for a visa, thats what i am asking.

i never said i thought anything about the government, i said i tend to beleive the ex pats ehre because they are after having to go through this process themselves. as fatbrit says, the embassy are not interested in your circumstances, they are there to process and adjudicate the applications only!! if you read back, you will see this!


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## Fatbrit (May 8, 2008)

crys said:


> fat brit, i was always under the impression that i could now not claim us citizenship in the way you are saying as my mother did not spend enough time in the US (she left there at the age of 4 and has lived ehre ever since) this is from the embassy website and applies to my date of birth and my parents situation:
> 
> Child born in wedlock to one U.S. citizen parent and one non U.S. citizen parent on or after November 14, 1986: A child born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may be entitled to citizenship providing the U.S. citizen parent had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen. This period of physical presence must have taken place prior to the birth of the child.
> 
> however, if you are saying i could still apply, could you point me in the right direction?


There's a nice little blog about citizenship passing from grandparents here to get you started. The route is more complicated than if your mother had been able to transmit it directly. My advice, since this is a very complicated area of immigration law, would be to use a US immigration attorney, at least for an initial consultation to see if it's viable. Write out the family history with dates of birth, marriage and death for all the parties, the countries they lived in and the citizenship(s) they held. Although there are some US immigration attorneys in the UK, they tend to be expensive, and your consult can be done by email/phone etc. Find a lawyer here or if you want my recommend try Fong & Chun. Never used the latter but he contributes to immigration boards and IMO writes as much sense as is possible for a US immigration attorney. A consult shouldn't cost more than a couple of hundred bucks. And if this route is open to you, it's a far easier and quicker route than having mom sponsor you.



crys said:


> to answer your questions, no my mother has not paid taxes over in the states as she lives her. i was also told that she would not need to sponsor me financially as we can provide proof that we can sponsor ourselves (we have around £400K equity, including the sale of our property) financially.


If you have to use this route, your mother must be the primary sponsor, and for this she will have to produce her US tax returns. As a USC, she is taxed on her worldwide income wherever she lives. However, with a large deduction for those overseas and a US/UK dual taxation agreement this usually means she has to file rather than pay. This will not come up till the interview many years away so no need to worry about it now. She can back file when your number comes up if necessary. You can self-sponsor with the dosh -- but she must still be the primary sponsor.

Also, there's that tricky problem that she has to be resident in the US. I'm unsure whether this will be a requirement when your number comes up (years away) or whether this will cause the initial I-130 petition to be denied before you start. But as you've already filed, we'll soon find out the answer.


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## crys (Feb 20, 2009)

i really do appreciate your help on this fat brit and of course everyone else who has contributed. much of what has been written is very informative and i am sure will be of great help!!! im going to have a look at those links and speak to an attorney and will let you know how i get on.


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## crys (Feb 20, 2009)

have looked down the grandfather route and it doesnt look good. i am not entitled to citizenship. now if i was born out of wedlock, i would qualify, but as my parents did the right thing, i dont!! so unfair! my only little bit of hope is that i have emailled the attorney fatbrit suggested and am still awaiting for a reply from him, but it doesnt look good.

so - petition by my mother will take 8-10 years and could possibly not be accepted unless i can talk her round to moving back to the states

i dont qualify under my mother or grandfather for citizenship

so really i have no hope in hell! the only other thing i can think of is that i am training to be a social worker - would that be classed as a skilled worker? and if so whats the top age they will let you in under skilled worker? i am 28 but wont qualify until i am 30. will my age go against me?


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## Bevdeforges (Nov 16, 2007)

crys said:


> so really i have no hope in hell! the only other thing i can think of is that i am training to be a social worker - would that be classed as a skilled worker? and if so whats the top age they will let you in under skilled worker? i am 28 but wont qualify until i am 30. will my age go against me?


The US doesn't have a "skilled worker" program like Canada or Australia. You have to get the job and have your potential employer petition you in. Social work is one of those fields that is tied very closely to local and national laws and benefits programs. Being trained in the UK doesn't qualify you for being a social worker in the US simply because of the difference in the systems.
Cheers,
Bev


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## crys (Feb 20, 2009)

oh my bad news just goes from bad to worse doesnt it!!! its so horrible, (me, like so many others i suppose!) i have always wanted to live in the states and prior to this week, thought i could be in the process of getting there in the enxt 5 years, that now seriously does not seem to be the way. living in the UK and not going to the states is seriously depressing me!!

I will have to hope i win the lottery tonight and can start a $1M dollar business, that seems to be my only way now!!


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## crys (Feb 20, 2009)

well just got the news today that my visa application is now being processed - i am presuming this is a 7 year wait for married children of a us citizen is this correct?

whilst this is gonig through we are also looking at the l1 visa - we run three companies - two i dont beleive will be able to transfer over to the states as its working doing energy certificates (which have not come into force in the US) and the other is a hairdressing business - our barbers has a niche market where we do children and teenagers hair and make the whole haircutting process fun - do you think this is something we could transfer over to america under the l1 visa? our companies have all been going for 3 plus years and are all profitable. would this be an option?


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## Fatbrit (May 8, 2008)

crys said:


> well just got the news today that my visa application is now being processed - i am presuming this is a 7 year wait for married children of a us citizen is this correct?
> 
> whilst this is gonig through we are also looking at the l1 visa - we run three companies - two i dont beleive will be able to transfer over to the states as its working doing energy certificates (which have not come into force in the US) and the other is a hairdressing business - our barbers has a niche market where we do children and teenagers hair and make the whole haircutting process fun - do you think this is something we could transfer over to america under the l1 visa? our companies have all been going for 3 plus years and are all profitable. would this be an option?


The businesses do not need to be the same, i.e. you can have an energy certificate business running in the UK and open a barber's shop in the US. The important things about the UK business are it must have a company structure, history, turnover, etc. and you must be able to continue running it remotely for at least a year or two until you get your green card. The US business should employ people and not be a one-man band.

Be aware that there is a new immigration bill in the pipeline and things may change drastically. The visa was originally intended for the likes of Microsoft and Ford to move their corporate executives around, not small scale entrepreneurs. A tightening up of the terms would not surprise me.


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## crys (Feb 20, 2009)

thanks for the info fatbrit - do you know when this immigration bill is likely to come about?


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## Fatbrit (May 8, 2008)

crys said:


> thanks for the info fatbrit - do you know when this immigration bill is likely to come about?


I'm sure there will be immigration reform. There are reports of an immigration reform meeting booked for June 8 at the White House. I expect this will be the starting bell.


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## casasolo (Jul 20, 2009)

crys said:


> thanks for the info fatbrit - do you know when this immigration bill is likely to come about?


What was the outcome of your case??


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## crys (Feb 20, 2009)

still all going through at the moment! we need to build our business up to a more acceptable level before even attempting to go down the business visa route.


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