Interviews at the American Embassy

[Susie]

Hi

I thought it would be a good idea for people to share their experiences of interviews in one thread.

Maybe a list of questions and answers so that hopefully this will give others ideas of what to expect.

[haggis007]

Hello Susie,
I have just answered a similar thread on Top Forums posted by Mike Eckersley and I think it might be just as valid here. This is my first posting so I am not sure if I am putting this in the right section but I am sure you will tell me if I have done something wrong.

"Hello Michael, I have just read the Top Forums thread on the Visa processing problems and would advise that we are also in this predicament with our children. My husband and I came to the US just under 11 years ago when the children were 10 and 8 years old. My son James just turned 21 on 21st January this year, and only due to two errors by the customs and immigration departments is he still here with us.



We purchased a property management company back in December of 1995 and came over on an E-2 Visa. Since then we have developed an additional Real Estate Brokerage company and a virtual tour photography company and are very happy here in the US. Both children have completed their full schooling here and graduated with their diplomas and honors. Neither one however decided that they wanted to continue in further education.



We have been lucky that we have been in the position to be able to afford to be supportive of our children as dependents. Each of them has a social security number but they are “not valid for work without INS authorization”. When our second renewal of the E-2 Visa fell due in 2003, Immigration issued a full 5 year E-2 Visa to all four of us, up to May 2008, whereas they should only have issued James’ visa to 1/21/06, his 21st birthday. The I-94 obviously is the other essential component of staying in the country, and in November of 2005 we had to leave the country and again expected that the customs official to have only given James a new I-94 to his 21st birthday, but he stamped his passport with the same 2 year stamp as ours so he is allowed in the country until November of 2007.



We wanted to make sure that these “technical errors” were legitimate for us to abide by so we asked an immigration attorney to tell us if James is ok until November 2007, and after inspecting the passport he said that we were the recipients of two mistakes but the stamps were good. Now James just can’t leave the country as he would probably not get back in.



This now gives us time to try and work the system in being able to apply for a Visa in his own right. We were prudent enough back in 2003 when James turned 18 to create a company for him in the UK as a subsidiary of the Virtual tour company here in the US with his Uncle. The intention being that maybe sometime he would be able to apply for an L-1 visa rather than an E-2 so he would be able to convert the L-1 into a Green card at some future date. Then on 1st June this year our partner in the VR company in the US sold James his share of the company as he is returning to the UK after being here for nearly 16 years. So we are going to try and apply for the E-2 based on James’ ownership of the company here in the US but there are no guarantees that this will be approved. James has also taken his Real Estate course and passed the exam but I cannot make his license active until he has a valid social security number, but we felt that he has to prove how he can develop the current business further and by opening a Brokerage arm of the VR company this would certainly be a way to grow.



Our daughter is now 19 and we realize that we are in the same boat with her future as well. She has a wonderful talent of being very artistic and we are working, hopefully on arranging for her to be sponsored by a local business to employ her as a tattoo artist, who specializes in wildlife, and she is also volunteering with a local charity that has two tigers in order to obtain her exotic cats’ license . She has to complete 1000 hours with these tigers before the owners can support her application for an exotic cats’ license. This could lead to an additional avenue for sponsorship maybe with a wild cat rescue center or a zoo, but in the meantime she is very proficient with a camera and makes the most of her photographs to create wonderful drawings and paintings of tigers and wild life in general.



Both of my children only want the right to work and remain in the country that they now class as home. They have lived in the US longer than they ever lived in the UK and it is ludicrous that the system treats families like this. I am sure the Forefathers of America would be turning in their graves if they realized that their countrymen were being treated worse than illegal immigrants. I am sure that they never envisioned that the land of the free would be so discriminative against their countrymen !! "

I am not sure if other members have had a positive result in getting their children over after they stop being E-2 Visa dependents, but any comments would be most welcome.
Kindest regards,
Heather

[Susie]

Hi Heather

Thanks for joining and partaking in our site

I just sent you a pm to say that webmaster may move yours and mine posting to the non immigrant section


I can fully understand how your children feel. As far as they are concerned they had no choice in where they were brought to live and after being here for so many years, now look upon the USA as their home.

When you think about their situation, USC and other tax payers in the USA have paid for them to be educated. Now they are approaching 21 years, they have to get out or find an alternative way to remain. So the USA will loose such good talented youngsters if the law is not changed

At present there is no provision for children of E visa holders to obtain green cards, unless they marry a USC or

They may carry on with their education and hope whilst they study they can get a job offer.

The employer would have to sponcer them for a H1B. The trouble is all visa numbers have been used up this year. Even if they were really lucky and got a job offer tomorrow. The employer would have to wait until April 2007 to submit the application. This would be for a start date of Oct 2007.

If this was achieved then after working for the company for a period of time the employer could sponcer them for Labour Certification and if approved will lead to a green card.


We at expatsvoice had an online chat with attorney tonight. A sinular senario came up and the question was asked, by myself

Q, Is it possible for a child of E visa holder to buy into their parents company and obtain a visa.

A Yes possible

We beleive that all children should have the right to adjust status to that of LPR subject to being of good moral character. One the children have been a LPR for 5 years, they can then petiton to become USC's.

Once they become USC's, they inturn can sponcer their parents on E visa to become a LPR. That way their parents could retire with dignity and stay in the USA instead of working till they die or become old and frail and unable to work anymore

We have set up a committee and have a teenage sub committee, at their request. The young mature adults who attended wanted to become involved in our efforts to raise awareness and hopefully petiton for all children to be protected, Maybe your teenages would like to get involved ? Our next meeting is on Wednesday 11th Oct 2006 at 7-30pm. If they would like to attend please send me a pm and I can advise of meeting location


The dream act if passed, does not protect all children and whilst it goes someway to protect them it does not go far enough.

Your children could always put offer in to purchase a business subject to visa approval and would be allowed to stay until decision

Bit of a mess, isn't it?

Has anyone else got ideas?