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DebbieM
11-13-2006, 09:06 PM
Guys

Following the thread Crisis .... what crisis and the timely arrival of a letter from Mel Martinez I have put together a response not only highlighting my plight but everyone else's too. I got approval from Pete to use his article which will accompany my letter but after reading and re reading and reading again, could I just ask for some input on what you think.

I doubt very much if it will do any good but you've got to try haven't you.

All constructive critism taken on the chin.

Mel Martinez
United States Senator
United States Senate
Washington
DC 20510-0906

BY FAX

Dear Senator Martinez

I write in reference to your letter dated November 1, 2006.

Our situation is certainly not exclusive and is one which is being faced by many British people here on Non Permanent Immigrant Visa’s facing renewals, or indeed those who have made a new application and are patiently awaiting the outcome in the UK.

We are working with a Visa Attorney and it was he who suggested I write to you as despite appeals from him and many of his colleagues who face the same challenges, the situation with the US Embassy in London is showing no signs of improvement. The majority of cases he is working on are experiencing delays which are damaging and in some cases ruining businesses both new and existing and suggested that we renew our status in the hope that over the coming months the issues at the US Embassy in London will be addressed and hopefully return to some sort of normality. There was encouraging news from a recent meeting between the American Immigration Lawyers Association and the US State Department which my Visa Attorney attended. However, as a member of an active forum of people all currently either renewing or applying it is extremely apparent that whilst there are some slight changes on the US Embassy at London’s’ web-site the overall situation has not changed.

I attach a copy of a report which was written recently which sets out the challenges for those on Non Permanent Immigrant Visas and those currently waiting

Our personal story is that we brought the inventory of an existing property management business in February 2005 once we had been successful in obtaining our E-2 Visa. We were given 2 years with our renewal date being December 12, 2006, renewing our immigration status in September 2006 means that we have until September 2008 at the very latest to become successful in our E-2 Visa application. Whilst this has brought us time, it does mean that we are landlocked and should any family member have to leave the US for personal or family reasons we are not allowed to return without a lengthy appeal process. For me, having elderly parents in the UK this hangs very heavy in my heart as should circumstances arise I would have to make a choice between my business and my parents – one I’m sure you will agree would be extremely difficult and almost impossible to decide.

Our business is a very healthy one and is testimony to the hard work that my husband and I dedicate to it. We work extremely long hours and it certainly isn’t the life we expected to live when we first came here, that said I wouldn’t change a thing. It is profitable, has shown considerable growth, taxes are paid and up to date and it employs Americans. Why then the concern to submit a renewal application – surely we are meeting the criteria required for a straightforward E-2 renewal?

From information supplied by our attorney and many others in our situation, no renewal is straightforward – even the most ‘water tight’ case may be subject to requests of additional information once at the US Embassy in London. Once requested and until this information is supplied, all applicants are unable to return to the US and are forced to join the 30 - 45 week wait for the application along with the additional information to be reviewed. During this period of delay, applicants in this position will have lost their business, their home and their life savings which most will have used to get here in the first place. Children in education will fail classes and have the upheaval of attending school in the UK which follows a totally different curriculum to those in the US. Lives are suspended and the stress and anguish of not knowing the outcome of your application becomes almost unbearable

On a recent visit to Mexico to renew our I-94 status my youngest daughter missed 3 days of high school and whilst this was acknowledged as authorized absence she failed two classes as she struggled to make up the work. We were advised that after 10 days of authorized absence she would automatically fail the semester and any longer could result in her being refused a place in school. My eldest daughter attends college and again she struggled to make up the work and despite sending in all the information detailing how this absence was forced upon us by the Department of Homeland Security, she received no concessions and was marked absent for 3 days. This obviously impacted on her grades and whilst she has been on the Deans Honor Role for the last two semesters this now looks to have affected her GPA and she is being penalized for something which is absolutely no fault of her own.

So, submitting an application may result in us obtaining our E-2 renewal on our first attempt OR it may mean that we submit our application, return to the UK for our interview and, because the goal posts have moved since our application would have been submitted some 30 – 45 weeks prior, we will join the wait and watch our lives and that of our children disintegrate before our eyes.

It is a gamble I am simply not prepared to take at the moment – would you?

I am therefore trying to be proactive in my approach to our renewal, lobbying for a change that will hopefully make the lives of those here on Non Permanent Immigrant Visa’s more secure by outlining exactly what is required from us therefore making life easier for both applicants and the US Embassy in London. I also hope that a change is brought about so that renewals can be applied for without leaving the US as I see no advantage what so ever in having to apply from your county of residence other than to cause disruption, chaos and a great deal of expense for all concerned.

I am sure I speak for all those caught up in this situation in that we are asking for nothing else but for the process to be fair and not jeopardize the livelihoods of those who are trying to do it the right way – LEGALLY.

Yours truly







Debbie Mansell

Ron
11-13-2006, 09:26 PM
Hi Debbie

Very good letter but if you could mention www.expatsvoice.org in the letter somewhere that would be great

charliesmum
11-13-2006, 09:33 PM
Debbie

I'm not sure about your facts for the renewal - you stay here while the paperwork is being processed and life goes on as much as it can. We have been waiting around 14 months for the renewal, but we haven't gone to England yet and won't until we have an approval letter. I think it is unusual to go for the interview and have to give more info and be stuck in England - or is that happening to people I don't know about!!

Otherwise great letter.

Zoe

reecey
11-13-2006, 09:43 PM
Great letter Debbie
and good luck
Julie

Susie
11-13-2006, 11:56 PM
Hello Debbie

Really good letter, we are having a committee meeting on 15th Nov and will bring up the contents and discuss writing our own letter to be attached to yours if you feel this will help

The senators have received the minutes of our previous meetings so will know we are here for the duration

Take a look at Tony and Leigh's posting, I feel for them. Nobody should be treated this way and about time the committee kicked it up a notch!

DebbieM
11-13-2006, 11:58 PM
Anything you think will help Sue - we just have to keep chipping. The squeeky wheel gets the oil!!!!!

DebbieM
11-13-2006, 11:59 PM
PS hope you are feeling better.

Debbie

Susie
11-14-2006, 12:18 AM
PS hope you are feeling better.

Debbie


In all honesty, no not really but thanks for asking. I cannot sleep as everytime I lay on my left side I wake up . As I said I know I will bounce back , just so painful and lack of sleep does not help.

I am only stoping by the site for a short while and not doing any research for immigration news like I normally do

chris
11-14-2006, 12:38 AM
Debbie,
Excellent letter you should be very pleased with yourself. One point to mention and I don't know whether there is mileage in bringing it up, but as you will recall up until 2004, you could renew your E2 with State Dept by mail to Nebraska whilst still in the US. You did not have to travel 3000 miles lugging all the family for a 5 minute interview. The reason they gave for the change was the increased interviewing required (5 minutes x ?) plus the biometric date reqmts (since 2004 there have been great strides with this, all airports have em, so do USCIS offices. I'm sure in due time so will Walgreens). Because of these strides, that argument of travelling back home to do it doesn't hold water anymore and I would say there is a strong argument for reinstating the old system but with 21st century technology. Certainly has to be more efficient for everyone except the airlines.

punky
11-14-2006, 01:12 AM
Thread moved to US Residents. (as its a US specific issue).

Grumpy
11-14-2006, 06:22 AM
Hi

I cannot remember who is over the American Consulate in London, is it the Attorney General office?

Why not copy this letter to Caulfieds boss, never know it may help

DebbieM
11-14-2006, 12:13 PM
Thanks for everyone for the feedback, I have to say I felt better after putting the words together, bit like releasing the valve on a pressure cooker, I'm sure it will begin to boil again soon though.

Zoe - Thanks for questioning this. We were advised by our VA that not so long ago once the application was in and the thumbs up for the interview at the Embassy came through you were 99% home and dry and I have to say this was the way our original application went through.

However, we are being told now that the interview can no longer be viewed in this way and the risk for renewals is enormous due to the possiblity of getting stranded, this is why we have not applied. Once that application goes in you have then poked your head above the fence and have no alternative but to continue with the application.

Obviously, I want to ensure that what I'm saying is a true reflection of the issues so can anyone confirm if I am being informed correctly.

As our application originally went through via a very thorough Visa attorney I am not really familiar with names and places of who would perhaps benefit from a copy of this letter. I know a couple of names have already been mentioned but if I could have a list of who's who and where they are I'll send to the world and its mother if it will help.


Chris - I agree with you about the biometrics. Surely, after you have had them done already - why have to trudge all that way to have them done again. And if they insist why cant they use web-cams for the interview????

Once again thanks for the positive feedback - it is appreciated.

Debs