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-   -   help my family return to america (http://www.expatsvoice.org/forum/showthread.php?t=30015)

florida 06-23-2012 06:37 PM

help my family return to america
 
i have created a petition to Obama to bring Evie (my grand daughter who is a US citizen), my daughter joanne and my son in law paul all home to Florida, we are trying to collect signatures to help our cause. If you click on the link below and sign we would really appreciate - any support or help we can get to get back home would be so helpful

http://www.change.org/petitions/pres..._source=guides

Steve in clermont 06-24-2012 11:27 AM

Re: help my family return to america
 
Quote:

Originally Posted by florida (Post 103156)
i have created a petition to Obama to bring Evie (my grand daughter who is a US citizen), my daughter joanne and my son in law paul all home to Florida, we are trying to collect signatures to help our cause. If you click on the link below and sign we would really appreciate - any support or help we can get to get back home would be so helpful

http://www.change.org/petitions/pres..._source=guides


done

Bayfield 06-27-2012 04:38 AM

Re: help my family return to america
 
Who is stopping a US Citizen entering the US?

JulieC 06-29-2012 02:28 PM

Re: help my family return to america
 
Though I have every sympathy with you with your family split up ( and have signed), what you put in the reasons for them having to leave on the petition made little sense to anyone who knew anything about immigration law. Reading your past posts, it seemed to me that their green card was denied a long while ago and they were in appeal. An appeal does not give you status. Did they leave or have they been in the US pending appeal and where then denied??? If they stayed on, they will have got a bar to re-entry.

florida 06-29-2012 05:37 PM

Re: help my family return to america
 
hi

always been in status, joanne has a master degree in buisiness computing, and job offer, immigration said after about 18 months that joanne did not have the education, ( which was totally wrong), so appeal was put in, and change of status applied for and granted, while appeal was going through.
after a total of 5 years, immigration agree joanne has the education, but after 5 years the job is no longer there, no one keeps a job open for 5 years.
so they had to leave, evie is a 3 year old american, and she does not want to live in england, her parents have been in america for 11 years.

if the green card had been granted, when it should have been they would be well on there way to being american citizens by now??

this is a total mistake by immigration,

so before the green card denial came back they went back to the uk, they where still in status when they left as we know 1 illegal day is a 5 year ban

florida 06-29-2012 05:39 PM

Re: help my family return to america
 
hi

sorry, shoud have read 10 year ban

chris 06-29-2012 08:13 PM

Re: help my family return to america
 
Have you gone to your Senator about this situation. They have the power to sponsor and get through GC's for specific individuals where the circumstances warrant it. Whether that will do any good now that the job is no longer there may put the tin lid on it, but at the end of the day, a little girl is a US citizen and the Senator needs to help address this burueaucratic cock-up.

florida 06-30-2012 08:02 PM

Re: help my family return to america
 
hi
as it happens we did go and see senator bill nelsons people, about 10 days before they had to leave, a mr lopez, there immigration person, took down the details, and had washington look at the case, they then has a special session on a satuday in washington about it ( which i am told is very rare for a civilian), and as a result it has now gone to a special appeals board,??that is the latest, having talked to mr lopez on friday, he said that he to had now read up on the case, and he said there has been obviouse mistakes made by immigration and that if the appeals board do not put it right, he is going to go over there heads, he was very open and honest with me, as in the past he has been very reserved, but i got the feeling he now knows joanne and family have been wronged, and it should be put right.
as a caution he did say government departments do not like admitting they made a mistake???.
so a bit bitter sweet news.

chris 06-30-2012 11:36 PM

Re: help my family return to america
 
Glad to hear that bit of positive news for your family. Let's hope wrongs are righted.

Bayfield 07-02-2012 04:52 AM

Re: help my family return to america
 
What does their Lawyer say?

(PS What 3 year old knows about or has any say in their location?)

JulieC 07-02-2012 12:22 PM

Re: help my family return to america
 
Quote:

Originally Posted by Bayfield (Post 103177)
What does their Lawyer say?

(PS What 3 year old knows about or has any say in their location?)

Have to agree. A three year old will be happy wherever she is and has no concept of country at her age. I suspect it is her parents who do not want to live in the UK and that is rubbing off on the child. She will always be American and can go back if she wants, even sponsor her parents when she is 21 but I dont believe it is furthering your case any by saying that living in the UK is having a bad effect on the child.

I dont mean to sound harsh and have every sympathy as reading around this, I believe they used the same immigration attorney who messed up my own green card application and now I am back in the UK and my son who was in the US for eight years is in Korea as he had to leave. But you have to structure this properly, get rid of the emotive stuff and concentrate on immigration basics, as the emotive stuff doesnt wash with them.

For starters if they have now decided she has the education, surely there are other jobs she can apply for?? If she changed status to something else while the appeal was going through, why did she abandon that status??

Bayfield 07-02-2012 01:27 PM

Re: help my family return to america
 
From an Immigration perspective I can not make sense of the story.

Very few people go to Green Cards straight away, most would be on a H and L whilst they wait to be sponsored by their employer and then their priority date become current.

florida 07-02-2012 04:55 PM

Re: help my family return to america
 
hi

they have always been on visas, so while the appeal was going through, they where on h1b, first time no problem at all.
then immigration changed rules,?
then h1b applications that have been put in afterwards, receipt notices sent out, but h1b never activated by immigration, they just never replied to attorney when he pushed for answers, they have just sat on the applications.

believe me, if h1b was active they would be coming back and changing status.

if you know of a way to make immigration actually do what they are supposed to do, please let me know, because we have spend tens of thousands of dollars pushing them.

3 year old grandaughter on skye, says see you next week nanna. when i come home??

Bayfield 07-02-2012 06:05 PM

Re: help my family return to america
 
H1B is for 3 years and can be extended for 3 years. Then you need a year out.

Did their Employer file for their GC's if so what category were they in.

Have they a Lawyer of their own? My money would be on a Lawyer screw up.

You need to tell her she is home.

florida 07-02-2012 09:47 PM

Re: help my family return to america
 
hi
thank you for your take on how a h1b works, but she pays an attorney plenty of money to take care of that.
as mentioned they have always been in status, and followed the rules, i know on forums like this one and others, some people tend to dig into things, but i can assure you, they have followed the rules all the way.
if immigration had not made the big mistake of saying joanne did not have the education, ( when she clearly did), we would not be in this position.
we only asked if people would sign the petition.

Bayfield 07-02-2012 10:16 PM

Re: help my family return to america
 
The Employer pays the Attorney.

The Attorney acts for and in the best interests of the Employer.

In this case where there seems to be a big screw up it would be a good idea for the Employee to seek independent counsel.

JulieC 07-03-2012 05:40 PM

Re: help my family return to america
 
Quote:

Originally Posted by Bayfield (Post 103181)
H1B is for 3 years and can be extended for 3 years. Then you need a year out.

Did their Employer file for their GC's if so what category were they in.

Have they a Lawyer of their own? My money would be on a Lawyer screw up.

You need to tell her she is home.


Agree totally, you do. In six months time, she will think she is home but hoping to visit Nanna for a nice holiday. Why does she think she is going back in a week?? If you let her settle down, she will. Sorry if that seems harsh, I know you must miss her.

florida 11-14-2012 11:43 PM

Re: help my family return to america
 
hi

a day never went by without our 3 year old grandaughter asking when she was going back to her american home, even when she was at the little school she went to, she even told her teacher she will be going home soon.

well they arrived back yesterday, as a father and grandfather i was not having our family split up.

it may be a 5 year visa, and not the green card that it should have been, but i am not finished yet with this system.?

we are so happy to see them, we could be heard all around orlando airport, people in lines all turned and smiled at a really happy family reunion.

florida


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