Advice Re. American Citizenship ~ Complicated

KME91

I also can't figure out how he could have been there legally to start with. Unless he applied for a visa in advance for him and all of his kids, the only way he could have gone there legally would be under the visa waiver programme, which only allows a UK citizen to stay for three months before they must leave the US.

If he had a work visa, then he would be working, and his visa would have been tied to that company and job. If he had a student visa he would be in college, and would have had to show that he could support himself financially. If he had relatives there they would be applying for him to join them, which can take years. There's no possible visa process that allows for a friend to help you move legally to the US, if there was there would be hundreds of people doing it, including me.

So, if he overstayed to start with, it's possible that he's not worried about being rounded up and put into a concentration camp for being poor, (because, trust me, those really do not exist), rather he might well be worried about being rounded up and stuck in a detention centre for being there illegally, (which do exist) prior to deportation.

Being married to an American citizen is not necessarily going to help him here either. He'd need to be able to show he'd entered the country legally, and married in good faith. If you came in illegally, you won't be able to apply for a green card, full stop. And if deported you can be barred from returning to the US for years, or longer.

It sounds like he's in a lot of trouble, all of his own making. The worst that can happen is he gets locked up for a period of time and then deported, along with his 4 kids. I don't know if they'd lock the kids up too, I know it has happened though. It'd take a while to process the deportation because of the marriage and the child they have, and because immigration never does anything quick. He might be lucky, they might accept that he came in legally, and overstayed and did marry in good faith and let him stay instead. Either way the responsibility for resolving this situation lies with him and his wife. If she is not working she can apply for social security benefits for the family to take care of them. If he's into the green card application process, that normally takes around a year for a spouse. I suspect that a lot of lies have been told, and my advice to the lady would be to cut off all financial support immediately. It's his wife's job to support him now, not hers. That was the decision she took, marrying a non US citizen.

Sparklyfairy

Just to quickly add..I'm sure the UK Consulate can organise flights back for him & the children (not sure about his wife) for free - it's something the US Embassy can do for US citizens who are in hardship. Calling the UK Consulate can be expensive - what state is he in & we can find the details of his nearest one to help them.

TBH, if he's back in the UK, he'll get accommodation (b & b, then possibly a council house, child benefit, etc) in the US he'll get nothing. There is no secure safety net in the US, even for US citizens after a period of time, so the opportunity to come back to the UK is a very real, safe option for them imo.

gravitytolls

Sparklyfairy wrote: »

Just to quickly add..I'm sure the UK Consulate can organise flights back for him & the children (not sure about his wife) for free - it's something the US Embassy can do for US citizens who are in hardship. Calling the UK Consulate can be expensive - what state is he in & we can find the details of his nearest one to help them.

TBH, if he's back in the UK, he'll get accommodation (b & b, then possibly a council house, child benefit, etc) in the US he'll get nothing. There is no secure safety net in the US, even for US citizens after a period of time, so the opportunity to come back to the UK is a very real, safe option for them imo.

Thanks Sparkly. No idea what state, nor does his mother. She only knows they moved from a warm state to a cold state.

She's not internet savvy at all, in fact she's never used any sort of device ever.

Sparklyfairy

Hi Grav, Any chance you can talk to her about this & perhaps help her put an email together for the Consulate? It could be life changing for the family (especially the children). But, if the son isn't at all interested, there's bound to be so much more to this story than he's let on. Good luck. XXX

gravitytolls

Thanks Sparkly.

She'll not do anything without his approval ~ she called his solicitor to enquire about his green card status and he went ballistic.

She spoke to his old GP today who said he should remain where he is and that he'll help in any way he can.

Errata

gravitytolls wrote: »

She spoke to his old GP today who said he should remain where he is and that he'll help in any way he can.

That seems quite bizarre.

thorsoak

Is he really and truly in the US? I think he is spinning her a line completely and utterly! There is no State in the USA that is cold all the time - even Alaska has a summer!

Sparklyfairy

gravitytolls wrote: »

Thanks Sparkly.

She'll not do anything without his approval ~ she called his solicitor to enquire about his green card status and he went ballistic.

She spoke to his old GP today who said he should remain where he is and that he'll help in any way he can.

So he can afford an immigration lawyer?!
His old GP thinks he should remain there?! Utterly bizarre!

Crap line he's feeding his mom & his old GP is probably glad to get shot of him by the sound of it!

claire16c

gravitytolls wrote: »

Thanks Sparkly.

She'll not do anything without his approval ~ she called his solicitor to enquire about his green card status and he went ballistic.

She spoke to his old GP today who said he should remain where he is and that he'll help in any way he can.

I doubt his gp has the time to worry about old patients.

Your friend is wasting her time & money.

duchy

So he's taking her money but she has no address for him.