Info on an i130 application.

jjbrien

I was told by my childhood doctor to contact the local HSE clinic where i grew up they had all the vaccination records they just emailed me copies.

spideog7

él statutorio wrote: »

My wife and daughter are moving over in about 3 weeks and I intend to follow them in mid August (on an ESTA til the visa gets sorted, I know I can't work).

I'd be wary of travelling to the US on the ESTA with an application processing. I've heard of people doing it but just make sure to have all of your documentation in order and be aware that you will probably have to return to complete the process.

él statutorio

We've decided to get a lawyer involved, I think I underestimated the complexity of the whole process.

I'll keep this thread updated though, just in case anyone else has issues.

él statutorio

So, the best the lawyer can come up with is for me to head to the states and apply for an i485 once I'm there.

That'd have me being able to work 90 days after the application is received.

Not sure where that leaves me as I don't know if that route would be any better than the current i130 application.

silja

Do NOT listen to that lawyer, that would be visa fraud.

él statutorio

silja wrote: »

Do NOT listen to that lawyer, that would be visa fraud.

Ok, I'm confused here, I thought I had to be in the US to file an i485? (and an i765)

How does that get filed in that case?

spideog7

As mentioned above that is fraud and USCIS will flag it immediately and almost certainly bar you from entry for a decade if not for life.

él statutorio

Just did some reading and that confirms it.

There must be some confusion with the lawyer because they came highly recommended.

*edit*
conflicting info out there
http://www.pugetsoundlegal.net/2013/07/09/i-came-to-the-u-s-on-esta-can-i-adjust-status/

silja

You CAN adjust status inside the USA, but it is meant for very special circumstances, such as you visit the US with your US spouse and their parent gets sick and you two need to stay there to take care of them, or war breaks out in your home country and you cannot go back. If you enter the USA on the visa waiver program or a tourist visa with the intent of staying, that is visa fraud, illegal, and can get you a lfie time ban. Do not risk it.

spideog7

silja wrote: »

You CAN adjust status inside the USA, but it is meant for very special circumstances, such as you visit the US with your US spouse and their parent gets sick and you two need to stay there to take care of them, or war breaks out in your home country and you cannot go back. If you enter the USA on the visa waiver program or a tourist visa with the intent of staying, that is visa fraud, illegal, and can get you a lfie time ban. Do not risk it.

Yes the fraudulent part is telling them you only intended staying for less than 90 days for vacation (when entering on the ESTA).

él statutorio

I'm going to speak to the lawyer tonight as there must be some confusion somewhere. It's a large law firm in SF that does a lot of immigration work so you'd hope they know what they're doing.

As a precaution I've fired off a mail to a different firm as well.

jjbrien

I stongly recommend you not going ahead with the i485. By filing an I130 already you have signaled your intent to reside in the USA permanently which would go agaist you if you entered on the visa waver and then tried to file an i485

él statutorio

jjbrien wrote: »

I stongly recommend you not going ahead with the i485. By filing an I130 already you have signaled your intent to reside in the USA permanently which would go agaist you if you entered on the visa waver and then tried to file an i485

I don't think I'll go down that route unless both sets of lawyers say it's a viable option.

From what I've read, in California it seems that it's technically possible to do an i485 alright, but, that doesn't necessarily mean I should be doing it.

silja

él statutorio wrote: »

From what I've read, in California it seems that it's technically possible to do an i485 alright, but, that doesn't necessarily mean I should be doing it.

This.
It is technically possible, but it is illegal and while some people get away with it, it is a) immoral to break the law, this not something boards.ie condones or instructs and b) can lead to a lifetime ban.

él statutorio

silja wrote: »

This.
It is technically possible, but it is illegal and while some people get away with it, it is a) immoral to break the law, this not something boards.ie condones or instructs and b) can lead to a lifetime ban.

Right, I've spoken to two different lawyers. Both have said that it IS possible to file an i485 while on the VWP and it's NOT illegal. He said it's all about how the application is structured, along the lines of "I didn't plan on staying but when I got here I changed my mind". It all sounds very lawyer-ish and it's not something I'd advocate anyone doing on their own and certainly not without an immigration lawyer advising it.

However, the guy I spoke to yesterday said it probably wouldn't benefit me anyway as it'd be 90 days from when I file an i485 before I'd have a work visa. He reckoned that sticking with the system I'm currently in would probably be faster. I can travel in on an ESTA next month and as long as I have a return ticket I'll be fine. I'd essentially be flying back to Dublin for the interview & medical.
He said they could do an i485 application for me when I land but it'd probably be money down the drain as my i130 would most likely get to me first.

So, the question I forgot to ask the lawyer is, once I get the I130, do my interview in Dublin and it's all signed off, is it then just a matter of getting to the US and starting work?

spideog7

él statutorio wrote: »

Right, I've spoken to two different lawyers. Both have said that it IS possible to file an i485 while on the VWP and it's NOT illegal. He said it's all about how the application is structured, along the lines of "I didn't plan on staying but when I got here I changed my mind". It all sounds very lawyer-ish

Yes but that would be a lie, you know it and the lawyer knows it, because you have already made it clear to him and indeed on here that you had planned on staying. Lying in your visa application is fraud and grounds for a lifetime ban.

That lawyer sounds like he's full of sh*t, but then again he is a lawyer so I guess that goes without saying.

OP most of the folks advising you here have gone through the same process with all the forms and money that entails. It's not a complex process you just have to do what they ask when they ask and wait until they get to your application. You won't get much pity here if you begin to circumvent the rules that are clearly in place.

silja

él statutorio wrote: »

So, the question I forgot to ask the lawyer is, once I get the I130, do my interview in Dublin and it's all signed off, is it then just a matter of getting to the US and starting work?

Yep! If you pass the interview- which is very rarely an issue- you will get your passport back with the visa in it about 1-2 weeks later, via post. You travel to the USA and at immigration, they will give you a stamp on the visa page which acts as a temporary greencard till your physical one arrives. You are authorised to work and travel right away, though most employers will want your social security number, which you can get from the SS office about ten days after arrival.

él statutorio

spideog7 wrote: »

Yes but that would be a lie, you know it and the lawyer knows it, because you have already made it clear to him and indeed on here that you had planned on staying. Lying in your visa application is fraud and grounds for a lifetime ban.

That lawyer sounds like he's full of sh*t, but then again he is a lawyer so I guess that goes without saying.

OP most of the folks advising you here have gone through the same process with all the forms and money that entails. It's not a complex process you just have to do what they ask when they ask and wait until they get to your application. You won't get much pity here if you begin to circumvent the rules that are clearly in place.

I'm not circumventing any rules, nor do I plan to.

I appreciate all the advice on this thread, I hold my hands up in saying that I hadn't done my homework on the application process before we applied. In hindsight I probably should've engaged a professional from the start, or at the very least I should've fired up a post here.

I agree with your assessment of the lawyer though. It may be "legal" but to be honest I'm not entirely comfortable with the ethics of it. I just wanted to know what options were available. (it confirms my opinion of lawyers though which i suspect are similar to yours)

At this point, I think the most practical option for me is to go over on an ESTA, with a return ticket and fly home for the interview in Dublin which will hopefully be inside of the 90 days. (failing that I'll have to make a second return trip)

I guess I'll have to view it as an extended holiday and an opportunity to spend some quality time with my daughter. I'll speak to the company that made me the job offer and explain the situation, if they can accommodate me and hold the position open til the visa gets sorted then that'd be a win.

él statutorio

silja wrote: »

Yep! If you pass the interview- which is very rarely an issue- you will get your passport back with the visa in it about 1-2 weeks later, via post. You travel to the USA and at immigration, they will give you a stamp on the visa page which acts as a temporary greencard till your physical one arrives. You are authorised to work and travel right away, though most employers will want your social security number, which you can get from the SS office about ten days after arrival.

Thanks Silja,

The advice I got from that lawyer last night was basically to hound the NVC regularly as they can move cases along (it's at the whim of whoever you call apparently). I suppose it can't hurt anyway.

Once the application is kicked over to Dublin I'm in the home stretch! I don't anticipate any issues with the interview but if anyone has any advice on that I'll be happy to take it on board.

silja

él statutorio wrote: »

The advice I got from that lawyer last night was basically to hound the NVC regularly as they can move cases along (it's at the whim of whoever you call apparently). I suppose it can't hurt anyway.

Well I am glad you didn't hire that lawyer cause that is not true either. NVC has a callcenter, they can't do much other than look up the computer. If you plan on asking for an expedite based on financial hardship, it wil go to a officer, away from the call center.

él statutorio

Just an update on this, still now word from the NVC, they won't deal with me til the 15th of this month.

In other news, my prospective employer has agreed to hold the position open for as long as it takes for the visa to get sorted. So, some of the pressure is off.

él statutorio

Latest update, the NVC and the embassy in Dublin have agreed to expedite my application.

él statutorio

I have finally gotten an interview appointment (yay).

I'm Scheduled for the 16th of October. I have all my docs ready (or I will have them by then).

I have a question however, if the interview is on the 16th and assuming it all goes according to plan on the day will I get the greencard right then and there or will they hold onto my passport for a few days?

él statutorio

So, just to update this. I collected my visa last Tuesday from the embassy. I flew back stateside the next day.

Despite my case being expedited, I found certain staff in the embassy in Dublin to be useless. For some reason they seemed to take an attitude with dealing with me because my case got expedited, they were largely ignorant of some of the details around documentation and plain wrong in other instances.

Granted I had all my dealings with one individual there, that may not be reflective of all the embassy staff.

All in all I'm just glad it eventually got sorted. I'm happily working away here and it all bodes for a sunnier future.

Thanks to all that contributed on this thread.