Thread: need some expert advice!

hello, new to the board, just wanted some advice. although i am realistic, i have found that a couple of other boards i have asked questions on have been so negative and quite frankly rude with answering! i am not looking for someone to tell me that something is going to be ok, when it is not, but there are ways to say things if you know what i mean!

basic history - im married, 3 kids, work as an office manager (suppsoe an unskilled worker) hubby is a part qualified accountant and we also run a hobby business on the side which profits about 20K a year so not hugely profitable but ok as its a hobby business!

my mother was born in the states to an american father and an english mother in wedlock. they divorced when my mom was 18 months old and she, her mother and two siblings moved abckto england. mom came back on her brothers us passport.

mom did not go abroad until she was 34 (i was 6 years old by this time) and since her first trip abroad was back to the states to meet her father, she had to go to the us embassy and get a us passport and be "sworn in" as an american citizen.so is called as an american. she has no plans to go back and reisde.

i have been looknig into citizenship transmission and there doesnt seem to be much hope for me as mom didnt live there long enough for me to qualifiy. however i have ehard that grandparents can sponsor you but it doesnt look like they can over the age of 18? i have also signed up as a member of the AARA as they are donig a lot of work on rightful transmission from parent to child.

basically i am wondering if there is anyone on here who could help me look into citizenship via my grandparents (who are still alive) and whether i have any hope of going down this route? if not then we will have to go down the e-2 visa route as this will be our only way in, but i really dont want to! i do feel that i should be entitled to citizenship, especially considering that under 18's can get citizenship through grandparents even if they have never stepped foot on american soil!

please help!!!!

Hi Crys and welcome to this forum, sorry i can't answer your questions but hopefully some-one will be along who can.

Good Luck to you


Andy

Hi Crys

Welcome to BA. Although i am unable to help you with your questions keep checking in as im sure someone here will have some sensible advice.
Yes its a shame that some sites have a rather rude and negative atitude. I can asure you,you wont find that here. Memebers here are friendly and helpful

thanks for your replies! i am hopnig to find some further information on this. unfortunately, because of the changes in the laws and my mothers physical residence being not deemed enough time in the states, i am having to go down the sponsorship route which i beleive takes 8 years. i want to be in the states now! every time i go, i have a pull in my heart, i feel homesick when i get back to england and i really dont want to be here anymore!

does anyone know anything about the doctrine of double consructive retention and when this can be applied??? very confusing subject but it seems to be my last hope of gaining citizenship!:goofy:

Hi crys,

Not sure where you heard that the visa application takes 8 years? It took us two years for a H1B visa and spouse and that was because the employer in the US didn't submit the paperwork early enough the first year so we had to do it again a year later. I don't know how long an E-2 visa takes though so maybe you're right.

I would be reluctant to give any advice, as in my experience everybody has a different tale to tell about Immigration / Citizenship / Visas etc.
The only way to go is to ask USCIS or a good reputable Immigration attorney.
As a Notary Public I have dealt with many immigration documents, including affidavits of support, in English and Spanish.
If your grandparents were willing to sponsor you they would have to swear an affidavit of support, and take full responsibility for you.
Details here on USCIS site show it from the sponsor's side, and gives the list of preferences:

How Do I File an Affidavit of Support for a Relative?

Regarding E-2 Visa.....I have several friends who got this.
There are things to be aware of, for example the E-2 only lasts as long as you own the subject business.
My friends sold their business to retire, and had to return to England.
Another couple brought their 2 minor children, they were informed when the children become 18
they are no longer covered by the E-2.

Honestly, if you're totally serious about trying for a US citizenship, there's little point in thrashing this around much on the board here.
In my (very humble) opinion, you would be much better off taking some proper legal advice from a good immigration attourney, preferably one that is based in the US. A good one would let you know honestly what your chances are based on your circumstances.
Be careful if you go this route though, there are plenty of sharks out there on the internet that advertise services and will just take your money and do little or nothing for you.

purple

thanks purple. i agree with what you have said. In all honesty, i am trying to do as much background research as possible before contacting an attorney as i have been bitten by one of those sharks before! i know i am not entitled to automatic citizenship through my mother as she doesnt have the physical presence to transmit citizenship to me and we have already submitted our IL130 to try and obtain sponsorship, but in all honesty i dont think my chances would be good. mom is not preapred to move back to the US which i beleive is one of the requirements for sponsorship and on top of that it takes about 8 years to process! in 8 years time, my eldest son will be 19, he may not want to go, he may be ineligible to come with us and i just couldnt leave him so i either do it in the next few years or i dont do it at all.

so i am just trying to do some digging around and hope that i can find out something. I have a limited legal background so am just trying to get as much information together as possible. I have also contact an attorney, who thinks this doctrine could help me, but unfortunately he is not a specialist in this area. in his own words he "doesnt know the ins and outs of the doctrine" so has told me to try and find one that specialises, which i am trying to do. but a bit of background information on it wouldnt go amiss as i cant find any, anywhere!!! hence why i have been asking.

thanks for your reply, much appreciated.

Crystal

Hi Crys,

Glad it helped.
Immigration to the US is a legal minefield, and the lawyers you speak to really need to be expert enough to negotiate their way through it, or you're just wasting your time and money.

As another member said, everyone's immigration case has it's anomalies, and is handled in a different way. So many factors to take into account.

Best of luck with it all, and remember, be patient.