susan ward
Banned
Hi Friends
Not sure if this is the correct place to post, so please bear with me.
I am so sorry not to have been posting recently due to my husbands illness
and devastated to report that my dear husband was diagnosed terminal on the 4th May 2006 and passed away on 13th May 2006 after a very short illness.
Ian was such a kind man, full of life, fun, honest, caring and always helping and thinking of others before himself. He was an ex policeman and helped many people over the years but never expected anything in return. His motto was "do unto others as you would like them to do unto you"
He served on our HOA sub division on the ARB for 8 years. The last three years was also president of the HOA and whilst in the UK was a volenteer police constable for 5 years before joining the Met police as a regular constable
My husband was the petitioner for my son, apparently the case's die's with Ian and I may have to start all over again. Ian's only wish for himself was that our only remaining son with immigration problems be allowed his green card.
I am told it may be possible to reinstate the case but will cost approx $6000.00 If approved we will have to go to court to fight the CSPA under a point of Law like the Kym and Pradash cases. The court fees could cost a fortune and now do not know where to turn as all monies are frozen and will need to go to probate in the USA and home country
If I have to start again I will need to file an I 130 for son. TSC is working on cases received in 1996 (the last time I looked) so will be years to get him with us. Also If I die whilst this new case is pending then this case will also die with me.
Am I correct in thinking that UNLESS his brothers become US citizens then they are NOT allowed to petition for their brother??
Here are the cases for my son so far;
1. Husband petitioned son for green card but was advise in Oct 2005 that he aged out of CSPA. He submitted paperwork prior to sons 21st and pending at enactment of CSPA with no final determination
2. As we thought he may age out our USA company sponserd son for an L1 (inter company transfer) This was approved in Aug 2003 by TSC then denied at interview in Sept 03 and sent back to service centre for review and /or revocation. The letter said our son would hear further on this case. Well TSC said they never had the case back from embassy and upshot is the case has gone missing.
3, Due to the above, my son comes to visit the USA on a visa waiver, normally once a year for just the 90 days. This year , as his dad was ill he came back to the USA in March 06. We knew he must not overstay, so booked an emergency appointment with the American embassy in home country for a B visa This took 4 weeks and appointment was made for 6/6/06 THIS WAS DENIED
Reasons given
1. My son cannot show enough ties to home country. He does not own a property as he lives in family home. Mother and brothers all have their green card.
2. As he has been in the USA for 5 and a half months within the last 12 months, visa denied and told he can come on the visa wavier
3. My sons who are LPR can help me with probate, so there was no need for him to assist me
FYI
On the 11th May 2006, (2 days before husband passed) I had a accident at home. I tripped and fell over the hospice bed and damaged my foot. The night my husband passed the nurse looked at my foot but by this time the swelling was so bad and right to the top of my leg. The nurse made me promise to attend the hospital on 14th May 06. I went and had scans for blood clots and xrays. No damage was found.
I have been back to the hospital on 16th, 31st May 06 and sent back to hospital on 1st May and had more xrays and scans as the swelling and pain is so bad. I have to return to the hospital on monday.
At present I am being treated for Pain to injury, sleeping pills, depression and not able or allowed to drive. My husband runs our US business from home and my eldest son is working 18 hours a day. His is not only doing his normal work load but some of his dads. My youngest son (for medical reasons) is not able to assist me with probate.
There is no way we can employ anyone to do my husbands job as firstly I cannot have strangers in my home due to my depression and know one knows what my husband did anyway, so how can we train anyone?
I have been working with our congressman since 2002 to seek his assistance with all our cases and called him on 6/6/06 to advise about this 3rd denial. He is trying to help and will update you all when I get any news.
All my sons are greiving and need each other asap for support and I need my boys to try and support them. Can you imagine having one son stuck in home country greiving alone?
Apparently there is no provision to change to any other non immigrant or immigrant visa IF you arrive in the USA on a visa wavier so my son had no choice but to retun to home country to attempt to get visa quickly.
I am in a dreadful state, has anyone got any ideas if there is any provision in law to assist our family?
Regards Sue www.expatsvoice.org
Not sure if this is the correct place to post, so please bear with me.
I am so sorry not to have been posting recently due to my husbands illness
and devastated to report that my dear husband was diagnosed terminal on the 4th May 2006 and passed away on 13th May 2006 after a very short illness.
Ian was such a kind man, full of life, fun, honest, caring and always helping and thinking of others before himself. He was an ex policeman and helped many people over the years but never expected anything in return. His motto was "do unto others as you would like them to do unto you"
He served on our HOA sub division on the ARB for 8 years. The last three years was also president of the HOA and whilst in the UK was a volenteer police constable for 5 years before joining the Met police as a regular constable
My husband was the petitioner for my son, apparently the case's die's with Ian and I may have to start all over again. Ian's only wish for himself was that our only remaining son with immigration problems be allowed his green card.
I am told it may be possible to reinstate the case but will cost approx $6000.00 If approved we will have to go to court to fight the CSPA under a point of Law like the Kym and Pradash cases. The court fees could cost a fortune and now do not know where to turn as all monies are frozen and will need to go to probate in the USA and home country
If I have to start again I will need to file an I 130 for son. TSC is working on cases received in 1996 (the last time I looked) so will be years to get him with us. Also If I die whilst this new case is pending then this case will also die with me.
Am I correct in thinking that UNLESS his brothers become US citizens then they are NOT allowed to petition for their brother??
Here are the cases for my son so far;
1. Husband petitioned son for green card but was advise in Oct 2005 that he aged out of CSPA. He submitted paperwork prior to sons 21st and pending at enactment of CSPA with no final determination
2. As we thought he may age out our USA company sponserd son for an L1 (inter company transfer) This was approved in Aug 2003 by TSC then denied at interview in Sept 03 and sent back to service centre for review and /or revocation. The letter said our son would hear further on this case. Well TSC said they never had the case back from embassy and upshot is the case has gone missing.
3, Due to the above, my son comes to visit the USA on a visa waiver, normally once a year for just the 90 days. This year , as his dad was ill he came back to the USA in March 06. We knew he must not overstay, so booked an emergency appointment with the American embassy in home country for a B visa This took 4 weeks and appointment was made for 6/6/06 THIS WAS DENIED
Reasons given
1. My son cannot show enough ties to home country. He does not own a property as he lives in family home. Mother and brothers all have their green card.
2. As he has been in the USA for 5 and a half months within the last 12 months, visa denied and told he can come on the visa wavier
3. My sons who are LPR can help me with probate, so there was no need for him to assist me
FYI
On the 11th May 2006, (2 days before husband passed) I had a accident at home. I tripped and fell over the hospice bed and damaged my foot. The night my husband passed the nurse looked at my foot but by this time the swelling was so bad and right to the top of my leg. The nurse made me promise to attend the hospital on 14th May 06. I went and had scans for blood clots and xrays. No damage was found.
I have been back to the hospital on 16th, 31st May 06 and sent back to hospital on 1st May and had more xrays and scans as the swelling and pain is so bad. I have to return to the hospital on monday.
At present I am being treated for Pain to injury, sleeping pills, depression and not able or allowed to drive. My husband runs our US business from home and my eldest son is working 18 hours a day. His is not only doing his normal work load but some of his dads. My youngest son (for medical reasons) is not able to assist me with probate.
There is no way we can employ anyone to do my husbands job as firstly I cannot have strangers in my home due to my depression and know one knows what my husband did anyway, so how can we train anyone?
I have been working with our congressman since 2002 to seek his assistance with all our cases and called him on 6/6/06 to advise about this 3rd denial. He is trying to help and will update you all when I get any news.
All my sons are greiving and need each other asap for support and I need my boys to try and support them. Can you imagine having one son stuck in home country greiving alone?
Apparently there is no provision to change to any other non immigrant or immigrant visa IF you arrive in the USA on a visa wavier so my son had no choice but to retun to home country to attempt to get visa quickly.
I am in a dreadful state, has anyone got any ideas if there is any provision in law to assist our family?
Regards Sue www.expatsvoice.org
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