Very Original Situation (Please Help!)

[skidoo 0]

Hello everyone!

Get ready for what I think is quite an original case. Enjoy the ride of my personal story as a US immigrant wannabe, and please help me resolve my situation if you can, because right now I'm totally desperate!

So here we go:

I am a french citizen. My ex-wife (also french) and I arrived in the US first in March 2001 under a E-1 visa. I had indeed invested in a franchise of a famous french brand of luxury shoes. We opened the store early april '01 on the island of MAUI (HAWAII) in a high-end newly-opened shopping center.

Business was doing ok until 9/11 happened. Japanese prime-minister asked his citizens to stay home, and neither travelers from California or NY visited the island anymore for close to a year past this awfully sad event. On top of that, the Island of Maui got put on quarantine for the first time in 50 years in October '01 (yes, less than a month after 9/11) due to the DENGUE fever that hit the northern part of the island. Maui's airport was shut down for 2 months, thus even local visitors from the 4 other islands would not visit us. In other words, it was a total economic disaster for us and most businesses that rely on tourists in Maui.

Things got ugly with my ex-wife (advice: never partner with a friend or spouse!) and she left the island in May '02 and moved back to Paris. I decided to stay on Maui and tried to handled the already tough situation with the business, since our landlors wouldn't give us a break with the rent ($15,000 a month!!!). Anyway, like many other independent stores in this luxury shopping center (Shops at Wailea), I had to go bankrupt by September'02. THe only survivors were the big guys such as Louis Vuitton or Gucci who can handle losses for months as long as they make profits in other parts of the world.

I'm sure you know, but E-1 visa (investor's visa) are granted for 5 years, and each time you enter US, you're usually granted 2 years to stay. My last entry was in July'02, so technically I could stay until July'04, even though if you go by the books, that's only if the business still exists. But at that time of entry it still existed, and I had to stay to manage the bankruptcy, liquidation etc. until the end of 2002 minimum anyway.

By early 2003, I was 33, divorced, and had lost pretty much all the money I had saved in almost 10 years of hard work back in France. I'm talking about around $360,000. Lost for me, but a big amount of cash that got input in US economy since all that money was paid to the store's architect and contractor, into rents, inventory purchase from NY (that french brand had an office there), employees salaries etc...

I gambled and lost. Fair enough. ###### happens.

But I decided to at least enjoy my 5 years of visa and stay in the US, since I had fell in love with this country (hard not to when you live in Hawaii...) and was sure by then it's the country I want to live the rest of my life in.

By the way, here's a little piece of advice and trick: if your E-1 is about to expire (say at 4 years and 10 months), make sure you enter US a couple months just before the deadline, and claim (if asked) that your E-1 renewal is being process your country's US embassy, but you haven't received validation yet. The officer can not refuse to let you in (since you're a manager and essential tothe business' survival) and he will likely grant you another round of 2 years, making it a total of 5+2=7 years of stay. That's what I did and it worked.

Now you may ask: "why the hell did you want to stay in US so bad"? I told you, I just love it here and always felt like feeling in prison while in Paris, which is a great city to visit, but certainly not to live in. That's my personal opinion though, but based on 30 years of experience there.

So here I am, in Hawaii enjoy the sun and try to recover from losing both my wife and business in less than a year. Shitty year that was.

As if that wasn't enough, in the meantime my mother contracted a very rare degenerative disease (in the family of Parkinson/Alzheimer) aged only 55. Being her only family (my father left I was only 8), I decided to help her and moved closer to France, namely in Miami so she could travel back and forth (under VWP) and at least enjoy the sun for the few years she had left.

I was living back then through freelance contracts (I hold a MBA level) and never stole the job of any american as all my revenues were coming and still come from Europe. I don't even benefit from any social structure from the US since we have universal health care in France, thus I'm totally covered if I end up at the hospital.

Until 2005, my mother was still ok, but her situation got rapidly worse, to a point where she got stuck here in the US, ending up at the hospital and overstayed. We're 4 years later and she's still alive, but can't neither talk, nor walk. We have a letter from the neurologist saying she already couldn't travel by plane by 2005. She indeed is incontinent, can get into panic attacks and start screaming and/or cry with heavy noise and could vomit etc... no airline would accept her so she's basically stuck in US. A private charter to France would be out of the question as it costs nearly $250,000 and her travel insurance wouldn't cover it since she's not in a life-threatening situation either. In other words, she's here for good, until the end of her life, which according to her neurologist should have already happened 3-4 years ago, since life expectancy for this disease is usually around 6-7 years.

It's almost a miracle she's still alive. Today I'm her care-giver 24/7 and get help from a nurse just 6 hours a day as we can't afford more. But we're fine, my mother's pension from France and my revenues from Freelance jobs amply cover us financially. I want to believe the reason why the woman who sacrificed everything to raise me (alone) and to pay my MBA, is somehow still holding to life thanks to my good care and love. One thing is sure, I want to be here for her until the end, otherwise I couldn't watch at myself in a mirror anymore.

Sorry for this digression, but it'll help you understand where I'm coming from. Back to my visa issue...

We're in february 2008. The "2 years extension" of my 5-years E-1 visa come to an end and I become nothing more than a regular tourist. At that point, it's too dangerous to let my mother alone with a nurse (not to mention that there are certain cares only I can do - too long to explain) so my solution is to travel back and forth to Nassau and renew my VWP every 90 days. I was traveling the morning to Nassau and come back the same day. All was good.

Until February'09. I got caught by the immigration officer who said I was 'abusing' my VWP prerogatives. I contested that as there's yet no text of law defining the exact number of days you're supposed to spend abroad before coming back to the US under a VWP. Anyway, it was obviously a bad day for her and I got denied entry. The next morning I went to the american embassy in Nassau and managed to get a business visa, since I'm also in the process of doing business in the US now with a partner from France who's willing to open a sister company here (in the dog fashion industry / I know... please don't laugh. It's actually one of the only growing industry right now - LOL) and commissioned me to organize his exhibition at a trade show in NYC on august 23rd.

My problem is that my business visa will expire on August 1st '09 (valid for 6 months) and the trade show will take place on august 23rd. Right now I'm working on building the booth displays, handling potential partnership with local manufacturers and fabric sourcers etc...

I've of course tried to get a visa-extension directly at the point of entry, but they didn't want to give me more than 6 months, given my records of VWP 'abuse' (or whatever they call it).

In these past 8 years, I've become what I think is a proud literate american deeply in my heart, even though I can't neither work nor vote in this country I love. But fair enough, being here and spending my money here is all I'm asking. Yet I risk deportation as soon as August 1st if I don't find a way to stay legally.

So far, I'm 100% legal in this country. My mother has overstayed by already 4 years due to medical reasons as you already know, but I doubt she could be detained should USCIS ever finds her, given her medical condition. Otherwise, I would contact french embassy immediately and inquire for help with her case.

I can't imagine leaving the country after more than 8 years here, somehow contributing to your economy by spending both my mother's pension and my own revenues here. We're stealing the jobs of nobody. We're both more like long-term retirees.

I know it's a lot to process, so here's what I think my options could be at this point:

________________________

1) try the diversity program lottery (check. i cross my finger for this year, results will be in July and since I'm accidently born in Morrocco, my chances are pretty high since almost 10% of winners come from this country!)

________________________

2) ask for a business visa extension. at best I get an extra 6 months. I can claim the date for the trade show is 3 weeks after my visa expires and can prove it as we have a signed contract with the show organizer.

________________________

3) apply for an L-1 visa. ask my partner in France to say I work with him for more than a year (which is true on and off) and 3 years later try to get a greencard

________________________

4) in case results from the lottery are negative, find quickly a girl friend ready to marry me and do that in July before my business visa expire august 1st, and then seek immediate AOS. That will probably cost me big time, at least in organizing a decent wedding, not to mention all the trouble with interviews I've been told. By the way, does anyone know if the interviewer still show up at your house without notice? (as seen in countless movies). Because if so, I'm afraid they would find my 'illegal alien' mother...

________________________

5) Become an illegal alien and take my chance. I just moved to a new house, so I still can forward the mail from my previous address to a PO Box instead of my new address and of course not seek any job in US (which is by no means my intention anyway since I remain a freelance for good).

_______________________

I don't know, at this point I'm depressed, panicked and confused. I really don't know what to do. What if I can't find a solution? Will they deport me or put me to jail? What will happen to my mother? I have no brother, no sister. I'm the only family she has, and same for me.

Any input will be highly appreciated. Don't hesitate to be frank. Please tell me which of the above 5 options is the most viable in your opinion, and if so, please give me your advice on how to succeed with this path.

I know this is a VEEERRRRY long post. If you managed to read it fully, I would like to thank you very much for reading my quite unfortunate story. Maybe it will even cheer you up and make you feel like your life isn't that bad after all...

Thank you again in advance for your responses and advices.

[scandal 951]

That is a long post.

Here are some factors for you to consider.

1. This is a family-based immigration board intended for people in genuine relationships who are trying to reunite with a loved one they are separated from. This is not your case.

2. The TOS of this board (which you agreed to upon joining as a member) frowns upon illegal actions, discussion illegal immigration actions, or advising others to perform illegal actions.

3. You have admitted to at least 1 prior illegal act. You are asking advice for possible further illegal acts.

The prior act was this:

By the way, here's a little piece of advice and trick: if your E-1 is about to expire (say at 4 years and 10 months), make sure you enter US a couple months just before the deadline, and claim (if asked) that your E-1 renewal is being process your country's US embassy, but you haven't received validation yet. The officer can not refuse to let you in (since you're a manager and essential tothe business' survival) and he will likely grant you another round of 2 years, making it a total of 5+2=7 years of stay. That's what I did and it worked.

That is illegal. You told a bold-faced lie to an immigration officer at a Port of Entry in order to gain entry to the country. This is considered visa fraud and is taken seriously.

The further acts you ask about include this:

4) in case results from the lottery are negative, find quickly a girl friend ready to marry me and do that in July before my business visa expire august 1st, and then seek immediate AOS. That will probably cost me big time, at least in organizing a decent wedding, not to mention all the trouble with interviews I've been told. By the way, does anyone know if the interviewer still show up at your house without notice? (as seen in countless movies). Because if so, I'm afraid they would find my 'illegal alien' mother...

Marriage for the express purposes of obtaining immigration benefits is a very serious act of visa fraud. It is condemned in the strongest possible terms on this board. NO ONE here will give you advice to contemplate such a thing.

Beyond that - I feel sorry for your plight. You are among many people who would like to stay in the US but probably cannot. You should probably seek professional legal counsel.

[skidoo 0]

Unless you work for the USCIS, I think you should chill a little my friend. Life will eventually teach you that there's nothing to be taken truly seriously but death. We all live in one world and I personally feel that as long as I'm not stealing the bread of anyone, I don't see why couldn't I stay in any country of my choice. After all, I didn't create these borders. That's just my personal opinion on immigration though.

Just so you know, what I told that officer wasn't really a lie since at that time, I was actually seeking to transfer my business to Florida so I indeed had a file in US embassy in Paris to seek re-instatement of my E-1 visa, since the trustee couldn't manage to sell-off my inventory of shoes and offered me to buy them out.

And I've read threads on this board way more borderline when it comes to what you call "marriage fraud". Thus unless this is your forum (which is possible the case but if so what are you doing in Thailand???) you should relax a little or check out other threads way more problematic with this board's terms in my opinion...

Go get maybe a thai massage first, and let's have an adult conversion thereafter if you will.

Peace.

[skidoo 0]

one last thing uscandual: since you seem to know it all, how come I can't edit my original post anymore? If only for one thing, to remove the parts that got you all concerned with the board's TOS. Is there a time limit to edit one's post? Or did you block perhaps me that feature on purpose? Please explain.

[SirJon 0]

Hello everyone!

Get ready for what I think is quite an original case. Enjoy the ride of my personal story as a US immigrant wannabe, and please help me resolve my situation if you can, because right now I'm totally desperate!

So here we go:

I am a french citizen. My ex-wife (also french) and I arrived in the US first in March 2001 under a E-1 visa. I had indeed invested in a franchise of a famous french brand of luxury shoes. We opened the store early april '01 on the island of MAUI (HAWAII) in a high-end newly-opened shopping center.

Business was doing ok until 9/11 happened. Japanese prime-minister asked his citizens to stay home, and neither travelers from California or NY visited the island anymore for close to a year past this awfully sad event. On top of that, the Island of Maui got put on quarantine for the first time in 50 years in October '01 (yes, less than a month after 9/11) due to the DENGUE fever that hit the northern part of the island. Maui's airport was shut down for 2 months, thus even local visitors from the 4 other islands would not visit us. In other words, it was a total economic disaster for us and most businesses that rely on tourists in Maui.

Things got ugly with my ex-wife (advice: never partner with a friend or spouse!) and she left the island in May '02 and moved back to Paris. I decided to stay on Maui and tried to handled the already tough situation with the business, since our landlors wouldn't give us a break with the rent ($15,000 a month!!!). Anyway, like many other independent stores in this luxury shopping center (Shops at Wailea), I had to go bankrupt by September'02. THe only survivors were the big guys such as Louis Vuitton or Gucci who can handle losses for months as long as they make profits in other parts of the world.

I'm sure you know, but E-1 visa (investor's visa) are granted for 5 years, and each time you enter US, you're usually granted 2 years to stay. My last entry was in July'02, so technically I could stay until July'04, even though if you go by the books, that's only if the business still exists. But at that time of entry it still existed, and I had to stay to manage the bankruptcy, liquidation etc. until the end of 2002 minimum anyway.

By early 2003, I was 33, divorced, and had lost pretty much all the money I had saved in almost 10 years of hard work back in France. I'm talking about around $360,000. Lost for me, but a big amount of cash that got input in US economy since all that money was paid to the store's architect and contractor, into rents, inventory purchase from NY (that french brand had an office there), employees salaries etc...

I gambled and lost. Fair enough. ###### happens.

But I decided to at least enjoy my 5 years of visa and stay in the US, since I had fell in love with this country (hard not to when you live in Hawaii...) and was sure by then it's the country I want to live the rest of my life in.

By the way, here's a little piece of advice and trick: if your E-1 is about to expire (say at 4 years and 10 months), make sure you enter US a couple months just before the deadline, and claim (if asked) that your E-1 renewal is being process your country's US embassy, but you haven't received validation yet. The officer can not refuse to let you in (since you're a manager and essential tothe business' survival) and he will likely grant you another round of 2 years, making it a total of 5+2=7 years of stay. That's what I did and it worked.

Now you may ask: "why the hell did you want to stay in US so bad"? I told you, I just love it here and always felt like feeling in prison while in Paris, which is a great city to visit, but certainly not to live in. That's my personal opinion though, but based on 30 years of experience there.

So here I am, in Hawaii enjoy the sun and try to recover from losing both my wife and business in less than a year. Shitty year that was.

As if that wasn't enough, in the meantime my mother contracted a very rare degenerative disease (in the family of Parkinson/Alzheimer) aged only 55. Being her only family (my father left I was only 8), I decided to help her and moved closer to France, namely in Miami so she could travel back and forth (under VWP) and at least enjoy the sun for the few years she had left.

I was living back then through freelance contracts (I hold a MBA level) and never stole the job of any american as all my revenues were coming and still come from Europe. I don't even benefit from any social structure from the US since we have universal health care in France, thus I'm totally covered if I end up at the hospital.

Until 2005, my mother was still ok, but her situation got rapidly worse, to a point where she got stuck here in the US, ending up at the hospital and overstayed. We're 4 years later and she's still alive, but can't neither talk, nor walk. We have a letter from the neurologist saying she already couldn't travel by plane by 2005. She indeed is incontinent, can get into panic attacks and start screaming and/or cry with heavy noise and could vomit etc... no airline would accept her so she's basically stuck in US. A private charter to France would be out of the question as it costs nearly $250,000 and her travel insurance wouldn't cover it since she's not in a life-threatening situation either. In other words, she's here for good, until the end of her life, which according to her neurologist should have already happened 3-4 years ago, since life expectancy for this disease is usually around 6-7 years.

It's almost a miracle she's still alive. Today I'm her care-giver 24/7 and get help from a nurse just 6 hours a day as we can't afford more. But we're fine, my mother's pension from France and my revenues from Freelance jobs amply cover us financially. I want to believe the reason why the woman who sacrificed everything to raise me (alone) and to pay my MBA, is somehow still holding to life thanks to my good care and love. One thing is sure, I want to be here for her until the end, otherwise I couldn't watch at myself in a mirror anymore.

Sorry for this digression, but it'll help you understand where I'm coming from. Back to my visa issue...

We're in february 2008. The "2 years extension" of my 5-years E-1 visa come to an end and I become nothing more than a regular tourist. At that point, it's too dangerous to let my mother alone with a nurse (not to mention that there are certain cares only I can do - too long to explain) so my solution is to travel back and forth to Nassau and renew my VWP every 90 days. I was traveling the morning to Nassau and come back the same day. All was good.

Until February'09. I got caught by the immigration officer who said I was 'abusing' my VWP prerogatives. I contested that as there's yet no text of law defining the exact number of days you're supposed to spend abroad before coming back to the US under a VWP. Anyway, it was obviously a bad day for her and I got denied entry. The next morning I went to the american embassy in Nassau and managed to get a business visa, since I'm also in the process of doing business in the US now with a partner from France who's willing to open a sister company here (in the dog fashion industry / I know... please don't laugh. It's actually one of the only growing industry right now - LOL) and commissioned me to organize his exhibition at a trade show in NYC on august 23rd.

My problem is that my business visa will expire on August 1st '09 (valid for 6 months) and the trade show will take place on august 23rd. Right now I'm working on building the booth displays, handling potential partnership with local manufacturers and fabric sourcers etc...

I've of course tried to get a visa-extension directly at the point of entry, but they didn't want to give me more than 6 months, given my records of VWP 'abuse' (or whatever they call it).

In these past 8 years, I've become what I think is a proud literate american deeply in my heart, even though I can't neither work nor vote in this country I love. But fair enough, being here and spending my money here is all I'm asking. Yet I risk deportation as soon as August 1st if I don't find a way to stay legally.

So far, I'm 100% legal in this country. My mother has overstayed by already 4 years due to medical reasons as you already know, but I doubt she could be detained should USCIS ever finds her, given her medical condition. Otherwise, I would contact french embassy immediately and inquire for help with her case.

I can't imagine leaving the country after more than 8 years here, somehow contributing to your economy by spending both my mother's pension and my own revenues here. We're stealing the jobs of nobody. We're both more like long-term retirees.

I know it's a lot to process, so here's what I think my options could be at this point:

________________________

1) try the diversity program lottery (check. i cross my finger for this year, results will be in July and since I'm accidently born in Morrocco, my chances are pretty high since almost 10% of winners come from this country!)

________________________

2) ask for a business visa extension. at best I get an extra 6 months. I can claim the date for the trade show is 3 weeks after my visa expires and can prove it as we have a signed contract with the show organizer.

________________________

3) apply for an L-1 visa. ask my partner in France to say I work with him for more than a year (which is true on and off) and 3 years later try to get a greencard

________________________

4) in case results from the lottery are negative, find quickly a girl friend ready to marry me and do that in July before my business visa expire august 1st, and then seek immediate AOS. That will probably cost me big time, at least in organizing a decent wedding, not to mention all the trouble with interviews I've been told. By the way, does anyone know if the interviewer still show up at your house without notice? (as seen in countless movies). Because if so, I'm afraid they would find my 'illegal alien' mother...

________________________

5) Become an illegal alien and take my chance. I just moved to a new house, so I still can forward the mail from my previous address to a PO Box instead of my new address and of course not seek any job in US (which is by no means my intention anyway since I remain a freelance for good).

_______________________

I don't know, at this point I'm depressed, panicked and confused. I really don't know what to do. What if I can't find a solution? Will they deport me or put me to jail? What will happen to my mother? I have no brother, no sister. I'm the only family she has, and same for me.

Any input will be highly appreciated. Don't hesitate to be frank. Please tell me which of the above 5 options is the most viable in your opinion, and if so, please give me your advice on how to succeed with this path.

I know this is a VEEERRRRY long post. If you managed to read it fully, I would like to thank you very much for reading my quite unfortunate story. Maybe it will even cheer you up and make you feel like your life isn't that bad after all...

Thank you again in advance for your responses and advices.

Something smells fishy here, and it's not the bouillabaisse.

It's a very long post, and I have a few questions.

Your business in the US goes bad, your mother in France gets ill. You manage to get work in Europe from the US, move to Miami and fly your ill mother over so she could have some sun, and you are her primary caregiver. You have been flying backward and forward to Nassau to extend your visa AFTER committing visa fraud so you can stay in the US, and now have a different sort of visa so that you can work.

1. Why fly your sick mother all the way to the US when there when France has an excellent healthcare system, wonderful weather in the South of France and would be closer to her friends?

2. What kind of work are you doing in the US, and where is the tax being paid?

3. Why is it that the authorities have not picked up on your visa fraud? I think we all know here the lengths they go to in their background checks?

4. Why, if your story is genuine, do you expect to get help to commit visa fraud on this site?

[skidoo 0]

Something smells fishy here, and it's not the bouillabaisse.

It's a very long post, and I have a few questions.

Your business in the US goes bad, your mother in France gets ill. You manage to get work in Europe from the US, move to Miami and fly your ill mother over so she could have some sun, and you are her primary caregiver. You have been flying backward and forward to Nassau to extend your visa AFTER committing visa fraud so you can stay in the US, and now have a different sort of visa so that you can work.

1. Why fly your sick mother all the way to the US when there when France has an excellent healthcare system, wonderful weather in the South of France and would be closer to her friends?

2. What kind of work are you doing in the US, and where is the tax being paid?

3. Why is it that the authorities have not picked up on your visa fraud? I think we all know here the lengths they go to in their background checks?

4. Why, if your story is genuine, do you expect to get help to commit visa fraud on this site?

1. did you even read my post? My mother was here back in 2005 visiting me on VACATION (under VWP). She got very sick and stayed at the hospital. Her situation worsened to a point where she can not travel back to France. As a side note, the weather in southern France is fine only 3 months out of the year and life there costs twice what it does here in Florida. Not to mention that she has no more family in France, her sister recently died. She has only me and my life has been in the US for the past 8 years. I'm ok to take care of her, but I'm not willing to sacrifice the part of my life where I decide where I want to live.

2. I do NOT work in the US. My clients are in Europe (mostly France and Italy). I work from home thanks to this beautiful thing called the web.

3. I have never commited any visa fraud!!! I simply have used a loophole. This is way different. Plus I explained in my response above that what I told that officer in 2006 wasn't not a lie since at that time, I was actually seeking to transfer my business to Florida so I indeed had a file in US embassy in Paris to seek re-instatement of my E-1 visa, since the trustee couldn't manage to sell-off my inventory of shoes and offered me to buy them out. If you were familiar with the E-1 visa, you would know that there is no requirement of prooving your business is still in existence at the port of entry. It is however required to get renewal. What the officer did was HIS mistake. He should have granted me only the time remaining on my E-1, but since their protocole is to grant automatically 2-years, I certainly wouldn't contest that.

4. I don't know what you're talking about and why you're being so aggresive. I'm not asking anyone to get help to commit visa fraud on this site. I am simply stating the options I'm facing. I'm obviously not asking for advices on how to commit to the options potentially implying illegal status (i'm not stupid), I'm asking evidently for help on all the other LEGAL options that I still have at this point. All I say hereby is that if I don't find any legal way to stay, yes I assume the fact that I will eventually become an illegal alien as I have no other choice since I can not abandon my mother here. Is that clear enough for you now?

I think my error with this post was to be too honnest. Something I have to admit americans are not very used to, at least that's what I've witnessed in the past 8 years on forums like this one where only politically correct posts and comments rule. I feel very sorry for you if your mindset reached a point where you can believe someone would have made up such a story. All this truly happened to me. If you don't want to believe me, so be it. But at least try to be useful and constructive instead of condescending. You should chill out a little and get a life instead of polutting my post.

Man, I must be really stupid to have even believed getting any help here. Only rude (and formatted) answers so far. Very disapointing.

If only I could still edit my post and removed the "illegal" options I've listed. I have never said I was asking for help on these. I was only listing them as options, like any other immigrant wannabe who's listing his options at one point. It's my fault to have treated this post more like a diary post. My mistake. Unfortunatly I can't edit my original post.

[minnew 4]

Unless you work for the USCIS, I think you should chill a little my friend. Life will eventually teach you that there's nothing to be taken truly seriously but death. We all live in one world and I personally feel that as long as I'm not stealing the bread of anyone, I don't see why couldn't I stay in any country of my choice. After all, I didn't create these borders. That's just my personal opinion on immigration though.

Just so you know, what I told that officer wasn't really a lie since at that time, I was actually seeking to transfer my business to Florida so I indeed had a file in US embassy in Paris to seek re-instatement of my E-1 visa, since the trustee couldn't manage to sell-off my inventory of shoes and offered me to buy them out.

And I've read threads on this board way more borderline when it comes to what you call "marriage fraud". Thus unless this is your forum (which is possible the case but if so what are you doing in Thailand???) you should relax a little or check out other threads way more problematic with this board's terms in my opinion...

Go get maybe a thai massage first, and let's have an adult conversion thereafter if you will.

Peace.

Seriously? You wanted advice on your immigration issues, please stop the personal attacks. Too many people abusing the immigration system, and all too often posters on VJ asking if there is a way around it. You have already declared that one of your "options" was to FIND a USC and marry to commit fraud. That is outright marriage fraud when you are FINDING( between now and August) marrying someone just for the greencard, the ability to stay legally in the USA, because your visa is expiring.

I am truly sorry about your mother and I know that this is the reason you posted this thread. No one on this forum is going to advise you of any illegal immigration acts! Sorry you have come to the wrong place! In regards to some of the other threads that you have seen, yes I have seen them too, every single one of them has been responded to what the legal ramifications are if they do commit visa or marriage fraud and are caught. Yes if someone marries a USC while in the U.S. on a valid visa you will have an AOS interview, no they will not show up at your house, but the subject of other family members residing in the U.S. is a possibility. If they are caught they will be deported and most likely banned for life from the U.S.

one last thing uscandual: since you seem to know it all, how come I can't edit my original post anymore? If only for one thing, to remove the parts that got you all concerned with the board's TOS. Is there a time limit to edit one's post? Or did you block perhaps me that feature on purpose? Please explain.

The time limit to edit one's post is 5 minutes. Please read the TOS.

[SirJon 0]

Something smells fishy here, and it's not the bouillabaisse.

It's a very long post, and I have a few questions.

Your business in the US goes bad, your mother in France gets ill. You manage to get work in Europe from the US, move to Miami and fly your ill mother over so she could have some sun, and you are her primary caregiver. You have been flying backward and forward to Nassau to extend your visa AFTER committing visa fraud so you can stay in the US, and now have a different sort of visa so that you can work.

1. Why fly your sick mother all the way to the US when there when France has an excellent healthcare system, wonderful weather in the South of France and would be closer to her friends?

2. What kind of work are you doing in the US, and where is the tax being paid?

3. Why is it that the authorities have not picked up on your visa fraud? I think we all know here the lengths they go to in their background checks?

4. Why, if your story is genuine, do you expect to get help to commit visa fraud on this site?

1. did you even read my post? My mother was here back in 2005 visiting me on VACATION (under VWP). She got very sick and stayed at the hospital. Her situation worsened to a point where she can not travel back to France. As a side note, the weather in southern France is fine only 3 months out of the year and life there costs twice what it does here in Florida. Not to mention that she has no more family in France, her sister recently died. She has only me and my life has been in the US for the past 8 years. I'm ok to take care of her, but I'm not willing to sacrifice the part of my life where I decide where I want to live.

2. I do NOT work in the US. My clients are in Europe (mostly France and Italy). I work from home thanks to this beautiful thing called the web.

3. I have never commited any visa fraud!!! I simply have used a loophole. This is way different. Plus I explained in my response above that what I told that officer in 2006 wasn't not a lie since at that time, I was actually seeking to transfer my business to Florida so I indeed had a file in US embassy in Paris to seek re-instatement of my E-1 visa, since the trustee couldn't manage to sell-off my inventory of shoes and offered me to buy them out. If you were familiar with the E-1 visa, you would know that there is no requirement of prooving your business is still in existence at the port of entry. It is however required to get renewal. What the officer did was HIS mistake. He should have granted me only the time remaining on my E-1, but since their protocole is to grant automatically 2-years, I certainly wouldn't contest that.

4. I don't know what you're talking about and why you're being so aggresive. I'm not asking anyone to get help to commit visa fraud on this site. I am simply stating the options I'm facing. I'm obviously not asking for advices on how to commit to the options potentially implying illegal status (i'm not stupid), I'm asking evidently for help on all the other LEGAL options that I still have at this point. All I say hereby is that if I don't find any legal way to stay, yes I assume the fact that I will eventually become an illegal alien as I have no other choice since I can not abandon my mother here. Is that clear enough for you now?

I think my error with this post was to be too honnest. Something I have to admit americans are not very used to, at least that's what I've witnessed in the past 8 years on forums like this one where only politically correct posts and comments rule. I feel very sorry for you if your mindset reached a point where you can believe someone would have made up such a story. All this truly happened to me. If you don't want to believe me, so be it. But at least try to be useful and constructive instead of condescending. You should chill out a little and get a life instead of polutting my post.

Man, I must be really stupid to have even believed getting any help here. Only rude (and formatted) answers so far. Very disapointing.

If only I could still edit my post and removed the "illegal" options I've listed. I have never said I was asking for help on these. I was only listing them as options, like any other immigrant wannabe who's listing his options at one point. It's my fault to have treated this post more like a diary post. My mistake. Unfortunatly I can't edit my original post.

The biggest reason why I do not believe your story is that to be eligible for renewing VWP in Nassau, you would have to be a legal resident or citizen of the Bahamas.

Touché

Edited May 13, 2009 by SirJon

[skidoo 0]

The biggest reason why I do not believe your story is that to be eligible for renewing VWP in Nassau, you would have to be a legal resident or citizen of the Bahamas.

Touché

you obviously have never been to Nassau. The port of entry to the US when coming from the bahamas is located INSIDE the Nassau internatinoal airport. USCIS did this to facilitate entry for the US citizens working there and traveling back and forth every day and avoid long lines in Miami. However, if your plane leaves past 8PM, you will have to go through immigration in Miami. In other words, once you've passed immigration in Nassau airport, you are considered already as being in the USA.

FYI, all airlines leaving to the bahamas are collecting your i-94 slip for the past 2 years, therefore your VWP is reset when you re-enter. The exact same way as if you traveled from Miami to London and back the same day. It's true that until 2 years ago though, when you traveled to Mexico and islands of the carribean (except french territories), USCIS considered that as part of your stay in US and was asking airlines NOT to collect i-94 slips.

But since it is possible to travel from Nassau to international destinations such as Cuba or even London directly now, they are obligated to collect your i-94 now.

now could you go back to your pudding and leave my thread alone?

[skidoo 0]

You have already declared that one of your "options" was to FIND a USC and marry to commit fraud.

I haven't "declared" anything. I have simply listed the obvious options I'm facing. That doesn't necessarily mean do or will I embrace any of the them.

It's like listing your options when you're running out of cash. Your options then are:

1) find some work

2) play the lottery

3) rob a bank

4) marry Paris Hilton

I understand however better now the lack of humor of this board members, given how 'sensitive' these subjects can be when viewed through your angle. On the other hand, I thought we were all here trying to get advices and solution on how to migrate to the country of Freedom of Speech.

Thanks for your kind words though and your tip about AOS procedure.

[SirJon 0]

I may not have been to Nassau, but I have been to Bermuda, and also I have friends who know the system pretty well.

The Bahamas counts as part of the “contiguous territory and islands” for US visa waiver purposes and time spent in The Bahamas counts towards the 90 day maximum permitted stay in the US under this waiver.

If you have ever filled in an I94, I am sure you would be aware that you have to fill in all of your lovely travel details, with flight numbers and port of departure and arrival.

[Arthur Roberta 1]

From quickly reading your post and the various replies I think (been known to be wrong Ha!) that you are an intelligent educated genuine person whose life has had it's ups and downs and more recently down due to your mother becoming ill. I truly believe that seeking to stay in the US can only be achieved by legal means and the best advice you can possibly get is through a competent immigration attorney. You have to date managed from what I can gather to manipulate for want of a better word the loopholes in visas etc.

Now your time in the US living as you are, and have been, becomes all the more precarious. and to live with that shadow over you is not only uncomfortable but stressful too. I would hope there is someone who reads this post can give you the name of an attorney who could assist you. I personally have employed an attorney who was a member of the AILA who gave good advice that a previous attorney failed to. So from personal experience I know there are attorneys and attorneys. I mention the AILA (American Immigration Lawyers Association) for the simple reason that in being an association i would hope that they have a standard of care in regarding immigration matters and a body to whom you may address should you encounter any problems. I do not for most moment say they are better than any other immigration attorney but I do believe there is an element of standards that they adhere to.

Best wishes

Arthur and Roberta

Edited May 13, 2009 by Arthur Roberta

[skidoo 0]

I may not have been to Nassau, but I have been to Bermuda, and also I have friends who know the system pretty well.

The Bahamas counts as part of the “contiguous territory and islands” for US visa waiver purposes and time spent in The Bahamas counts towards the 90 day maximum permitted stay in the US under this waiver.

If you have ever filled in an I94, I am sure you would be aware that you have to fill in all of your lovely travel details, with flight numbers and port of departure and arrival.

you are wrong. Bahamas doesn't count as part of the “contiguous territory and islands” anymore for the reason i've already explained. you can travel from Nassau to Cuba or the UK. Understand???? that means they have to take your i-94 slip. What you say was right 3 years ago, until Nassau airport opened to new international destinations.

[skidoo 0]

From quickly reading your post and the various replies I think (been known to be wrong Ha!) that you are an intelligent educated genuine person whose life has had it's ups and downs and more recently down due to your mother becoming ill. I truly believe that seeking to stay in the US can only be achieved by legal means and the best advice you can possibly get is through a competent immigration attorney. You have to date managed from what I can gather to manipulate for want of a better word the loopholes in visas etc.

Now your time in the US living as you are, and have been, becomes all the more precarious. and to live with that shadow over you is not only uncomfortable but stressful too. I would hope there is someone who reads this post can give you the name of an attorney who could assist you. I personally have employed an attorney who was a member of the AILA who gave good advice that a previous attorney failed to. So from personal experience I know there are attorneys and attorneys. I mention the AILA (American Immigration Lawyers Association) for the simple reason that in being an association i would hope that they have a standard of care in regarding immigration matters and a body to whom you may address should you encounter any problems. I do not for most moment say they are better than any other immigration attorney but I do believe there is an element of standards that they adhere to.

Best wishes

Arthur and Roberta

thanks for your support and advices.

[SirJon 0]

I may not have been to Nassau, but I have been to Bermuda, and also I have friends who know the system pretty well.

The Bahamas counts as part of the “contiguous territory and islands” for US visa waiver purposes and time spent in The Bahamas counts towards the 90 day maximum permitted stay in the US under this waiver.

If you have ever filled in an I94, I am sure you would be aware that you have to fill in all of your lovely travel details, with flight numbers and port of departure and arrival.

you are wrong. Bahamas doesn't count as part of the “contiguous territory and islands” anymore for the reason i've already explained. you can travel from Nassau to Cuba or the UK. Understand???? that means they have to take your i-94 slip. What you say was right 3 years ago, until Nassau airport opened to new international destinations.

I am afraid you are incorrect.

http://www.fco.gov.uk/en/travelling-and-li...tryRequirements

You still never mentioned where your taxes go to either.