IN A STATUS LIMBO

[AmyWrites 593]

There is no limbo here, you just need to accept the reality that returning home seems to be your only option.

[Mollie09 1,543]

I was in the US for eight years in what you call "limbo". It's called temporary status in the real world. It's temporary, when it ends, you leave.

I had a job, a driver's license, car, all my stuff, my whole life here, and yet there was a part of me that was always prepared for it all to end at any time, because that's the reality of the situation. I didn't buy property even though I could afford to and wanted to because I knew I was in the US temporarily and it would be too complicated to leave if I had even more ties. I put my whole life on hold. It sucks, I know, but it's reality, and if you can't face it, this game isn't for you.

And you're a citizen of the EU, a privilege I would have LOVED to have during this whole time, instead if I had gone home, I would have to go back to an actual third world country, not Spain. Or literally any other EU country where you and your family are free to legally live and work. Cry me a river.

[Ian H. 207]

You know I figured someone would say something about this. I will make the following points.

First, an illegal immigrant with a USC child isn't eligible for benefits. Only the USC child is. That is their 14th amendment right.

Second, the above doesn't apply to the OP because her children aren't USC's.

Third, that "research" you linked is biased, skewed, and not reliable.

Fourth, immigrants, last time I checked, make up only 5 to 12% of the total amount of people on public programs so I don't know where they get this data from, but I get mine directly from the source, the respective government offices.

Fifth, the majority of people on public programs are white americans, next are black americans, then are hispanic americans, then are immigrants of any color, race or nationality, all the way at the end.

Sixth, when a person becomes a USC they are entitled to all the "privileges and immunities" as any other USC. Therefore, can receive any public benefit they duly qualify for.

Seventh, one has to distinguish the difference between a legal immigrant and an illegal immigrant. Two completely different status for all intents and purposes. Legal immigrants have the right to apply for and receive public benefits because they pay taxes just like every one else. Illegal immigrants don't have this right even if they paid taxes.

Eighth, if the OP tried to apply for public benefits she would be denied. She has no status, neither do her children nor her husband that would allow them to qualify for those benefits.

Ninth, while it's true that some states provide certain benefits to illegal immigrants, it's usually healthcare for minor children, or emergency medicaid. When they do provide other benefits, it is strictly for the eligible person in the household, such as a USC or other legal immigrant.

An example: a family of 4 qualifies for a maximum monthly amount of $632 in food stamps that is reduced by income. If 3 of those are illegal and one is a USC or other eligible legal immigrant, only that person would get their share of the amount which for one person the maximum is $188. This would be reduced by the income of the others in the household regardless of status.

Another example would be someone I know who brought her husband and is receiving food stamps. Her husband doesn't qualify for food stamps because he doesn't have 5 years. She however has 12 years. Therefore only she receives this money for her and it is reduced by what her husband makes. He did get medicaid because as you said, some states provide it from their own funds. Again, in this case he is legally able to apply for and receive this benefit because he isn't here illegally.

To sum up, while immigrants do apply for and qualify for public benefits, these are legal immigrants and as such are entitled to them if they so qualify.

[Boiler 45,528]

It is very complicated subject and there are so many possible benefits and rules vary by State, but to say none are available is false. Look up Emergency Medi Cal for a start.

[Ian H. 207]

It is a very complicated subject and I didn't claim that no benefits whatsoever are available. I specifically mentioned emergency medicaid in my post as a possibility for illegal immigrants.

However, I would like to note that my intention was to inform that illegal immigrants cannot become dependent on the government in the way that a USC or legal immigrant can. Yes illegal immigrants may qualify for emergency medicaid, but this exists as a humanitarian thing to do. There are also some forms of medicaid for minor children that can vary by state.

Receiving emergency medicaid by itself, does not make a person dependent on the government. A person that is dependent on the government gets money for food, shelter, housing, among other things. An illegal immigrant cannot get most of these things in order to be considered "dependent" on the government.

To imply that the OP would become dependent on the government for subsistence is incorrect. An illegal immigrant or a nonimmigrant simply does not qualify for things like welfare or food stamps and the like. The fact that an illegal alien's USC children do is irrelevant because they are, after all, USC's.

Edited September 15, 2014 by Ian H.

[icv21 110]

Also going back to Europe, as a citizen, you should be able to qualify for financial help. I'm sure they have public programs that assist those in need like they do here. This is the best advice I could give you. Good luck..

Sadly there is no such a thing in Spain..... There are millions of people without jobs.... Families losing their houses living in the street or with other families who help them.... You have to wait months to get an appointment in a hospital..... The government is SO corrupted they keep stealing millions from out taxes and nothing happen to them, there won't be retirement in a few years...... And I could keep saying things for a while.

But behind all that it's true there is all Europe to move around! It's hard because in each country they speak a different lenguage so it's not like moving around the states, every country has different laws and you need different documention. I understand they want to stay here no matter what even it doesn't look good for them and sometimes people has to face reality

I wonder what the husband studies that can't get a job in campus or once finishes school get some job ( I know people who came to school in USA and then got a Job ) I wonder if they contacted spanish/tapas restaurants where owners may be insterested in a real spanish chef...... Or about investors visa.......

I think is there is something it's not Colorado. there could be easier paths that moving to Colorado and starting your own business specially Colorado is kind of expensive other areas could be easier.... Or just not be picky and try other options

[Jawaree 717]

Wow.....OP have you ever ask an atty about your circumstances?

much smarter than on a online site, There are also a few EU nations

you can legally work. Australia & Manitoba (CAN) has working visa opportunities

also. It seem like an investors visa would be it but of course your

family cannot afford that.

At some point we , our parents, G/parents or great G/parents were all

immigrants, however leaving seem like what you'll have to do. I wish you

& your family the best

[2ndMessiah 184]

You can see if your eligible for Canada here.

http://www.cic.gc.ca/ctc-vac/getting-started.asp

[MiraNYC 3]

Hi,

Personally I think your best option is to look for another country to build your dream in. The fact that you're from Spain gives you way more choices than 90% of the people on this site.

Ok, back to your question. Your husband is still on an F1 visa? And he's been a student here fore 4-5 years? May I ask what sort of degree he's studying for? You have to be aware that for the past couple years, there were too many applicants for H1b visa and the result was that now the application would go through a lottery process. If your husband has an advanced degree, such as a master's or above, the chance for him to get selected will be higher.

And then, I'm not sure if you know this, but you can only apply for an H1b starting April 1 (unless you're working for a non-profit), and without an OPT, you would have to wait til Oct 1 to be authorized to work. Ok, so from today til Oct 1, 2015, your husband is not allowed to work. Do you think you can handle this with your financial issues?

Btw, your husband is totally allowed to apply for an H1b, but it has to be in the same field as what his degree is in.

A lot of people spend lots and lots of money to try to live and have a life in the USA, while I feel your pain, I'm sorry to say that sometimes it just doesn't work out for everyone.

I personally came here on a student visa and obtained my master's degree at a top 30 university here, after graduation, I still had a hard time getting a good job. Eventually I was lucky enough to find an employer willing to sponsor me, and then was approved for my H1b visa. However, pay attention to the word "lucky", I have seen too many of my classmates who have been struggling to find employment and sponsorship, and in the end chose to return to their home country or seek other opportunities somewhere else.

I know a lot of people have an American Dream, but the truth is, sometimes dreams don't come true. And who says that you can only have one dream? I'm saying this from the bottom of my heart, think about your children. What kind of future do you want for them? It's unfair to have them bear the name of "illegal immigrants." Anyway, from the way I see it, I don't think there's an immediate solution to your visa problem.

Hope this helps.

[Fan_Dancer 171]

Have you been constantly applying to the lottery visa as well?

[selalu 0]

Thank you everybody for your input and help and ideas. I had unsubscribed but I kept getting emails and I'm glad I read them all .

We did have a sponsor and that didn't work out. Our lawyer said that it was worthless to try for the H1B visa because chefs usually never get it. I think my husband could qualify as a specialist in regional Spanish Cuisine but if it's going to cost us money and we're most probably not going to get it... then we really have to weigh our pros and cons before we do it.

As for the Investor Visa... we had the money for it, and a great idea, but we were robbed. It's a long story and an ugly one (it was a family member), but that was one of the plans we had that I think would have worked well. We still think that once we sell our business we can hopefully start another very small one. Somebody commented on us contributing something to this country. Thank you, from the bottom of my heart. That is really what we want to do.

I will look into the O-1 and E-2 again. Now that our situation has come to this point we need to review all of our options again. Thanks for that!

My husband isn't studying on a campus, unfortunately. He goes to a small private school because we couldn't afford to pay for University.

Somebody commented on the situation in Spain at the moment. It really is bad. And as romantic and wonderful as Europe can seem to many people who live far away from it, it's not that easy to just move there. It's not like you get all types of help just because you're from a country in the EU.

As for financial help here in the US... well, a loan would be amazing, and a credit card would be too, but I never ever counted on getting real help from the government. We're not citizens and it wouldn't be fair to take that even if we were able to.

We have applied for the DV Lottery for 7 years now. Unfortunately, Spain gets a very small percentage of Green Cards every year. The first year we tried, Germany got 2000 and Spain only got 50!!! Our plan was to move here immediately if we got the Green Card, or just visit as a student and decide afterwards if we didn't. So we visited, we decided, and here we are!

As for Colorado... well, we picked it for several reasons but it's definitely not the cheapest. I don't think it's that bad either, but of course I'm comparing to the Bay Area. We think that Boulder would be good for our potential business... but we're going to consider other, less expensive options before we move. Our plan was to start our business in Boulder and live on the outskirts, since the city itself is expensive.

Anyway, I hope I answered all of your doubts and that I went over everything thoroughly. I'm sorry if I sounded harsh or I "attacked". It wasn't my intention. I was just surprised to get a few emails pretty much saying "leave the country", when it was obvious that I was trying to avoid just that!! And as somebody has already stated, being called a troll or a criminal doesn't help. We all try our best, and we make mistakes along the way.

As much as a "Magic Solution" would be amazing, I am aware that it doesn't exist (although winning the DV Lottery would kinda be a magic solution)!!

One thing I'd like to point out: I've been thinking a lot about the comments like "think about your children" or "what kind of a future awaits them?". As much as I understand the concerns regarding that and as dark or insecure as their future may seem here, they are growing up so healthy in every way. Unlike many other people, we are not here for the universities or the great job opportunities (although all that is great too). We are here for the culture and the mentality. For the way of life and the open-mindedness. The variety!!

Our kids are growing up in an environment of respect and freedom. People here are creative and fun and outgoing. They are free of all the norms and rules and strict traditions that Europeans carry on their backs like a heavy rock that they can't shake off. There are activities of every kind here, people dress up and PLAY and laugh and sing and dance. Most people in Spain are so intolerant and traditional, so conceited and rigid. They think that things should always be done their way, and even if their way is 100% wrong and doesn't even work for them, they do nothing to change it.

We are here because we feel free. As much as we are bound by our paperwork or passports. We are free to dress as we wish, have whatever religion we want, follow the diet we like, choose what bumper stickers to place on our car (!!!) and simply put, be the people we want to be. The USA is far from being perfect, but it's the closest we've found for our family. It's good enough. Good enough to make us genuinely happy. And for now, we're not ready to leave.

I have to say, there is something very special and wonderful about having the courage to move on and change your life when you're not happy or satisfied with what you have. And all of you are doing just that. I admire that!!

Thanks everyone, and good luck on your journeys!!

[Boiler 45,528]

I will look into the O-1 and E-2 again. Now that our situation has come to this point we need to review all of our options again. Thanks for that!

My husband isn't studying on a campus, unfortunately. He goes to a small private school because we couldn't afford to pay for University.

What is your Husband studying? When does he graduate?

[Rob L 3,811]

Rob: I believe the OP got negative feedbacks and accusations because she kept slamming back on people. Read the first couple of replies and how she reacted to them. People merely told her facts, and how her situation seems right now, and she attacked back. I do agree, some posts gone a bit far, (such as labeling someone as stroll and lawbreaker is insultive, and does not help) but it also seems the OP simply wanted to hear that she can easily stay, and not hearing this immediately back made her just snap at the people who intially replied. Anyway, I still stand to wish her luck and her family with whatever they pursue. I think it is just a very sensitive situation as people here are focusing so much on going by the book and then they just get a bit furious reading someone is at the edge of becoming illegal which makes them irritated. But again, this is my opinion what caused some of these responses escalate to what they have became and why. :

I reread the initial responses and I have to reiterate that if I were talked to in that tone , i would turn around and never look back. People did not merely state fact. I speak from experience, early in my process I posted some early exploratory questions, was slapped down with all sort of innuendos and barbs. So maybe I am over sensitive.

i see more than my share of ill informed, overly pessimistic, accusatory, "get over it and suck it up princess" , "just thinking about that is probably a violation of the law" type attitude expressed here that it makes me not even want to read these threads. There is really no need to be overly optimistic about the challenges our friend and her family face, but there is no reason to shoot down someone else's attempts to stay in the country legally. i personally wish them the best, regardless of how hard or easy my road is.

[Boiler 45,528]

In this case the main advantage is being here and the Student to Work option, investment visa needs investment which it sound they do not have and showing a specialist for O1 seems a stretch when they have been here so long.

Also seemingly they have only funds for a few more months.

[Rob L 3,811]

In this case the main advantage is being here and the Student to Work option, investment visa needs investment which it sound they do not have and showing a specialist for O1 seems a stretch when they have been here so long.

Also seemingly they have only funds for a few more months.

All true, accurate and helpful