Hi, I'm a single mother of 1 yo son. I need some advice about EB3.

[Ayliee K 0]

Hello, 
I am 22 years old single mom. I was a college student in NY but I had to take a leave of absence from my college due to child delivery. I delivered my son in NY so he is automatically a US citizen, but I am not. Before my son was born, my ex told me that he has a Green card so I can get a green card too after we get married. But when I was in 3rd trimester, I noticed that he is an illegal immigrant and has alcoholic issue. He continuously abused me both physically and mentally when he was drunk. I have the police reports about domestic violence but the order of protection did not really help us to be separated from him. So I tried to apply for VAWA, but again, I was not eligible because my ex is an illegal immigrant. Once he tried to harm my son too,  I ran away from him with my son to South Korea.  

 

I apology about too wordy personal info. Cuts to the chase:

Since I cannot get any support from my family, I want to get settled in the US. The thing is, I do not have a college degree, EB3 unskilled worker visa would be the best option for me. After I contacted several lawyers, they said applying EB3 in South Korea is not recommended because no one was accepted. 

What I am thinking is, 1) Apply to Community College or Language School in the US and get F-1. 2) After I moved to the US, I apply to EB3

Is this sounds ok? If you got a green card from EB3, please give me some tips and advice! 

Thanks! 

[Boiler 43,420]

EB3 is something your Employer applies for, well their Immigration Lawyer does the hard work, pretty simple from your perspective as you just go to the interview.

[aaron2020 11,651]

Hi,

 

Sorry about your situation.

 

An F-1 student visa requires you to have a foreign home that you intend to return to after completing your education.  You must not have immigrant intent to qualify for the visa.  You can not use the visa to enter the US with the intent to immigrate.  With a US citizen child, it's gonna be harder for you to prove non-immigrant intent.

 

An EB3 requires a US employer to go through a labor certification for which a qualified US worker is not available.  You can not apply.  The employer applies.  It's not easy to find an employer who meets the qualifications to get a person an EB-3.

 

If it was so easy to immigrate, then every international student would be immigrating to the US.  No South Korean student would return to Hell Korea.

 

Sorry.

Edited December 16, 2018 by aaron2020

[Ayliee K 0]

Thanks for your reply! 

Well I saw many of people who applied EB3 while they had F1 on the websites. I just was not sure if they were scam or not hehe.. 

 

One another question is my F1 visa on my passport will be expired in 2021. Am I allow to visit US with my current F1 visa if I have I-20 from different school? like a language school. 

 

Thanks once again!

[aaron2020 11,651]

4 minutes ago, Ayliee K said:

Thanks for your reply! 

Well I saw many of people who applied EB3 while they had F1 on the websites. I just was not sure if they were scam or not hehe.. 

 

One another question is my F1 visa on my passport will be expired in 2021. Am I allow to visit US with my current F1 visa if I have I-20 from different school? like a language school. 

 

Thanks once again!

Sorry, but your current F-1 visa is invalid once you stop attending school.

With a new I-20 from a different school, you will have to apply for a new F-1.  You will have to show non-immigrant intent.

 

Sorry, but school and an F-1 visa is not a path to immigrate to the US.  You will have to figure out your life in Korea.  Sorry for the cold shot of reality.  Better now than give you false hope.

[Boiler 43,420]

Why not see if you can get your I20 reinstated and finish of your original course?

[Ayliee K 0]

1 hour ago, aaron2020 said:

Sorry, but your current F-1 visa is invalid once you stop attending school.

With a new I-20 from a different school, you will have to apply for a new F-1.  You will have to show non-immigrant intent.

 

Sorry, but school and an F-1 visa is not a path to immigrate to the US.  You will have to figure out your life in Korea.  Sorry for the cold shot of reality.  Better now than give you false hope.

Thanks for your kind reply!  I thought it would work cuz I maintained my F1 since 2012. Thanks again! 

[Ayliee K 0]

1 hour ago, Boiler said:

Why not see if you can get your I20 reinstated and finish of your original course?

Oh I wish! but the thing is, right now my family do not support me anymore so it is almost impossible to pay $40,000/yr and raise my son at the same time. Thanks for your reply btw! 

[Roel 7,191]

14 minutes ago, Ayliee K said:

Oh I wish! but the thing is, right now my family do not support me anymore so it is almost impossible to pay $40,000/yr and raise my son at the same time. Thanks for your reply btw! 

If you can't afford it, then any F1 visa is out of question for you.

 

[Boiler 43,420]

Do you have an Employer who will sponsor you for a work visa?

[SusieQQQ 11,584]

5 hours ago, Ayliee K said:

 I ran away from him with my son to South Korea.  

 

While I have a huge amount of sympathy for the very horrible situation you found yourself in, and totally understand your response, this sentence above as it is implies you might have broken the law and that alone may be a problem for you returning to the US. Did you have any contact with your ex after you left? Do you have any way of knowing whether he just accepted the situation, or whether he might have reported you to the authorities for kidnap of the child? 

 

By the way, did you formally divorce your husband?

[geowrian 22,335]

It's a very rough situation. I hope it works out for you.

 

A few notes:

• You cannot enter on an F-1 with intent to stay. People already in the US on F-1 status who had a change in circumstances may qualify to stay in the US, but that's not your circumstances.
• Having a USC child, USC spouse/former spouse, and past VAWA application are very negative factors for any visa that does not permit immigrant intent (like an F-1). Your chances of obtaining one are extremely low.
• If you don't the funds to resume the existing program you started, you likely don't have the funds for another unive3rsity either. While I'm sure there are cheaper options than $40k/year, you would be lucky to find something significantly cheaper than that for an international student.
• Best bet would be to finish your education outside the US, then try to find a US-based employer to petition you for a work visa. Not easy or fast...but it is the best option if you want to live in the US IMO.
• Option 2 is when South Korea becomes eligible for the Diversity Visa lottery, start applying. I see you aren't eligible for 2019, but this changes annually.
• Edit: And yes, if you left the US with your child and without permission from the father, this can complicate matters further. I do believe there are exceptions in cases of abuse, but having to challenge any such claim of trafficking or kidnapping is not a good position to be in.

Edited December 16, 2018 by geowrian

[carmel34 3,529]

Big concerns that any IO CO or CBP officer will have if you apply to return to the US:

 

1. relationship with an illegal alcoholic abusive immigrant in the US, with intent to get a green card

2. had a baby with him, married or not, looks like an anchor baby intent

3. left the US with baby, if no permission from father, there could be kidnap charges against you in the US

4. visa shopping for a way back to the US

 

Your best bet is to make the best life possible in Korea for you and your son.  And hire a good attorney to make sure you and your son are protected from the kidnapping issue so that it doesn't cause problems for you in the future.  If you are a good student, get the best grades possible in Korea, finish your undergraduate university degree there, and then apply for graduate school in another country like Canada or the UK, a PhD would be a good one, in a technical or business field, then after graduation, apply for faculty jobs in the US as most universities will help you with the visas required.  Good luck.

[jan22 2,898]

To clarIfy one thing, unless there was a court order barring her from taking the child out of the US and/or granting joint custody, she did not kidnap her son.  In most states, it would be deemed, at most, custodial interference.  On a federal level, if the father pursued a case, it could be parental abduction, which generally is resolved within civil statutes, not criminal ones.

 

You have received good advice on both the F1 (seems highly unlikey from a financial standpoint, plus immigeant intent, plus violating your previous student status) and the EB3 (unlikey to find a sponsoring employer).  Hope you can find a way to re-establish yourself in South Korea to take care of yourself and your son.  Best of luck as you recover from this.

[Ayliee K 0]

2 hours ago, Boiler said:

Do you have an Employer who will sponsor you for a work visa?

I searched some! but haven't contacted yet.