Best road to visa/green card

[New beggining 1]

Hi all, i'm struggling to work out my best way to possibly get a green card or the actual right to stay in the US.

Please bear with me and will try to explain my case concisely as possible! 

 

I'm currently in the US for the first time (i'm 37 years old and a UK citizen) on an ESTA, which will be coming to an end early December after my 90 days of stay. 

My father and his brother and sister where born in the US, when they were all around 10 years old they all went to the UK with their Mother and ended up staying permanently there. All the children where given permission to stay in the UK indefinitely but all remained to always have valid US passports (i guess this is citizenship) 2 moved back to the US in there 20's but my father stayed in the UK and still remains there today. So my aunty and uncle live in the US still. 

 

Do i have the right to claim a US passport!? or some kind of permission to be aloud to stay etc... (as i know before i was 21 i think this would of been valid)

 

Secondly and lastly, should i apply for a tourism visa (B2) while i'm here so i can stay for longer etc or do i need to return back to my country to do this etc...

 

Thanks for all the help in advance. 

Louis

 

 

 

 

[OldUser 4,820]

It looks like when you were born, your father was a US citizen, since he was born in the US.

 

However, derivitive citizenship is complex as there are many rules to be checked. You may or may not be a US citizen.

33 minutes ago, Louis Brophy said:

Do i have the right to claim a US passport!? or some kind of permission to be aloud to stay etc... (as i know before i was 21 i think this would of been valid)

 

I'd consult an immigration lawyer here in the US to determine that fact.

 

33 minutes ago, Louis Brophy said:

Secondly and lastly, should i apply for a tourism visa (B2) while i'm here so i can stay for longer etc or do i need to return back to my country to do this etc...

 

Thanks for all the help in advance. 

Louis

 

 

 

 

B1 / B2 visa is much harder to get compared to ESTA. You have active ESTA, don't abuse it. Leave on time, don't come to the US for too long and not too often. You can figure out whether you're a US citizen meanwhile. If you're a citizen, you'll follow a process, likely outside of the US to get passport etc. If you're not a US citizen, you won't violate your ESTA by following the rules. If you want to get a B1 /  B2 visa, which I don't recommend in your case, you can do it next time you're back in the UK.

 

If you're not a US citizen already, there's the following ways to get a green card:

 

- Employment (you need to find a sponsor)

- Green card lottery (you missed your chance this year, but can try next year)

- Asylum (I don't think you can claim it based on the fact you're from the UK)

- Marriage to a US citizen (has to be legitimate one, not for immigration)

- Sponsorship by your parents (will take a while give you're over 21)

 

 

 

 

 

 

Edited November 13, 2023 by OldUser

[New beggining 1]

Thanks for the information. 

 

The 'VJ Immigration Lawyers 'on this site will have the answers!? 

[OldUser 4,820]

21 minutes ago, Louis Brophy said:

Thanks for the information. 

 

The 'VJ Immigration Lawyers 'on this site will have the answers!? 

I sent you a direct message. You can try VJ immigration lawyers or research lawyers on American Immigration Lawyers Association website.

Edited November 13, 2023 by OldUser

[Boiler 43,450]

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

 

From what you have mentioned it seems you do not qualify.

 

But have a read.

 

If your father intends to return to the US then he can petition you to join him.

 

Difficult to justify a B to the Consulate when you are eligible for the VWP.

[SalishSea 16,776]

1 hour ago, Louis Brophy said:

Hi all, i'm struggling to work out my best way to possibly get a green card or the actual right to stay in the US.

Please bear with me and will try to explain my case concisely as possible! 

 

I'm currently in the US for the first time (i'm 37 years old and a UK citizen) on an ESTA, which will be coming to an end early December after my 90 days of stay. 

My father and his brother and sister where born in the US, when they were all around 10 years old they all went to the UK with their Mother and ended up staying permanently there. All the children where given permission to stay in the UK indefinitely but all remained to always have valid US passports (i guess this is citizenship) 2 moved back to the US in there 20's but my father stayed in the UK and still remains there today. So my aunty and uncle live in the US still. 

 

Do i have the right to claim a US passport!? or some kind of permission to be aloud to stay etc... (as i know before i was 21 i think this would of been valid)

 

Secondly and lastly, should i apply for a tourism visa (B2) while i'm here so i can stay for longer etc or do i need to return back to my country to do this etc...

 

Thanks for all the help in advance. 

Louis

 

 

 

 

You have no path to stay on this current visit without risking an overstay and a subsequent bar.

 

 

[Dashinka 23,251]

In my opinion, attempting a B2 carries more risk than reward.  As others have said, the bar is high for those applying for a B2 from a VWP country, and the risk is losing that VWP privilege if the B2 is denied.

 

As to deriving citizenship, I agree with the others, I would consult a U.S. immigration lawyer as those laws are complex, and have changed over time.

 

Good Luck!

Edited November 13, 2023 by Dashinka

[appleblossom 1,309]

As said above, it doesn't sound like your father has spent the required time in the US to pass his citizenship on to his children (5 yrs +, but at least 2 years of that must be after the age of 14). 

 

Essentially, unless your father is planning on moving to the US (to then sponsor you) you don't have any advantage over anybody else without any family connections there. You've been given a good overview of all the visa options above, although the DV lottery may not be an option for UK citizens next year, that's a wait and see thing though. But make sure you leave before your 90 days is up, ideally before day 85 ish, just in case of any complications - I recall the famous 'ash cloud' of Iceland in 2010 that meant all flights were cancelled for days. Unlikely to happen again but you never know! Whatever you do, you don't want to overstay as that could really impact your future plans. And I'd advise against applying for a B2, highly unlikely to be granted if you're not of retirement age and you have access to the VWP, and if you have a visa refused you'll then scupper your chances to visit on the VWP for quite some time too.  It's just not something I'd risk personally.

 

Good luck.

 

 

Edited November 13, 2023 by appleblossom

[SteveInBostonI130 3,319]

19 hours ago, Louis Brophy said:

Secondly and lastly, should i apply for a tourism visa (B2) while i'm here so i can stay for longer etc or do i need to return back to my country to do this etc...

 

 

You cannot apply for a B2 visa from within the US.  You will have to return to the UK and apply from there.

 

As others have mentioned, there are risks when pursuing the B2 from a VWP country.