Ask MetaFilter questions tagged with immigration

Help me live in my own country (USA) with my Canadian wife! AAAH!

Jim On Light — Tue, 12 Mar 2013 10:02:19 -0800

I came to Canada on a visa (NAFTA treaty visa, technical writer) and I met the love of my life and married her. I'm the breadwinner in Canada, and I have been since shortly after we moved in together. How on EARTH do I move her home with me??? I'm a US Citizen, on a visa in Canada, and I met the love of my life. We've lived together for now almost a year. I quit the visa gig and I'm coming back home to the US. It is really, really unclear as to the process, and it seems like the right route is to get a lawyer. WTF - does anyone who has to deal with the government anymore have to go to a lawyer?

I'm going to be the one working (I do just fine for us), and I am the one who will be providing for both of us. I will be the one paying rent and taking care of both of us. My wife has been living with me now for 8 months, we've been seeing each other for a month before that, and I have always been the breadwinner here in Canada for us.

What's the right answer here? Since I'm doing the money making, it doesn't seem like I need to file for Form I-130, and it doesn't really seem that I need to file for a green card for her, I'm the one who's working.

What have any of you awesome MeFi'ers done successfully? Who do I call? What do I do?

I really appreciate the help. If I've overlooked something, please let me know.

What are my rights at an immigration checkpoint within the US?

tippiedog — Thu, 07 Mar 2013 07:52:19 -0800

This video of people refusing to answer questions at immigration checkpoints within the US--not at borders--was the subject of a bOINGbOING post, but it's not clear to me what my actual rights are and what the proper behavior is, if, indeed, I have the right to refuse to cooperate. I live in Texas, though I rarely go close enough to the border to encounter these checkpoints (though I have encountered them in the past). I would like to know my legal rights, but the video doesn't spell that out. I would like to decline to cooperate if I have the legal right, but I don't want to come across as douchey as some of the people in the video. I would like to know the proper wording and procedure to follow, if I can legally decline.

I know that you are not my lawyer (YANML?), but some authoritative sounding advice would be nice.

There must be some kind of way out of here, said the joker to the thief

swimmingly — Tue, 26 Feb 2013 10:52:46 -0800

I want to migrate in five years' time. What skills/qualifications can I pick up now that would allow me to get a fairly OK job offer? My dream is to eventually move to the US, Canada, or western Europe. I know that most countries won't let you in unless you have a skill-set they want. Please help me figure out how I might achieve it. Let's exclude marriage.

I'm a citizen of a country in Asia, and don't have relatives in my target countries. Can't use ancestry either. I have an MSc in computer science from a reputable US university, but it wasn't very rigorous. I'm currently working as a financial journalist in my home country and don't remember much from school anymore.

From what I gather, I'll need a firm to sponsor me before I can begin any citizenship application process. I'm not sure how transferable my skills are internationally, especially since print media isn't doing so well and at any rate I'd like to move out of the media industry. Now seems like a good time to start thinking about what I can do in preparation for the uprooting, especially since I can feel myself getting dumber the longer I spend in the workforce.

I don't earn a truckload and have no entrepreneurial track record thus far. Would my best bet be to save up for (yet another) postgrad program and try to use that as a springboard? Even so, not sure if I might be at a disadvantage if I don't go for an expensive top-notch one. Also, I don't yet know which areas of study will really be in demand when it comes to getting hired in those countries. I would've guessed something tech-related, but it seems like the world is flooded with Chinese and Indian IT workers. Or something like accounting perhaps, but why would they be short of accountants?

Also, has anyone here successfully made the move from Asia to those places, and what did you do to pull it off? Particularly if your background is closer to mine.

Thanks!

UK immigration - Tier 1 extension refused - need to appeal urgently

MrChuckles — Wed, 20 Feb 2013 10:25:30 -0800

I applied last year to extend my Tier 1 (General) Visa and it was refused last week. The Home Office's refusal letter said the evidence to support the income claimed did not meet documentary requirements. I need to appeal by Tuesday next week or lose my right to appeal and face deportation. Panicking and wading through masses of contradictory advice. Please help... YANAL, YANML, but maybe you can help me know which lawyer to trust and whether I have a good case.

I've been in the UK since July 2008 and am only four months short of the five years needed to qualify for indefinite leave to remain. Originally I was sponsored and in August 2010 I changed to a Tier 1 (General) visa. This was granted for an initial two year period with a three year extension available. Before the two year initial period expired in August last year, I applied for an extension by post. At the time, I'd been in my current (well-paid) job for only five months and in order to meet the £40k income threshold I needed to use income from the seven months before that when I worked in a pub.

The Guidance asks for two forms of evidence to support the income claimed and lists acceptable forms. Because I was paid in cash, I couldn't provide bank statements showing my employer depositing the money. Instead the statements show me depositing cash payments roughly equal to the amounts on my payslips (rounded down as I didn't deposit the pennies). The bank statements were rejected on the basis that the amounts didn't exactly match the amounts in the payslips.

I knew this could be a problem for the UKBA as they are notoriously pedantic and rumoured to be internally encouraging refusals to meet the Government's lower immigration targets. I tried to explain the evidence as clearly as possible by providing the following:
- Explanation in my cover letter
- Annotations on bank statements explaining how the amounts related to payslips, e.g. I highlighted a cash deposit of £810 on 5 October 2011, and wrote next to it "Deposit of September pay, £15.70 retained for daily expenses". It clearly corresponds with the £825.70 net shown in my payslip as paid to me a few days earlier.
- Statement of earnings from HMRC. This was rejected because it relates to the entire financial year and not the period for which I claimed earnings, so again doesn't match exactly the income amount claimed. The HMRC doesn't collect tax information on a monthly basis so couldn't provide me with a monthly breakdown. However, the statement proves that I didn't forge the payslips and was legitimately employed and paying tax.
- Letter from the pub confirming it pays its employees in cash, that it paid me the amounts I claimed, and stating it would be happy to corroborate the evidence.
- Confirmation that I authorised the UKBA to discuss my earnings with the pub, its external payroll provider, or its accountants if they needed to confirm.

It wasn't perfect but I was advised at the time there was nothing more I could do. To anyone looking through all of the evidence, it shows a clear story. Also, it's incredibly unfair to reject me on this basis as it was beyond my control that I was paid in cash. However, the UKBA isn't in the habit of interpreting the Guidance favourably to applicants. Since receiving the refusal letter I've spoken to many lawyers and have heard as many different views on my best options and likely chances of success. Some are very encouraging, some very discouraging. I'm hoping to hear from someone who has experience of a similar situation to help me decide which view is more reliable.

The most persuasive arguments I've come up with (from own research and initial advice) are:

1. The UKBA misinterpreted the Guidance. It reads: "The applicant must provide two different types of supporting document for each source of earnings claimed. Each piece of supporting evidence must be from a separate source and support all the other evidence so that together they clearly prove the earnings claimed."
-> There is no requirement for the amounts to match. I met the requirement that each source must support the other evidence to clearly prove the earnings claimed.

2. Even if the Guidance does require the amounts to match, I met the requirements of the Immigration Rules by providing satisfactory proof I met the income threshold. The Guidance is not law and it was open to the UKBA (and is open to the court) to consider my evidence substantively.

3. In the alternative, to find against me would interfere with my right to a "private life" under Article 8 European Convention of Human Rights - I've been in the UK for a long time, am established here with social ties, and am very close to gaining permanent residency. If I were to be sent back to my home country I would not be able to apply for a new visa because the immigration rules have changed and no one can get visas now.

4. I've also been advised there's a technical argument available that the UKBA made a mistake of law in their letter regarding section 47 of the Immigration, Asylum and Nationality Act. The lawyer advised that even if the other arguments fail, this one should succeed and give me a partial win. which entitles me to a further appeal and should hopefully buy enough time to get me to June when I can apply for permanent residency.

It's a complete minefield, the rules change all the time, and everyone has a different view. I really really don't want to leave my life here. Please help.

Is it possible to leave the UK and still apply for leave to settle?

kalimac — Wed, 30 Jan 2013 06:37:27 -0800

I am hoping to (eventually) settle in the UK permanently, but one of the requirements is worrying me somewhat, and I was hoping someone could clarify under what circumstances it is possible to leave the UK for short periods of time while on a Skilled Worker Visa. YANMYL, I know, but I'm hoping that I can get this out of the way based on others' experience, before I do drop a load of cash talking to an immigration lawyer about the other fifty things keeping me up at night.

Basically, I am hoping that I'll soon be able to switch to a Skilled Worker Visa (Tier 2, General), with an eye to eventually being able to apply for indefinite leave to remain (and from there, for citizenship). Although there are a load of requirement that mean this may be a pipe dream, this particular clause caught my eye:

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason if it was related to work. You must confirm the reason for the absence if it was for a serious or compelling reason.

Does this mean that I cannot leave the UK for ANY amount of time unless it is for work or something like a parent dying, or merely that I cannot be away for more than 180 days unless it is for those reasons? Essentially -- am I looking at five years of not going home to the US for the holidays (3 weeks max), or taking a holiday outside of the UK?

(I know that the immigration laws change constantly, but I am operating on the theory that I'll react to the laws as they stand, adjusting my behavior as needed.)

Divorce and immigration attorney in Philadelphia area

Anonymous — Thu, 24 Jan 2013 09:55:02 -0800

I need recommendations for an attorney in the Philadelphia area, who can handle divorce and custody cases where one party (myself) is a non-US citizen, who is here on a marriage-based Green Card. The Card itself is about 2 years old.

Seeking professional UK immigration advice while living in the US

Anonymous — Sat, 19 Jan 2013 14:27:32 -0800

How can I find a lawyer or similar professional with experience in applying for EEA Family Permits in the UK, while I am still living in the US? My (unmarried, opposite sex) partner recently got an offer to work in the UK and plans to accept. I plan to relocate with him.

He is a citizen of an EU country, so he has an automatic right to live and work in the UK. However, I am a US citizen and would need an EEA family permit to live with him.

We are planning to get in contact with the immigration specialist office at his new workplace as soon as he signs the contract. However, we may also choose to get our own legal advice. How would we go about finding an immigration lawyer with this experience while we are still living in the US? Is it realistic to expect to find someone competent in our current mid-sized Mid-Atlantic city? Would it be a better idea to contract a laywer within the UK remotely? Thanks for any advice or experience you can share with us!

When is a family not a family?

londongeezer — Fri, 02 Nov 2012 13:44:27 -0800

Are the mother and father of a child in a family relationship with one another if they are not married and not partners in any way except as co-parents? The mother and father are both the biological parents of the child and its legally registered parents on its birth certficate. They had a sexual liaison that resulted in the mother's pregnancy and the birth of the child. They have no interest in getting married or otherwise instituting a relationship as a couple. The sole basis of their relationship with one another is as co-parents of their child, and they are collaborating to bring the child up. Can it be argued that the mother and father are in a family relationship to each other? If so, on what grounds?

YANML and TINLA but I am interested in the legal ramifications of this question particularly with regard to the European Human Rights Act and the right to family life enshrined in it and further specifically in regard to UK immigration law. However, I would also be very interested in knowing whether this question has arisen and been dealt with in jurisdictions other than the UK and EU and what the arguments and rulings were.

I would also be interested in broader philosophical input into this question. On what grounds in 2012 might it be argued that the mother and father are in a family relationship?

Paperwork Galore

23 — Tue, 23 Oct 2012 02:33:55 -0800

JapanVisaFilter - My visa period is almost up, and my contract is extended but not for a whole year. What's up? I'm in Japan on a one-year engineering visa. My company has extended my contract, but only for six months (all the paperwork for that is done). I'm going in to renew my visa tomorrow, but it expires at the end of this week (I got careless and forgot about the renewal date).

1. Can I get my visa extended?

2. Is my visa automatically extended while they process my application? If not, what can I do?

This is my first visa renewal in Japan and I'm an American citizen, if that makes a difference.

undocumented narratives

threeants — Thu, 18 Oct 2012 16:05:59 -0800

Looking for first-person narratives from undocumented immigrants to the United States. Any text medium is fine-- whether book, article, someone's Livejournal post, etc. I'm equally interested in the passage process and daily life once arrived. Narratives from relatives/friends/etc. of undocumented people are ok, but what I don't want is third-person journalistic pieces (unless the subjects are quoted very, very liberally). I'm not looking for any specific sending nationality, but Spanish-language material is workable for me. Really, a diversity of different nationalities, cultures, upbringings, life situations, circumstances, outcomes, etc. would be terrific. But hit me with whatever you got!

Thanks all.

Why do some types of people tend to work in certain types of places?

andromache — Wed, 17 Oct 2012 12:19:17 -0800

Why do I so rarely see first-generation Chinese immigrants working in ethnically diverse businesses, while I so often see Latino immigrants working in just about every type of business? One thousand qualifiers and anecdata inside. To be absolutely clear: I'm painting in very broad strokes. It's possible the premise of this AskMe is basically wrong, or that I'm wrongly focusing on these two subsets of people while ignoring others. If so, weigh in! I'm not certain that any of what I write below is evidence of a larger trend -- it's more a half-formed question based on my own observations and ignorance, and it is not meant to offend anyone (I don't believe that it will, just unambiguously stating my intention). Also let's be clear that I'm assuming a lot: that I know who's Chinese-American or Latin-American at a glance, that most of the people I'm talking about are in fact first-generation immigrants, etc. Let's agree that I could easily be wrong about almost every single thing that I posit below. Finally: I don't mean to imply a value judgement, that any of these are hard-and-fast rules, or that there aren't loads of counterexamples to the contrary.

I live in Brooklyn and I work in Manhattan. It appears to me that, first-generation Chinese immigrants often work in what seem to be businesses owned and operated by Chinese-Americans. This isn't just in Chinatown or Flushing, it's all over the city that I've seen.

I'm thinking first of Chinese restaurants, in many of which the entire staff, from the server to the chef to the busboy, are ethnically Chinese. Sometimes there are Latinos bussing tables, but very often not -- the staff seems to be Chinese down to the last person. This is unlike almost any other kind of restaurant I can think of -- there are a zillion Latinos in the food industry, but rarely in Chinese restaurants. Other examples include electronics shops, hardware stores, repair stores, and on and on. I walked into a small computer store today, staffed by two Chinese guys, which is what got me thinking about this question. (Am I certain that it was owned by Chinese-Americans? No, but I lived in China long enough to make a reasonably educated guess that it is, and I'll bet you'd agree with that assumption if you'd been there). Similarly, at the laundromat down the street from my apartment, I always see the same three Chinese ladies, and nobody else, working there.

By contrast, I see lots of Latino-American immigrants working in diverse environments. (Do I know they're immigrants? Of course not, but if you live in a city where half the residents -- including myself -- are transplants, it's not crazy to figure that there's a good chance that someone with a strong Spanish-inflected accent is originally from Latin America).

For example, there are lots and lots of Latino/as who work at the deli I always go to -- there's also an Egyptian lady at the register, and a couple of white guys behind the counter. There are no Chinese people who work there, though, or at any of the delis I frequent. I go to this greengrocer about 4 times a week -- I believe that the owner is Korean and the guys restocking the shelves are (always) Latino. I go to Ess-a-bagel whenever I'm in the area, and the guys (and gal) who work there are all either Jewish or Latino.

I see Latinos working in all kinds of restaurants -- Thai, Italian, American, whatever. When I go to a diner, about 2/3 of the time the guy refilling my water glass and clearing the empty plates from my table is Latino. I cannot think of a single example of a Chinese-American guy bussing tables, or taking orders, or cooking the food -- unless I'm in a Chinese food place. But at the "Greek" diner? Latino guys. Burger joint? Latino guys. Pizza place? Latino guys. But I'm just not seeing the ethnically Chinese cashiers, short-order cooks, and busboys in these kinds of places.

I'll very frequently see Latino guys on a construction crew that also includes white and black guys. When I see Chinese guys doing construction, it's a good bet that everyone on the crew is Chinese-American -- you never see a construction crew of like five Polish-Americans, and three Chinese-Americans (do you? I mean, I don't).

Again: I know that people of Chinese and Latino extraction have all kinds of employment -- I work with a number of them in my white-collar tech job; I've had Latino and Chinese doctors, teachers, whatever (This isn't meant as a "I can't be racist, some of my best friends are ____!" defense, I just mean to say that obviously, all kinds of people do all kinds of work, but for the purposes of this question, I'm talking about firs- or second-generation immigrants who open businesses, and people in the service industry, in New York, and in these two demographic groups). There are lots of parts of the city I've never been to where these trends might be completely untrue, and my observations are about as anecdotal as they come. I understand that. But I'd be curious if anyone has insight, or has evidence for or against the premise of the question, or can explain it in terms of language, or money, or immigration trends, or this city/big cities in general, or cultural tradition… or anything.

How to Start Over in America

hobo gitano de queretaro — Wed, 10 Oct 2012 12:43:58 -0800

How to help my girl stay busy / find work in our quest to move to the United States and start over. Lengthy soul-searching after the jump. I will try skip (most of) the irrelevant blizzard of snowflakes and skip down to the meat of the matter.

I met my girlfriend 3+ years ago during graduate school in Mexico. It hasn't been a fairytale romance, but we are extremely compatible and still quite in love, each of us being the greatest thing that has ever happened to the other person ever.

Anyways, due to a bureaucratic snafu of the sort that is endemic to central Mexico, the love of my life has finally given up on graduating with her combined undergrad/graduate degree and after a lot of soul searching we agreed last December that starting over in the USA was definitely worth a shot.

But it's been a slow train to start. We have spent most of the past year apart as I ended up having to go back to the United States to save my graduate program from destruction (long, irrelevant, story). Both of us would like nothing more than to be reunited, so I plan on going back to Mexico in December, and I am fortunately on top of necessary paperwork to finalize her immigration status.

The immigration process is being handled by a pro-bono immigration lawyer who definitely qualifies for sainthood, and it's a complicated nightmare but fortunately it seems like all the hairy legal details will be taken care of in the nick of time. In a similar stroke of serendipity the financial assessment of all this insanity is also just barely above water due to my savings from a lifetime of crappy minimum-wage jobs.

What I would like the collective wisdom of ask.metafilter on is how to best help her find rewarding employment after immigrating. Her English is pretty good, but she definitely lacks some confidence due to a somewhat abusive upbringing and an abiding sense of failure due to the academic situation she's leaving.

She's not sure whether she wants to attempt to transfer her credits (I don't blame her) or just start fresh in American academics. Either way we'll try to take as much documentation from her school as possible.

After the immigration issues are taken care of, she has decided she would prefer to spend a year or so working as she figures her professional desires out. I agree; it would be great in helping her realize the whole mess in Mexico wasn't her fault and she isn't incompetent, she was just forced into a career track she had no interest in. I think it would really help that cause if we find her something slightly more rewarding than your average minimum wage McJob. My first instinct is to try to find something with non-profits involved in immigration or healthcare, which is fairly relevant to her interests. But because everything in our life has to be complicated, this goal is made more difficult by the fact that I will most likely have to move to a different region of the country for field research, about every three months, for the next 15 months and that will involve at times spending 60+ hours a week at the lab. Unfortunately, I don't even know where I will be assigned just yet.

Also, any additional money she might be able to bring in would help our collectively low morale. After that 15 month mark, though, everything will be quiet and boring and happy and stable.

So in summary:
1) If you have any suggestions or resources that you think would be helpful either in terms of entering the American educational system as an immigrant or finding rewarding short-term work as a non college degree holder I would greatly appreciate it.

Bonus Round
2) If you have have any advice on how to manage the joy of breaking to a fairly conservative, traditional Mexican family that their daughter and only child is dropping out of the school and career path they had mandated (which she has decided is an much easier conversation than going into the gory details of exactly what happened and how it's not actually her fault) and moving to the United States (which they aren't huge fans of, either) and most likely getting married sans wedding that would also be wonderful. But at this point I'm just expecting to weather the worst and deal with the fall out, but with any luck her parents' strong and abiding approval of me and collective love of their daughter will temporarily outweigh their urge to lock her in a basement forever.

I will also accept any scathing criticisms of me and/or the wisdom of my life choices and the feasibility of all this working out; because this has all been rather unusually heavy stuff to deal with and sometimes I wonder if I have lost my normally level-headed, rational, cynical pragmatism.

Thank you in advance for your wisdom, patience and commendable endurance in finishing reading my question.

What are my options for getting a U.K. visa?

thepalephantom — Thu, 27 Sep 2012 13:02:48 -0800

I'm a U.S. Citizen and want to get a U.K. Visa, but I have to keep my U.S. job. What are my best options? My girlfriend lives in London and we'd like to spend some time there (more than 6 months) before possibly moving back to the States. I have a job in the U.S. that I want to keep and can do from anywhere (I'm a programmer). I've been reading the UK Border Agency website and it seems like my options are:

1. Stay for up to 6 months with no Visa (not sure how many times you can do this).
2. Get married or enter into a Civil Partnership.
3. Quit my job and try and get a visa through a U.K. job.

Does anyone have any experience with a similar situation. Does anyone have any recommendations on who to talk to to get advice about this (the Border Agency website says they don't offer advice on which Visa to apply for).

Any help would be great, thanks!

INS vs True Love

metahawk — Fri, 24 Aug 2012 13:31:36 -0800

Immigration Calibration: if the love-of-his-life returns to the Phillipines, will he ever see her again? Or rather, give me a general sense of how easy it would be for her to get another tourist visa to US; get visa to travel here for wedding, live here after marriage. A friend (US citizen, male) has fallen in love with a women from the Phillipenes. She is here on a tourist visa, applied for a student visa to do graduate work and got turned down by the INS (to his and her surprise). Now he is rushing into marriage. I know they need to talk to a real immigration lawyer but as a friend, I would like some sense of their options. He told me that if he lets her go back to the Phillipines it would be hard for her to get a tourist visa to come visit him and difficult (or at least extremely time consuming) to get her back to the States if they marry later. He also believes that if they marry before her visa expires they will be able to prevent her having to leave.

To be clear, this is not a green card marriage per se - this guy will go into the marriage with the intent of making life long commitment. However, the immigration stuff is vasty speeding up the decision making - which worries me since this is not someone who could easily walk away from a marriage if it doesn't work out. I am hoping for some sense of whether it is reasonable to advise him to slow down since slowing down means she has to return to the Phillipines (soon).

Seattle children potential homelessness

tristeza — Sat, 18 Aug 2012 13:28:34 -0800

Seattle child services question: pending homelessness for 2 undocumented children... Asking for a friend whose wife is a lawyer:

"wife just called with a problem, she has 2 kids, 13 and one younger who are undocumented,
Their mom is likely to be deported, and the kids need a place to live,
Can you think of anybody who might have some ideas???

Wife is not thinking social services as that would lead the feds to their mom…"

My first thought was to call CPS for advice not using any names, but that might not be possible, I don't know. Anyone have ideas on first steps here?

Have leaders of non-Christian religious faiths spoken out publicly on the immigration issue in the United States?

quodlibet — Sat, 18 Aug 2012 13:09:18 -0800

Have leaders of non-Christian religious faiths spoken out publicly on the immigration issue in the United States? Looking for examples (news articles, resolutions, websites, quotes, etc.) of different faith leaders on the U.S. immigration issue. I'm especially interested in leaders of Judaism, Buddhism, Islam, and Hinduism (either national/prominent or local leaders) but others as well. I know of plenty examples of Christian faith leaders, so I am looking for beyond that.

Help my wife prove her identity to the German Consulate

Joey Bagels — Mon, 23 Jul 2012 09:52:58 -0800

My wife, a card-carrying permanent resident alien living in the U.S., allowed her German passport to expire and is seeking a renewal through the German Consulate in New York City. She has her documentation mostly in order, including German birth certificate, but needs to show proof of a name change that took place during an adoption in Iowa when she was four years old. Difficulty: Iowa adoption records are sealed. Looking for advice on how to best request a copy of the documentation, or provide a suitable alternative. Comprehensive details inside. My wife was born in Germany and came to the U.S. legally as an infant with her mother. Her German birth certificate correctly lists the identities of her biological mother (who lives in Iowa) and biological father (who remains in Germany, as far as we know). When she was four years old -- circa 1969 or 1970 -- she was adopted by her mother's husband in the state of Iowa, and her last name was changed to match the new family name. The identity of her biological parents is not in question, nor is it a secret to anyone.

Upon visiting the German Consulate, she was told that she would need to provide her adoption paperwork to show evidence of her name change before a new passport would be issued. (Her name did not change when we were married, in part because we were sorting out an issue with the then-INS involving a stolen green card and did not want to complicate the process of replacement.) Unfortunately for her, we've moved -- twice! -- since she received her previous German passport, and her only copy of the adoption paperwork went missing. We've been in contact with the appropriate county clerk in Iowa, where all adoption records are sealed. We've been instructed to write a letter to the presiding judge at the courthouse to request the opening of the adoption file. We've asked if proof of the name change could be provided separately, but apparently it is part and parcel of the adoption file.

So we're going to write the presiding judge immediately and explain a) why my wife needs the document and b) that no one's identity is being protected by keeping the record sealed. As we've been warned that it's difficult to get these records unsealed, I'd appreciate some advice on what should go into this letter or insight on what our chances are. Also, if we can not get official documentation proving the name change, what might our options be? How else does one prove a name change? (She's been using her current name for the last 40 years or so.) Might we change her name to match mine (based on marriage) and leapfrog her previous name entirely for the purposes of this passport and moving forward?

Baby, please don't go!

Madamina — Sat, 21 Jul 2012 18:05:06 -0800

My friend was offered a job several months ago, but the company screwed up his immigration paperwork and... yada yada yada, he may get deported in a month. Oh, and he's gay. How can I help? My amazing friend has been on a student visa for the last ten years or so. He's from Hong Kong and has been in a committed relationship with his (male) partner, an American, for several years. He has contributed to our community in a ton of demonstrable ways and has a lot of supporters at all levels.

The way he described it, someone in HR left the company and/or dropped the ball, at least three months ago. The company is used to dealing with international folks, but (having worked for them myself) they are notoriously slow and somewhat flippant. During that time the United States basically reached its quota of the number of corporate visas it could offer. I believe he was told that they usually reach the year's quota in April or May. I think there were some issues at the INS as well.

I'm guessing an immigration lawyer could help here, but if the paperwork is stuck in bureaucratic hell, is there anything I or others could do to help him get it through? If I have connections to our federal legislators, could that help? Who else might be able to help quickly? (I saw some previous questions suggesting contacting the National Center for Lesbian Rights, but this situation seems simultaneously too serious for their info sheets and not serious enough for their legal support.)

What does it mean to "leave" a country on a passport?

media_itoku — Mon, 09 Jul 2012 16:46:00 -0800

What does it mean to "leave" a country on a passport (specifically, the US)? There are a bazillion questions here from dual citizens asking about how to use their passports when travelling, and the consensus seems to be: enter and leave the US on your US passport, enter & leave other country on your other country passport. What does "leave" mean in this context? I haven't travelled out of the US since 2002, and don't remember what the procedure was then. Is there some kind of immigration checkpoint before you get on your outgoing plane? Or does it just mean the passport you show when you check in at the airline?

Details: I'm a New Zealand citizen long-term resident in the US with a Green Card; but I also have a British passport which I've never used. I want to go to Europe. So, do I show NZ passport at the counter when I "leave", Brit one at European immigration, Brit one when I check back in to come home to the US (ie "leave" Europe), and NZ one when I get to US immigration? Won't the European airline want to see my NZ one to check that I'm allowed back into the US?

Dutch Big Brother

Omon Ra — Tue, 03 Jul 2012 04:22:01 -0800

Does the Netherlands keep any records of the foreigners who have previously lived in the country? I have been living in the Netherlands for one year as a student, and, according to the regular procedure, I registered with the city of Utrecht. I would like to know what kinds of records will the city keep once I deregistster and leave the country.

Can anyone give advice on moving to US/Canada for relationship?

Serendipitous — Wed, 06 Jun 2012 08:02:40 -0800

He's American, I'm Canadian; we're not married - anyone have advice or experience with immigration either way to be together? So, we're currently living in our respective countries and we take turns doing a 9 hour drive (each way) to visit each other for a weekend once per month. This has been going on for a year and a half now, and we're pretty ready to make some changes to actually live with each other.

The problem we're facing is that we're not sure which way to go. There are good reasons for both. Immigration is complicated, and it seems as if it will very likely involve one of us not working for some period of time. Here are the items we have had to consider:

Work
-He has a slightly better job than I do and could support us both easier if I couldn't work at first. His job is in the private sector as a systems admin for a medium sized business. He didn't finish school and is concerned that if he moves to Canada, he won't be able to get a job that gives him the flexibility, autonomy, and pay that his current one does (he does all the planning, budgeting, etc. for his current job).
-I work at a University in Canada which is unionized. I will get pay increases steadily, but I don't get bonuses like he does. My pay cap is definitely lower than his, though I have a bit more security in my job due to the Union. Working at a university offers the perk of being able to take courses for free.
-We both receive good benefits packages.
-As he works in the private sector, it is potentially easier for me to get a job there since he can work with connections and I have my BA. For me to get him a job here is more complicated since we have to go through HR and union issues, despite any connections I may have.

Finances
-I am almost finished paying off my student loan (less than $1000 to go!). I just bought a new car and have car payments to make each month. I have a little debt on credit cards, but nothing serious or that can't be taken care of with reasonable payments within 6 months.
-He is still paying some of his student loans but has no car payments and no credit card debt.

Education
-I have a degree; BA Cross-Disciplinary Studies.
-He started a degree but due to financial complications was deregistered.
-With where I work, I can take courses for free. If he could get a job here as well, he could finish school for free too.

Family
-He is not in contact with his family, and would have no one to fall back on should he uproot to Canada and have things not work out. We don't want to plan for failure, but it IS something to consider.
-My family lives within a few hours of me. I am not extremely close with them, and in a few years my parents plan to move pretty far north. However, I do have people to fall back on should I really need it if things were to not work out if I moved to the US and had to come back.

Emotional
-He is a traditional sort of guy who takes pride in being able to "take care" of me. I'm ok with this; we see eye-to-eye on it really, and I don't want this particular point to turn into a feminist-type debate. For him to be out of work, I fear will really do something bad to him emotionally, and he is already very prone to depression and high anxiety due to being an overachiever and perfectionist (I suffer the same issues).
-I have 2 cats I'd have to move, while he has no pets. Not really a huge deal, but just another item on the 'to consider' list.

Immigration
-While neither of us is really particularly crazy about our own country (no die-hard patriots kinda thing), we both take some amount of pride in our citizenship and we aren't sure if we should try for permanent residence or actual citizenship change.
-Canada's choices include being able to live in the opposite country while you're waiting for your visa - but not being able to work. It also involves potentially applying for a conjugal partner permanent resident status, which would mean we could do the move without having to get married.
-We really want to live together, and we're willing to get married. We both see each other as "the one" but it would be nice if we could do the immigration in a way that would allow us to get engaged and married on our own terms, and not by a government deadline as is offered with the US K1 option.
-We're concerned about the K1 option because of the burden of proof for the relationship. The border won't stamp our passports when we go through, so there's no real record of our visits. We talk online every day using Gtalk and on skype using video chat. However, to prove your relationship they are asking for letters and phone calls, which we have very few records of since we use the internet for almost all our communication.

Has anyone made the move either way? Can you give me any details or advice on the process, or even an opinion, given the information above, on which way we should consider going? I have looked at the visa sites and while some of the information about the actual technical process is helpful, it would be really great to hear from people who have done it.

Much appreciated. :)

Common Law, Taxes and Immigration in Canada without SIN

Anonymous — Sat, 02 Jun 2012 08:21:44 -0800

My common-law partner and I are in the process of filing forms for her sponsorship of me to receive permanent resident status in Canada. She changed her marital status to common-law on her most recent tax forms (we have been living together since 2009). She is now being audited by Revenue Canada, since this reflects a change from her last tax return and how her GST/HST refunds are calculated. Specifically, Revenue Canada wants:
- either my SIN or date of entry into Canada, presumed to be 2010 or later
- a letter documenting our partnership and the date of our union.
- my "world income" for 2010 - which was $0 since I was in school and not employed.

I don't have a SIN and my study permit which granted me legal residence in Canada from 2004 - 2012 (with renewals) expired in the latter part of 2011 after I dropped out of school in 2011 for health/financial reasons. I've tried calling the legal aid clinic helping us through the immigration office but they haven't gotten back to me and my partner is getting quite worried.

Does this have any effect on sponsorship process? What kind of document is she expected to send to Revenue Canada? How would this affect my current undocumented status, especially since we haven't gotten the forms in yet? She is also being asked to return the GST/HST credits she received in the last six months (about 120 dollars) so that they can recalculate the allocation; a lesser concern is whether this change in marital status means she will be receiving less GST/HST returns in the future.

Throwaway e-mail account: commonlawforeignstudentaskmefi@gmail.com

Help me lawyer up!

cinoyter — Fri, 01 Jun 2012 06:09:57 -0800

I've got a special-snowflake immigrations issue that leads me to believe I no longer know enough to handle the problem. I need to meet with an immigrations lawyer/consultant. But how do I choose? (Location filter: Montreal) I've got an immigrations issue related to my girlfriend which we don't know how to handle, and while guidance would be great, what I really need is meta-guidance. I believe I need to speak to an immigrations lawyer/consultant, pronto. Thing is, I've never spoken to a lawyer before, nor received legal advice on anything. I live in Montreal.

- What's the difference between an immigrations lawyer and an immigrations consultant?

- How much is this likely to cost? Are these folks paid by hour of consultation; on retainer; some other way? (I'm certainly not rich.)

- Are legal clinics likely to be any help? I know of a few community legal clinics, but I suspect those are more about things like rent disputes.

- How can I filter for someone who is reputable and knowledgeable, particularly since immigrating to Quebec is different than elsewhere in Canada? I usually like to look for small firms; will that provide me worse service in terms of a law practice?

- How do I prepare for the appointment? Just my situation and a list of questions?

- If I ask for a consultation, is there an implication that I am going to use this professional for the rest of the process? I only ask because generally I'm pretty good at figuring out bureaucratic processes -- I just don't know which one I need right now.

- ... or am I overthinking this and just need to call names from the phone book?

If you're interested in the situation: girlfriend with US citizenship came as tourist, ended up with NAFTA permit job on a one-year contract which is coming to an end, and no longer wants to work in that field. Now we're common law but she's going to have no job. I'm a Canadian PR and while I have some savings, I can't afford to support her for what may amount to 18 months, so we need to get her a work permit. Since I'm PR, I can't really leave the country. I'm only a few months away from applying for citizenship, but apparently the waiting time on that is a full 19 months.

Anyway, thanks for any information you may have about lawyering up!

How hard is it for an American to move to England/Scotland/Wales?

You Guys Like 2 Party? — Mon, 28 May 2012 13:22:10 -0800

How hard is it for an American to move to England/Scotland/Wales? This isn't something I'm planning to do any time soon but I'm just curious as to what I would be up against if I did decide to move to England/Scotland/Wales (essentially anywhere in the UK except Northern Ireland). I know for non-EUers it can be a rough go.

I don't really have any special skills (other than writing for film and copywriting) nor do I have any relatives in the country.

What would I need to do to be able to live and work in the UK?

I moved. The cheese stayed where it was. Now it doesn't return my calls.

Anonymous — Wed, 09 May 2012 10:20:04 -0800

What should I do instead of online journalism? A few years ago, I left a dream editor job with an online desk at a top foreign newspaper to set up in Canada. This is still absolutely the right decision for me, and being in this country has allowed me to do so many things I couldn't otherwise. I am going to stay here.

My job now is permanent with benefits, has light management responsibilities, and is comparatively well-rewarded. But in Canada I feel the media I work in – exclusively digital – is not taken seriously. People seem to think I make a living from being a blogger. The editors' and writers' associations here seem bewildered by the fact that things online might need to be spelled correctly, let alone people be paid fairly for ensuring that they are. And who would read a newspaper online, for heaven's sake? I realize I'm lucky, but it's devaluing to feel that other people think what you do has little worth.

More importantly, journalism's ground is shifting with every step and my job feels less than secure. In fact, that online job in my previous newspaper back home... no longer exists.

My discontent is likely something to do with the somewhat desperate and sweaty atmosphere at my workplace. I am eyeing the exit. But it's probably little different at any other media company.

I have put out feelers. I am not a natural networker, but I'm trying to talk to some contacts about other possibilities in the market. But... I am ready for another path as well. Continuing to be a digital editor has a raisin's worth of meaning for me, compared with the sacrifices that I already made – of being away from the city and the friends I grew up among.

So, I ask again: what should I do instead of online journalism?

Skills that I have:

* great wordpower and communications skills
* digital native; was raised as a teen by bulletin boards; programmed a computer when 8; can build websites up to PHP coding level
* a few years' overseeing and directing staff and copy workflow, though no line-management as such
* good skills in training people
* literature degree, journalism diploma

Things that matter to me
- being able to properly use my skills
- making a difference to people's lives in a way people care about, at least on an intellectual level
- not too evil
- money (can't forget the mortgage)

I welcome all suggestions regardless of position compared with box (inside, outside, straddling, etc.) I might consider some retraining but circumstances very much limit my free time, and I can't really just up and quit (mortgages are annoying like that).

I'm in Ontario, if it helps, and my work permit allows me free reign. Thank you kind people.