Removal Conditions (children)

[TRELAWNY PARISH 10]

Question: I'll try and keep this short -- if a child's immigration status was based on their father's immigration status and the father gets deported will the children be able to file for "removal of conditions"

background: father arrived on a K-1 children (4) of them (K2) marriage went south (divorced) he tried to remove conditions 2 years later ended up in proceedings got deported children still in the states can his EX file for "removal of conditions" on the children?

Forgive me if I've not provided enough information...Thanks!

Wanted to know if anyone knew of any case history.

Thanks again,

Trelawny

[Brother Hesekiel 2,235]

If daddy gets deported, the children get deported. It's a family thing. Not trying to be funny, I swear!

[RICARDO4EVA2 194]

Question: I'll try and keep this short -- if a child's immigration status was based on their father's immigration status and the father gets deported will the children be able to file for "removal of conditions"

background: father arrived on a K-1 children (4) of them (K2) marriage went south (divorced) he tried to remove conditions 2 years later ended up in proceedings got deported children still in the states can his EX file for "removal of conditions" on the children?

Forgive me if I've not provided enough information...Thanks!

Wanted to know if anyone knew of any case history.

Thanks again,

Trelawny

YES THE FATHER GOT a GREEN CARD BASED on marriage... if he gies then his biological children who got the benefit because of him will become deportable. who would they stay with should their stay be approved??

[TRELAWNY PARISH 10]

YES THE FATHER GOT a GREEN CARD BASED on marriage... if he gies then his biological children who got the benefit because of him will become deportable. who would they stay with should their stay be approved??

they would stay with his EX wife...I don't think this is possible, but it was worth asking. The children are all under the age of 10...so, they're out of status right now because ROC was suppose to take place earlier this year.

[Deputy Purple 1,294]

they would stay with his EX wife...I don't think this is possible, but it was worth asking. The children are all under the age of 10...so, they're out of status right now because ROC was suppose to take place earlier this year.

Unless she has adopted them she has no legal rights to them as she was only the step-mother.

[RICARDO4EVA2 194]

they would stay with his EX wife...I don't think this is possible, but it was worth asking. The children are all under the age of 10...so, they're out of status right now because ROC was suppose to take place earlier this year.

Unfortunately they are too young to submit for their own ROC.

[TRELAWNY PARISH 10]

Unfortunately they are too young to submit for their own ROC.

Thanks Ricardo, I told her that...she went to see a few attorneys but they're making promises I know they can't keep and they're telling her the case would be complicated so, a hugh retainer would be required. I think it's best if they return so that it will not mess them up in the future should they want to come back to the US.

Thanks again...

[RICARDO4EVA2 194]

Thanks Ricardo, I told her that...she went to see a few attorneys but they're making promises I know they can't keep and they're telling her the case would be complicated so, a hugh retainer would be required. I think it's best if they return so that it will not mess them up in the future should they want to come back to the US.

Thanks again...

You're must welcome. After reading your message above...i had to strap a step back and look over what your first message said. They got a divorce, she isn't their mother ...she's like a guardian now. Can she adopt them, yes. Will they be granted a green card....ProbablY not, why? Because they are not orphans and fire a child to gain immigration benefits they must be certain classifications. She if she adopts them them clearly it would be to avoid the proper immigration chanel ALSO the ex-husband WILL/WOULD loose all rights to his children. Of he willing to do this? Can she prove that the children going back to jamaica would be a hardship? They just got here within the year didn't they? I doubt there has been any much adjustments.

Your friend doesn't know immigration law and is wasting money because SHE WILL NEVER BE able to petition for a "friend's child".........

[TRELAWNY PARISH 10]

You're must welcome. After reading your message above...i had to strap a step back and look over what your first message said. They got a divorce, she isn't their mother ...she's like a guardian now. Can she adopt them, yes. Will they be granted a green card....ProbablY not, why? Because they are not orphans and fire a child to gain immigration benefits they must be certain classifications. She if she adopts them them clearly it would be to avoid the proper immigration chanel ALSO the ex-husband WILL/WOULD loose all rights to his children. Of he willing to do this? Can she prove that the children going back to jamaica would be a hardship? They just got here within the year didn't they? I doubt there has been any much adjustments.

Your friend doesn't know immigration law and is wasting money because SHE WILL NEVER BE able to petition for a "friend's child".........

Well, she would love to adopt them, but I don't think that would work...as far as hardship one of the children has sickle cell...the father wants them to stay here, but I explained to him it's not that simple. She maybe able to prove hardship, but only for one child. They've been here 3 years now and they're attached to her. It's just heartbreaking.

[RICARDO4EVA2 194]

Well, she would love to adopt them, but I don't think that would work...as far as hardship one of the children has sickle cell...the father wants them to stay here, but I explained to him it's not that simple. She maybe able to prove hardship, but only for one child. They've been here 3 years now and they're attached to her. It's just heartbreaking.

Did the child develop sickle cell while he/she was here? Many people have diseases and other illness but that doesn't prove enough evidence for true hardship.

The farther wants them to stay here have u spoken to him to see if he's willing to give up his parental rights? Again even so this cannot be done for immigration purposes.

[TRELAWNY PARISH 10]

Did the child develop sickle cell while he/she was here? Many people have diseases and other illness but that doesn't prove enough evidence for true hardship.

The farther wants them to stay here have u spoken to him to see if he's willing to give up his parental rights? Again even so this cannot be done for immigration purposes.

What I've highlighed was the first thing we spoke about and yes, he will give up parental rights. They found out about the sickle cell while she was here. She was not looking to use medical hardship as a means to complete the process. The attorneys put that in her head...but then I asked her to ask the attorney, what about the other three children (no reply)

[RICARDO4EVA2 194]

What I've highlighed was the first thing we spoke about and yes, he will give up parental rights. They found out about the sickle cell while she was here. She was not looking to use medical hardship as a means to complete the process. The attorneys put that in her head...but then I asked her to ask the attorney, what about the other three children (no reply)

The attorney had no response. First the children would need to be classed as an orphan. Have her read up real slowly.... The U.S. Laws on adoption FOR immigration purposes. What makes it even worst is that the natural parent was deported and here is the ex wife who is wanting to adopt for immigration proposes. The lawyers know that even if they are adopted that nothing can be done. They won't say this when its not required. That's why lawyers "try." Eventually after after about 3 or more years she could sponsor them I think. I'm not 100 percent. Wish I was at home when I read this but I'm at work using my cell phone to respond.

[TRELAWNY PARISH 10]

The attorney had no response. First the children would need to be classed as an orphan. Have her read up real slowly.... The U.S. Laws on adoption FOR immigration purposes. What makes it even worst is that the natural parent was deported and here is the ex wife who is wanting to adopt for immigration proposes. The lawyers know that even if they are adopted that nothing can be done. They won't say this when its not required. That's why lawyers "try." Eventually after after about 3 or more years she could sponsor them I think. I'm not 100 percent. Wish I was at home when I read this but I'm at work using my cell phone to respond.

Thank you Ricardo...I'll have her read this and I really appreciate it.

[RICARDO4EVA2 194]

Any other questions do let me. I promise to do more research when I'm home.

[RICARDO4EVA2 194]

Been Real Busy with work.. Sorry...

Immigration Privileges for the Biological Parents of Adopted Children

Once adoption is complete, the natural (biological) parent no longer has the status of parent of the adopted child. Thus, as a general rule, the adopted child may not confer immigration benefits on his natural parent even if the adoptive relationship has been terminated. Similarly, the natural sibling of the adopted child may not enjoy immigration benefits from the child.

However, the natural parent-child relationship may again be recognized for immigration purposes after the termination of an adoption if the following criteria are met:

- No immigration benefits were obtained or conferred through the adoptive relationship to the adopted child;

- A parent-child relationship once existed between the natural parent and child;

- The adoption has been lawfully terminated under applicable law; and

- The natural relationship has been re-established by law.

The Immigration Procedure for an Adopted Child

An alien adopted child may only qualify for immigration into the United States if he/she meets the technical definition of an “adopted child.” All three of the following criteria must apply:

- The adoption occurs prior to the child's 16th birthday;

- The adoptive parent/s had have legal custody of the child for two years (before or after the adoption); and

- The child had resided with the adoptive parent for two years (before or after the adoption).