H.R. 78 (American Child Support Enforcement Immigration Act of 2006)

[Completely 3]

Hi Folks,

I have seen this online and thought that this might help people to know this before starting the immigration process.

H.R. 78 (American Child Support Enforcement Immigration Act of 2006) would prohibit DHS from approving a family-based immigration petition or fiancé/fiancée nonimmigrant petition if the petitioner is certified by the Department of Health and Human Services as owing back child support; and would authorize DHS to revoke a previously-approved petition – provided a visa has not been issued or an adjustment of status has not yet been effected – if the petition would not have been approved if this measure was not in effect.

Please read the article in the following website below.

http://thomas.loc.gov/cgi-bin/bdquery/z?d1...=msummary

http://www.govtrack.us/congress/bill.xpd?b...amp;tab=summary

http://www.numbersusa.com/interests/legisl...roposed110.html

Did anyone has previous experience regarding this case?

Edited October 8, 2008 by Completely

[Chica Yeyé 41]

I haven't, but I am glad. If you can't support your own children; you cannot support a foreign significant other. Pay up or else. I hate deadbeats.

[MichelleN 0]

Too bad it doesn't work the other way around too

[akdiver 3]

and would authorize DHS to revoke a previously-approved petition – provided a visa has not been issued or an adjustment of status has not yet been effected – if the petition would not have been approved if this measure was not in effect.

Regardless of how one feels about child support issues, this provision strikes me as blatantly ex post facto, and therefore unconstitutional.

[Completely 3]

and would authorize DHS to revoke a previously-approved petition – provided a visa has not been issued or an adjustment of status has not yet been effected – if the petition would not have been approved if this measure was not in effect.

Regardless of how one feels about child support issues, this provision strikes me as blatantly ex post facto, and therefore unconstitutional.

Are this taking in effect now?

I read spmething yesterday that this is still a bill, got introduced, but never pass to the senate..

Anyone aware of this?

[Sylvia_n_Joseph 3]

I know they have prohibited people from getting/renewing visas if they owe a LOT of child support. I think the idea of not letting them get visas is good also.

[Ling Ling 22]

Someone once said, "Pregnancy is like getting into a fight...you're never really prepared for it, but a real man steps up and does what needs to be done".

I'm all for taking care of responsibilities, and think there should be strong laws on enforcement of child support.

However, let's just play devil's advocate. What if the immigrating spouse can help pay the child support arrearages?

What if the immigrating spouse can help the father see the error of his dodging responsibility?

What if the birth mother became incapable of custody of the child?

Might there be a good reason to allow the father his right to the pursuit of happiness, when in the end it could benefit the child as well?

Everyman who pays child support is not a good father. Everyman who does not pay child support is not a bad father.

Here's a situation where the government uses wild swinging hatchets to legislate, where a precision scalpel might be more appropriate.

[Sylvia_n_Joseph 3]

A man that doesn't have respect for his child won't have any more respect for a wife. In fact he is more apt to leave when the next wife has a child and leave her without any support either. A lot of these guys like leaving kids scattered about and brag about how many bay mommas they have. They think the tax payers should be buying the diapers.

[*JG* 2]

A man that doesn't have respect for his child won't have any more respect for a wife. In fact he is more apt to leave when the next wife has a child and leave her without any support either. A lot of these guys like leaving kids scattered about and brag about how many bay mommas they have. They think the tax payers should be buying the diapers.

Right on to this one.

[Ling Ling 22]

Some would say that spending time and being part of a child's life...as well as making monetary contributions to a child are both very important.

But I'm wondering, if you had to prioritize these two aspects of being a non-custodial parent, which one would you say is most important?

Contributing time or money?

Or is contributing time not a requirement of being a respectful non-custodial parent?

[Giskat09 2]

we are going to file maybe january bcoz of this issue.. my husband still has his debt of $2,800 ... i wonder if we can still file, and while on the process he will finish the debts this year.. is this ok? we need help.. my husband is devastated about this. he was trying to reach his daughter upto now but tis been 6 years since the last time he hold her.. The ex mother refused my husband to see their daughter.. thats rude and unfair in my husband's side.. but still he has to pay... i wanna be with him soon but it takes time anyways....

[tom&tata 2]

we are going to file maybe january bcoz of this issue.. my husband still has his debt of $2,800 ... i wonder if we can still file, and while on the process he will finish the debts this year.. is this ok? we need help.. my husband is devastated about this. he was trying to reach his daughter upto now but tis been 6 years since the last time he hold her.. The ex mother refused my husband to see their daughter.. thats rude and unfair in my husband's side.. but still he has to pay... i wanna be with him soon but it takes time anyways....

What was the custody arrangement? The arrangement for him to see his daughter should be in that document also.

[Giskat09 2]

no arrangement since the mother is not ready to introduce their daughter to my husband which hurts me also... my husband is upset but i tried to be friend with the mother upto this time and i think this will take some years for this to be totally solved.

[Giskat09 2]

all my husband is doing at this time is HE IS PAYING HIS DEBTS AND SUPPORTING HIS DAUGHTER EVEN HE DONT SEE NOR HUG HER.. The mother is so selfish that she DOESNT LET the kid know her real father... #######!

[tmma 467]

no arrangement since the mother is not ready to introduce their daughter to my husband which hurts me also... my husband is upset but i tried to be friend with the mother upto this time and i think this will take some years for this to be totally solved.

It should have been addressed in the divorce document. Non-payment of child support does not give the custodial parent the right to with hold the child from the non-custodial parent. If he is supporting the child now, and if he genuinely wants to see his child, why doesn't he make an application to the courts to enforce the visitation agreement in the decree? has he even attempted to try enforcement methods to gain access to his child. he shopuld know that unless he is a heinous criminal, druggie or whatever, he is within his rights.

I feel more strongly about this next part.....really-what is he thinking even petioning and signing an affadavit of support for someone else---when he is behind with his support for his own blood?

I can see where the Govt is coming from on this.

eta-you are very descriptive about the ex---have you met her? She must have been OK at one point-he married her and they produced offspring. If you are only judging her by his word.....well, you know where I am going with this.....

Edited October 9, 2008 by tmma