Children of divorced parents

[CdnMN 0]

Hey all,

Here is a copy of a letter that I sent to the Judiciary Subcommittee On Immigration. I ran it past another VJer and they suggested I post it. I'll also be sending it to my two State Senators.

It may be futile (picture Don Quixote and the windmills) but hey.

Re: Children of divorced parents and immigration.

I am writing to you regarding an area of immigration which, in the overall need for reform, seems to be given little to no attention. It involves minor children – under 16 years old – and the immigration process.

I will use my own experience as background, however I have found, through internet forums, many families facing the same issue.

As background, I am originally from Canada and have been a Permanent Resident since 2002. I am married to a US citizen and have a child (son) from a previous marriage still living in Ontario, Canada with my ex-spouse. He was listed on my original INS paperwork but he was not joining me.

Now, at the age of 12, my son has decided he would like to live with me here in the US. This is where my frustration with current immigration law begins.

There are several points that I would like to bring to your attention regarding current immigration law.

1) My son can be sponsored on an I130 by my wife who is his legal step-mother. This means there is no waiting period for a Visa to become available as she is a US citizen.

2) Once USCIS has approved the I130, a package is sent to NVC. NVC will then forward a package to the appropriate consulate – In my case this would be Montreal.

3) Permanent Residence is the only avenue by which my son can come to the US. There is no other form of Visa that my son can obtain in order to come to the US. A student F1 Visa is only available to students in grade 9 UNLESS I enroll him in private school or pay the local school district the calculated yearly cost per child to attend school.

4) If my son were older (in Grade 9) he could obtain an F1 Visa and be able to move here very quickly. The F1 Visa could be processed in Toronto or Ottawa, Ontario. After a period of time, he would then be able to file for Adjustment of Status, to become a Permanent Resident if he were to choose to remain living with me.

5) Expedited processing is available for certain employment based Visa types. No expedited service exists for family related Visa applications.

6) Children of holders of other Visa Types – H, J, F etc. – are allowed to attend public schools without having to pay any additional costs.

7) Staff at either Senators or Congressional offices offers little help. They explain that to give advice would be considered giving legal advice and that the best option would be to contact an immigration lawyer.

These facts are the basis for several issues with respect to current immigration laws as they relate to the minor children of Permanent Residents and/or US citizens.

First – Permanent Resident Status should not be the only option for a minor child to come to the US to be with a parent. Many times a child of divorced parents may wish to move to be with a US parent, but not necessarily on a permanent basis. Some form of status should be available to these children that will allow them to go to school, be covered by the parent’s health care etc. without the need for Permanent Residence Status to begin with. If necessary, these children should be able to apply for Adjustment of Status in the future if they decide to remain in the US.

Second – A student visa should be available to minor children of US Permanent Residents and/or US citizens. As taxpayers – Federal, State and Local - there should not be any requirement with respect to enrolling a child in private school or paying a calculated annual per student costs to the school board. Perhaps a student visa for this category of children would be the answer to the above noted Permanent Residence issue.

Third – There should be some form of expedited service for this category of children. Divorce and custody issues are difficult enough. Once a custody arrangement is agreed upon, a child should not need to have a prolonged wait to be able to live with the US parent/parents. Under the current system, it is difficult to decide when to start the immigration process. Waiting until a custody agreement is final may mean an addition 6 to 12 months - or more - before a child can move. Do employee/employer relationships carry more weight than a parent/child relationship?

Fourth – If Permanent Residence for the child is the desired option, there should be a way to have the child move to the US and complete processing here as opposed to consular processing. I can only speak directly about Canada in this case, but the same principal should apply across the board. It is difficult to arrange for a child to travel a great distance for an immigration interview, especially if the out- of- country parent isn’t willing or able to travel with the child. (In my case, my son needs to travel from Ontario to Quebec). This makes it difficult or impossible for the US parent to have the child complete the necessary procedure for moving to the US. In my case, I would need to fly to Toronto, rent a car to pick up my son, fly to Montreal, return to Toronto and then return back to the US. This would also mean expenses for food and lodging. This is difficult from a time perspective as well as an extreme financial burden when considering the cost of airline travel.

Fifth – A Parent obtaining Permanent Resident Status should not disqualify a minor child from entering the US as a derivative. It should be realized that, while a child may not move initially with a parent to the US, the likelihood of that happening in the future should be expected. Up to the age of 16, no child should be excluded as a derivative of the emigrated parent.

Sixth – Immigration Law related to fairly straightforward family issues such as this should not be so convoluted as to require an immigration lawyer. I have investigated this option and have found them to be extremely expensive. It should not require thousands of dollars in legal fees in order to bring a child to live with their parents in the US.

It is my hope that, in bringing this issue to the attention of your office, that something may be done to alleviate the frustration with this area of immigration. This should not need to wait for an overall reform package on immigration to be passed. A separate Bill could be drafted in order to address this issue.

In the interest of families and, more especially, children, I hope this matter will be found to be of enough importance that it will warrant some form of action.

[CdnMN 0]

Additional Info,

I sent this letter to to CIS Ombudsman.....reply as follows

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding minor children under 16 years old and the immigration process.

Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).

I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS’ practices and procedures.

Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.

Sincerely,

CIS Ombudsman

[raphael7546 0]

Additional Info,

I sent this letter to to CIS Ombudsman.....reply as follows

Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman). I appreciate your comments regarding minor children under 16 years old and the immigration process.

Under the authority of the Homeland Security Act of 2002, the CIS Ombudsman assists individuals and employers who experience specific problems during the USCIS benefits seeking process, largely to identify problems and to formulate recommendations to improve the USCIS service. Please see our website for more information about the CIS Ombudsman (www.dhs.gov/cisombudsman/).

I believe that first hand information from individuals like you is the best source for identifying systemic problems in the immigration benefits process. My office will consider the information you provided as we develop recommendations to improve USCIS’ practices and procedures.

Once again, thank you for taking the time to contact my office, and for giving me the opportunity to serve you. I look forward to the day when I can report that the work of this office has been accomplished because our vision of a world-class immigration benefits system has been achieved. Your contribution takes us a step closer to reaching this goal.

Sincerely,

CIS Ombudsman

It is difficult to arrange for a child to travel a great distance for an immigration interview, especially if the out- of- country parent isn’t willing or able to travel with the child. (In my case, my son needs to travel from Ontario to Quebec). This makes it difficult or impossible for the US parent to have the child complete the necessary procedure for moving to the US. In my case, I would need to fly to Toronto, rent a car to pick up my son, fly to Montreal, return to Toronto and then return back to the US. This would also mean expenses for food and lodging. This is difficult from a time perspective as well as an extreme financial burden when considering the cost of airline travel.

The type in Bold is a big issue for us as well.

My daughter is 13 yrs old and lives in Vancouver BC. Her interview will be in Montreal as they no longer do this interview in Vancouver. I think Immigration should make amendments to this considering the age of the child and the distance in which the child would have to travel My daughter can't travel all the way across Canada by herself. So like you, I'll have to fly to Vancouver, pick her up, fly to Montreal, take her back to Vancouver ( She won't be moving until next summer regardless when she gets her interview as she wants to finish out the year of school in BC) and then I will have to fly back to Utah.

This is a huge hardship considering I don't know anyone in Montreal, Never been there in my life. I don't speak French, I don't drive so, cabs will be our only transportation(another expense)Plus I'll be taking unpaid leave from work to do all this.

[Mike n Huong 1]

I totally agree with you both.

My wife is from Vietnam. It is an expensive flight and a very long flight. Once in her country she will then need to buy plane tickets for her and her son to fly to the opposite side of the country to be interviewed. This is going to cost us at least $3,000 or more. It is her son so why does he need to be interviewed?

[jellyfish 0]

This may be unpopular, but the "hassles" of the process re children and immigration process are small compared to the effort you need to make to settle them in a new country. If parents are divorced the support of both parents in the move is a big plus. Even if it is a letting go by one parent. My first marriage ended in divorce and we ended up at opposite ends of the UK. An awful lot of putting small children on planes as unaccompanied minors, and a lot of working together to help the children keep in contact with both parents. I have our 17 year old here in the US now, and her Dad will come over to visit us in the New Year. Daughter makes her own plans to travel back to see him in London and meet up with family.

The 11 year old will miss her friends, and have to settle into a new school system. She has been through a medical in London with a list of vaccinations and shortly after another trip down to stay in The Marble Arch Inn to do the interview. She is leaving a lot of family behind.

To my mind the distance to the interview etc, 8 hour train ride, is the smallest part of my concerns. (older daughter did hers seperately, with her Dad actually taking her to the interview.) I like to think I have consulted with my girls and they have had a large say in the arrangements. Attending interviews is part of the process and keeps them involved. They do not "belong" to me in some way that I can bundle them up. I have done my best and really worked at giving them their own life choices. They are both settling really well now. This is the hard part, not the interviews.

I know that ex partners can be total pains, but if they are raising objections be prepared to listen to them. Just possible they have a point.

I cannot imagine the havoc an unwilling and homesick child could cause. Guilt upon guilt. Children need solid bases so some half road house of arrangements is unsettling. I cannot see why the US should pay to educate my child when I am vague about the future for this child. Will the investment bring a return for the US ? (in probability).

Basicly I am saying if you cannot work together with the child, and their other parent to get a plan together things will only get trickier. It is healthier long term to slow down a little and give every chance to get things together better as it will make things better long term, even if only because you can tell the kids you tried everything with other parent.

Be hot or cold, not luke warm if you follow, and don't complain about cost in front of them, because they did not choose to start this process. They have to live with it though. It might come back to bite you.........

Frankly, they are worth all the effort and I am so happy mine are with me, and happy.

[Boiler 45,805]

4) If my son were older (in Grade 9) he could obtain an F1 Visa and be able to move here very quickly. The F1 Visa could be processed in Toronto or Ottawa, Ontario.

I do not believe there is any age limit on F Visa's

After a period of time, he would then be able to file for Adjustment of Status, to become a Permanent Resident if he were to choose to remain living with me.

F is a non immigrant visa, not dual intent as you state.

5) Expedited processing is available for certain employment based Visa types. No expedited service exists for family related Visa applications.

True, would not we all like that.

6) Children of holders of other Visa Types – H, J, F etc. – are allowed to attend public schools without having to pay any additional costs.

Any resident is, even those with no Visa's. The Supreme Court said so.

7) Staff at either Senators or Congressional offices offers little help. They explain that to give advice would be considered giving legal advice and that the best option would be to contact an immigration lawyer.

Sounds reasonable, they are not lawyers.

These facts are the basis for several issues with respect to current immigration laws as they relate to the minor children of Permanent Residents and/or US citizens.

First – Permanent Resident Status should not be the only option for a minor child to come to the US to be with a parent. Many times a child of divorced parents may wish to move to be with a US parent, but not necessarily on a permanent basis. Some form of status should be available to these children that will allow them to go to school, be covered by the parent’s health care etc. without the need for Permanent Residence Status to begin with. If necessary, these children should be able to apply for Adjustment of Status in the future if they decide to remain in the US.

They can visit, Canadians have the advantage of not needing a visa, others would use the VWP or B.

Second – A student visa should be available to minor children of US Permanent Residents and/or US citizens. As taxpayers – Federal, State and Local - there should not be any requirement with respect to enrolling a child in private school or paying a calculated annual per student costs to the school board. Perhaps a student visa for this category of children would be the answer to the above noted Permanent Residence issue.

State issue, probably School District, nothing to do with Immigration

Third – There should be some form of expedited service for this category of children. Divorce and custody issues are difficult enough. Once a custody arrangement is agreed upon, a child should not need to have a prolonged wait to be able to live with the US parent/parents. Under the current system, it is difficult to decide when to start the immigration process. Waiting until a custody agreement is final may mean an addition 6 to 12 months - or more - before a child can move. Do employee/employer relationships carry more weight than a parent/child relationship?

I think we would all like an expedited sevice. Employees have to wait for many years, at least an immediate immigrant visa is available.

Fourth – If Permanent Residence for the child is the desired option, there should be a way to have the child move to the US and complete processing here as opposed to consular processing. I can only speak directly about Canada in this case, but the same principal should apply across the board. It is difficult to arrange for a child to travel a great distance for an immigration interview, especially if the out- of- country parent isn’t willing or able to travel with the child. (In my case, my son needs to travel from Ontario to Quebec). This makes it difficult or impossible for the US parent to have the child complete the necessary procedure for moving to the US. In my case, I would need to fly to Toronto, rent a car to pick up my son, fly to Montreal, return to Toronto and then return back to the US. This would also mean expenses for food and lodging. This is difficult from a time perspective as well as an extreme financial burden when considering the cost of airline travel.

All down to your financial priorities and hardly the concern for the US. There are some people on this board who have no Consuate in country

Fifth – A Parent obtaining Permanent Resident Status should not disqualify a minor child from entering the US as a derivative. It should be realized that, while a child may not move initially with a parent to the US, the likelihood of that happening in the future should be expected. Up to the age of 16, no child should be excluded as a derivative of the emigrated parent.

They are not

Sixth – Immigration Law related to fairly straightforward family issues such as this should not be so convoluted as to require an immigration lawyer. I have investigated this option and have found them to be extremely expensive. It should not require thousands of dollars in legal fees in order to bring a child to live with their parents in the US.

Your choice, most people do it themselves.

Edited October 29, 2009 by Boiler

[CdnMN 0]

4) If my son were older (in Grade 9) he could obtain an F1 Visa and be able to move here very quickly. The F1 Visa could be processed in Toronto or Ottawa, Ontario.

I do not believe there is any age limit on F Visa's

Elementary school is not allowed for F Visa's Minimum of Gr 9

After a period of time, he would then be able to file for Adjustment of Status, to become a Permanent Resident if he were to choose to remain living with me.

F is a non immigrant visa, not dual intent as you state.

5) Expedited processing is available for certain employment based Visa types. No expedited service exists for family related Visa applications.

True, would not we all like that.

6) Children of holders of other Visa Types – H, J, F etc. – are allowed to attend public schools without having to pay any additional costs.

Any resident is, even those with no Visa's. The Supreme Court said so.

No way to bring my child here and have him attend school legally.

7) Staff at either Senators or Congressional offices offers little help. They explain that to give advice would be considered giving legal advice and that the best option would be to contact an immigration lawyer.

Sounds reasonable, they are not lawyers.

These facts are the basis for several issues with respect to current immigration laws as they relate to the minor children of Permanent Residents and/or US citizens.

First – Permanent Resident Status should not be the only option for a minor child to come to the US to be with a parent. Many times a child of divorced parents may wish to move to be with a US parent, but not necessarily on a permanent basis. Some form of status should be available to these children that will allow them to go to school, be covered by the parent’s health care etc. without the need for Permanent Residence Status to begin with. If necessary, these children should be able to apply for Adjustment of Status in the future if they decide to remain in the US.

They can visit, Canadians have the advantage of not needing a visa, others would use the VWP or B.

Visitor does not allow attendance at school. Could do it and jepordize future permanent residence status according to USCIS

Second – A student visa should be available to minor children of US Permanent Residents and/or US citizens. As taxpayers – Federal, State and Local - there should not be any requirement with respect to enrolling a child in private school or paying a calculated annual per student costs to the school board. Perhaps a student visa for this category of children would be the answer to the above noted Permanent Residence issue.

State issue, probably School District, nothing to do with Immigration -

VISA Requirement as per State Department

Third – There should be some form of expedited service for this category of children. Divorce and custody issues are difficult enough. Once a custody arrangement is agreed upon, a child should not need to have a prolonged wait to be able to live with the US parent/parents. Under the current system, it is difficult to decide when to start the immigration process. Waiting until a custody agreement is final may mean an addition 6 to 12 months - or more - before a child can move. Do employee/employer relationships carry more weight than a parent/child relationship?

I think we would all like an expedited sevice. Employees have to wait for many years, at least an immediate immigrant visa is available.

Fourth – If Permanent Residence for the child is the desired option, there should be a way to have the child move to the US and complete processing here as opposed to consular processing. I can only speak directly about Canada in this case, but the same principal should apply across the board. It is difficult to arrange for a child to travel a great distance for an immigration interview, especially if the out- of- country parent isn’t willing or able to travel with the child. (In my case, my son needs to travel from Ontario to Quebec). This makes it difficult or impossible for the US parent to have the child complete the necessary procedure for moving to the US. In my case, I would need to fly to Toronto, rent a car to pick up my son, fly to Montreal, return to Toronto and then return back to the US. This would also mean expenses for food and lodging. This is difficult from a time perspective as well as an extreme financial burden when considering the cost of airline travel.

All down to your financial priorities and hardly the concern for the US. There are some people on this board who have no Consuate in country

Fifth – A Parent obtaining Permanent Resident Status should not disqualify a minor child from entering the US as a derivative. It should be realized that, while a child may not move initially with a parent to the US, the likelihood of that happening in the future should be expected. Up to the age of 16, no child should be excluded as a derivative of the emigrated parent.

They are not

They are disqualified as a derivative. The process needs to be started from scratch beginning with the I130.

Sixth – Immigration Law related to fairly straightforward family issues such as this should not be so convoluted as to require an immigration lawyer. I have investigated this option and have found them to be extremely expensive. It should not require thousands of dollars in legal fees in order to bring a child to live with their parents in the US.

Your choice, most people do it themselves. - Try getting specific answers related to things such as necessary wording on custody agreement.

[Mountain Climber 186]

No one promised that immigration was going to be easy, fair or inexpensive. It all boils down to what we will do in order to with our loved one's.