Removal Conditions (children)

[sus 70]

The child would not have to be an orphan - The parents could be living, but have terminated their parental rights - The question to research would be how to go about getting that done - Both the mothers and the fathers - Whether it needs to be a court order or what -

But based on the criteria, if she can get the parental rights terminated I think she could adopt them and get them status - they have lived with her more than 2 years and she is the primary caregiver.

[RICARDO4EVA2 194]

The child would not have to be an orphan - The parents could be living, but have terminated their parental rights - The question to research would be how to go about getting that done - Both the mothers and the fathers - Whether it needs to be a court order or what -

But based on the criteria, if she can get the parental rights terminated I think she could adopt them and get them status - they have lived with her more than 2 years and she is the primary caregiver.

I posted Someother things...

[TRELAWNY PARISH 10]

Ricardo...once again, thanks.

sus the mothers (both) terminated rights years ago...and he's willing to do the same. I'm thinking it's best to send them back...she's still trying to decide. I just don't want this to mess them up if they do go home and try to return when they get older -- you know what I mean.

[RICARDO4EVA2 194]

I think it's best too, let me know how it goes

[sus 70]

Lawny - I completely understand your concern - But they won't be penalized by being here as long as they are under 18 - I think it would be worth looking into adopting them, and seeing if she can sort it out -

Under U.S. immigration law, a foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday. An orphan petition may be filed before the child's 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents.

The complete orphan definition can be found in the Immigration and Nationality Act (INA) at Section 101(b)(1). The specific eligibility requirements and procedures for applying for immigration benefits for an orphan are included in the Code of Federal Regulations [CFR] at 8 CFR § 204.3.