Canadian stepchild- Can I bring him in as visitor

[bluepotassium 0]

My stepson is 3 years old & Canadian citizen, but his mother has taken him to Mexico (where he is illegal). We are in the process of submitting I-130 for him, and based on the verbal agreement he will come to visit us in the USA in July, 2013. We will also be asking for a change in custody in USA court based on many negative aspects of his environemtn (mom is alcoholic, uses extacy and prefers to party than take care of her child, he is in daycare from 8am to 6pm monday to friday, and weekends he spends with my mother-in-law.... anyway)

When he comes in to the USA he will have 6-months to be in the country, since he is Canadian? Can we ask for adjustment of status after that point? or how could we work on his paperwork for it to be okay for him to remain with us until his immigration ??

Interview will be in Canadian USA COnsulate or in Mexico???

Any swuggestions or recommendations will be highly appreciated, thanks.

[Ontarkie 14,499]

My first question is how is he in Mexico, you say he is in daycare or with his Grandmother is that in Mexico? If he has family in Mexico he could be there legally(I don't know how it works in Mexico).

Canada does not take away custody from a parent easily(You will be filling there, not in a US court). Being in daycare or with the Grandmother are not grounds to change custody they will argue that it is exactly what you will be doing when he's in your custody as ppl work. Drinking and partying are even not going to cut it since he is safe with his Grandmother. It can help your case but are not grounds on their own you would need hard core proof.

If you do not return him when you agreed to, you could be charged for parental kidnapping.

If they are illegal in Mexico the interview will be in Canada.

Try to get the mother to give his father custody. What is the court order/custody agreement now?

You must fight it in the Canadian court where the Original custody order was established. The Hague Convention will prevent an American Court from modifying the Canadian court order(that and a US court will honor what is already established as changes will not hold up). Also petition the Courts to take the child out of Canada, a change of custody will not automatically mean he can move his son to the USA, Montreal is very tough with parental consent or a court order stating very clearly that the child is allowed to move permanently to the USA. As a change in custody does not mean she will no longer have her parental rights. Sole Custody in Canada is not exactly the same as in the US, think of it more like 50/50 with one Parent being the primary residence. You will also have to honor the visitation set up by the courts at that time.

It really is not an easy process please contact a attorney back in Canada who knows how to handle custody battles with International laws.

Edited April 2, 2013 by Ontarkie