I-130 visa - Frustrated with Honduras Consulate!

[petitepoivron 0]

HI all!

I'm new around here, but I was hoping maybe someone could give me a little advice/reassurance on a few issues we're having with the Honduras Consulate.

My parents both had previous marriages and both have children from those marriages. In 2004, my dad adopted by law in Honduras, my mom's daughter and son (they're over 21). He gave them HIS last name, and soon thereafter, my parents field I-130 visas for both of my mom's kids as well as my dad's three kids. It has been a VERY long 9 years in waiting, and in August of this year we received letters that my mom's son as well as my dad's son had interviews scheduled at the Honduras Consulate in Tegucigalpa. My dad's son had his interview first,on December 5th, he brought all proper documentation, his exams, and photographs. However when he sat down with the consulate officer, the officer asked him for photographs with my dad, which he didn't have with him as they were not a needed document on the letter we received. The consulate officer temporarily suspended his visa until he could provide photographs with my dad.

Now fast forward to yesterday, my mom's son had his interview on December 11th, brought all his documentation, photographs with my mom and one with my mom, my dad, and him the day my parents were married through civil law in Honduras, as well as his exams, etc. He answered all questions correctly, and the consulate officer looked at both photographs for a very long time. She asked him if he had any photographs with my mom at a younger age, and he explained that he did not, due to economic status, my mom did not have the means to purchase a camera and have pictures taken. She looked over his documents again,and told him that he needed to have a photograph with my dad and needed to REMOVE my dad's last name, and reinstate my mom's last name in order for his visa to be issued. With that, she also temporarily suspended his visa until he could meet those requirements. She said that if he could not, the consulate would need a DNA sample proving he was my mother's son.

At this point we are absolutely stunned. When my parents filed their petitions, no one sent us a letter saying my mom's son and daughter could not have my dad's last name, or that having his last name would result in their visas not being approved. My dad adopted my mom's kids legally, he paid for a lawyer and all three of them signed the documentation. A copy of the adoption papers was sent when the petitions were filed, so we do not understand why this is an issue. It's extremely heartbreaking to wait almost 10 years for their visas, only to be told that my mom's son and daughter now have to re-do all of their personal documents, including removing my dad's last name from their children's birth certificates for their visas to be approved.

Does anyone have a suggestion who we can call or what we can do to inquire about this?

[aleful 1,905]

hi,

at what age was the adoption finished for both of them? before 16?

[aaron2020 11,651]

Who petition whom? Did each biological parent file for his/her own kids? Did either file for an adopted child?

Did anyone file for a child who was adopted after age 16?

Did the adoptions altered the birth certificates such that the adopted father is listed solely as the father? No mention of adoption on the birth certificates?

Edited December 12, 2013 by aaron2020

[petitepoivron 0]

My dad was the one who petitioned for all of them. He is a US citizen. The adoption was back in 2004, both of my mom's kids were in their mid-late twenties. The birth certificates do state that they were adopted, dated in 2004. Apparently the consulate officer told my brother (mom's son) that there is a UNITED STATES LAW that says that an adopted child CANNOT hold the stepfather's or stepmother's last name. Anyone heard about this?

Edited December 13, 2013 by petitepoivron

[aleful 1,905]

hi

immigration did everything right, your dad did everything wrong. they should have read the immigration website before doing anything.

For adoptions to be recognized they have to be finalized before the child's 16th birthday. Immigration does not recognize adult adoptions. so your dad could not have petitioned for them as their father, not even as their stepfather, since the marriage took place after her 18th birthday so I don't even know how they would accept your father's petition at all

so don't get mad at the consulate, get mad at your dad that had no clue about immigration processing. all is perfectly detailed at the immigration website

www.uscis.gov what is required to petition spouses and family members

[aleful 1,905]

now about your dad's son, they want proof of relationship when he was young that's why the IO was asking about photos

it not only that your dad is his biological father, but that during the years there has been an ongoing relationship between the 2.

for the mom's kids, they didn't live together, no school records that she was the parent? any documents that they lived together? baptismal certificates, lease agreements, letters, any proof that there was a relationship between mother and children?t

your dad never visited them since their marriage?

Edited December 13, 2013 by aleful

[petitepoivron 0]

Oh my goodness. Unfortunately my dad doesn't speak enough English to have filed those petitions on his own, and I was way too young at the time to understand all of the information being asked, he paid a notary to do all of this for him. My parents did ask when my dad filed if the adoption would be an issue, and the notary said no. The consulate officer didn't completely deny my mother's son's visa, she just requested that he changed his last name, or alternatively provided a DNA sample. My mom has plenty of photographs and school records proving that she is their mother, and that they sustained a relationship even after we migrated to the US.

My dad has definitely visited all of them, including my mom's kids frequently. Photographs just never really seemed all too important when he visited since his main reason was to see my grandparents, but yes, he holds a very strong and loving relationship with my mom's kids.

It's extremely sad to find out about the adoption now though, we've invested so much money, time, and energy into this. I just have to wonder why that wasn't caught before though while their documentation was still being processed?

[aaron2020 11,651]

USCIS, the NVC, and the US embassies handles millions of cases. Things will be overlooked in the initial reviews by USCIS and the NVC. That is why there is a final check at the US embassies.

Applicants are supposed to know what they are applying for and know if they qualify. If they don't, then that is why people hire lawyers to help them figure it out. It's not the US government's fault for any delays or results when people apply for things that they don't qualify for even if it takes years to discover the mistakes.

NEVER EVER USE A NOTARIO. A notary in the US has no legal training. Only lawyers can give legal advice in the US. A notary should not give legal advice.

An adopted parent can only file for a child adopted before age 16. Your dad screwed up. He was not qualified to petition for his children adopted when they were adults.

Consider your family lucky that the US Embassy is giving them a chance to fix things rather than straight denials.

You may want to find a qualified US immigration attorney to help.

Edited December 13, 2013 by aaron2020

[petitepoivron 0]

While I do understand that there was information posted on the immigration website, my parents as stated before, do not speak much English, and would not have been able to even use a computer to look up that information. They relied on a notary because he spoke Spanish, and several of their friends had recommended him from previous cases they had filed, which had turned out successful. It is not easy to hire a lawyer and shell out thousands of dollars to have them do all the paperwork when you don't have the means to do so. The notary provided them with an economic option, so they went with that route. The language barrier to me, seems to have been the stem of this entire situation. Had they been able to look up the information, perhaps this mess could have been avoided, Unfortunately though, mistakes happen. Their goal was simply to have our family reunited after 15 long years, to get away from the incessant violence and criminality in Honduras. Thank you for the information, hopefully things will work out.

[aaron2020 11,651]

While I do understand that there was information posted on the immigration website, my parents as stated before, do not speak much English, and would not have been able to even use a computer to look up that information. They relied on a notary because he spoke Spanish, and several of their friends had recommended him from previous cases they had filed, which had turned out successful. It is not easy to hire a lawyer and shell out thousands of dollars to have them do all the paperwork when you don't have the means to do so. The notary provided them with an economic option, so they went with that route. The language barrier to me, seems to have been the stem of this entire situation. Had they been able to look up the information, perhaps this mess could have been avoided, Unfortunately though, mistakes happen. Their goal was simply to have our family reunited after 15 long years, to get away from the incessant violence and criminality in Honduras. Thank you for the information, hopefully things will work out.

I understand that economics plays a part in people getting help from a notario versus a lawyer. But you get what you pay for. When hiring an unqualified person to give advice because he is cheap, then only the buyer suffers the consequences of the bad advice and the notario suffers no consequences.

Since the notario spoke Spanish, then how does the language barrier becomes the "stem of this entire situation?"

It seems that language was not the problem when the notario and your parents all speak Spanish. It's the notario's incompetence at giving legal advice that is the problem for this entire situation IMHO.