Expedited Visa for children when parent can't take care of them? Adoption?

[The IT Guy 0]

Sorry in advance for the long post.  

 

tl;dr version:  Wife's sister is going to lose custody of her children due, in part, to her drug problems.  We'd like to adopt the children and bring them into the USA ASAP as there really isn't anyone who can take care of them in Costa Rica.  What's the best and quickest process?

 

Full version:

My wife is a current Green Card holder (for about 7 years) who lived in Costa Rica before coming to the US.  I'm a US Citizen.   Her sister is a single mom (no father support/contact for any of the kids) with 3 children (all live in Costa Rica) and, sadly, a pretty serious drug problem.   Her children have been taken by the government multiple times over the last couple of years for various child service issues and she's always managed to get them back.  We've (including other family members that live down there) done what we can to help her get back on her feet and try and get her clean for the sake of the children and herself...but we haven't had much luck.

 

A couple weeks ago one of the family members went to check in on her and the kids and found the children (ages 2, 7, 9) left alone and likely had been for a couple days.  No food in the house.  No adult supervision at all.  The 9 year old told the family member that she goes out in the evening and comes back in a day or so.  Obviously this is unacceptable.  So we told the sister that she can't do this and she agreed it was just a mistake and a one time thing (we know it wasn't).  A couple days later, a neighbor found that the kids were left at home by themselves again overnight and called family services for them.  The kids were taken by family services and another family member was given temporary guardianship of them.

 

This appears to be the last strike with her and the children according to family services and they will push to have the children removed permanently and put up for adoption as she is no longer seen as being fit to have the children.  She has no job, no stable living situation, isn't able to provide much of anything for the children and has a drug problem.  No child should need to go through their lives dealing with all the stuff they've needed to deal with.

 

Obviously I'm familiar with the normal visa process we went through before to get my fiance (and now wife) over into the US.  So I'm trying to figure out the best course of action to bring the kids over here so we can care of them.  The social worker for their case said if they are removed from the mom and put up for adoption...we have the same rights as any other couple looking to adopt them and would need to petition for them using whatever adoption services that are out there.  However, if the mom turns over full rights of the children to my wife (and me)...we become the full guardians (I guess the adoptive parents?).  Supposedly there is some visa path for children at risk or something to get them into the country quicker?   My wife and I both have full time jobs here...so we can't really uproot our lives to move down there while whatever visa process is taking place.  We really are the only family with the means to support the children and give them a loving home.

 

I'm not an expert in costarican family services or immigration law, so I can't necessarily say the social worker is wrong...but I find it hard to believe this is just an easy process.  I've told my wife we should get a family lawyer down there to help guide us through whatever hurdles we are going to face.  We thought we would need to fight the sister for custody as up to this point she's been in complete denial about her situation, but it appears today she's will to give up custody as she realizes her situation is pretty dire and she's at risk of the children being split up and adopted by people who aren't family.

 

I'm open to hearing what the knowledgeable members of VisaJourney have to say so we can do what's best for the children.  Is there an expedited path?  Anyone with experience in this?  Thanks in advance!

[Crazy Cat 42,717]

There are other family members in CR......Why can't they adopt the kids and let them remain in their own country?  Your proposed solution would prevent the biological Mother from seeing her children for a very, very, very  long time.

Edited July 27, 2017 by missileman

[NigeriaorBust 4,087]

 Guardianship will not work for immigration purposes and there is no quick path even if you can adopt them.  It sounds like they need something right away. Maybe the children should go to another family member now and you see what is needed for adoption ( it is typically a 2 or more year process ) 

[The IT Guy 0]

There really is only one other family member there and she's 21 years old and can't afford to take care of 3 children on her current salary while trying to finish school.  Ultimately, she doesn't want to adopt them.  That's really the only family down there.

[DrEllaNJ 288]

I wonder if it would help if your wife became a USC, too (if CR allows dual citizenship).

 

Anyway, I'm not sure this is a DIY affair - I'd consult an adoption/immigration lawyer in both countries

[f f 725]

I am sorry for the situation you are in.

 

unfortunately immigration laws were designed to prevent you from simply adopting family members to bring them to the us quicker. there are some very specific circumstances where you can adopt them and it usually involves the deaths of thier parents or other such in incompacities. 

 

in my opinion your best options are to financially support a family member down there and get a good immigration lawyer to sort how best to bring them to the us. keeping in mind that you might not be able to bring them here.

Edited July 27, 2017 by f f

[Unlockable 7,316]

This is going to be tough to hear but your options are very limited.

 

Even for adoption it is a long a tedious process for immigration. For example, they may require the adopting person to live in the same country with the child(ren) for up to two years. For you to be able to petition the child(ren) the adoption process must be completed before they turn 16. After that, there is no way for them to gain immigration benefits through you even if they were adopted.

 

These cases are always tough and we've seen some heartbreaking stories on here regarding innocent children. 

 

Quite honestly, the fastest way to help them is financially. If the 21 year sister is willing to care for them you could assist by sending her money for them. At least you will know they are being taken care of.

 

ETA: You can use the advance search on here and type in "adoption" and you can read some of the cases.

Edited July 27, 2017 by NuestraUnion

[geowrian 22,338]

Unfortunately, it's not as simple as just adopting the children (not that adoption is ever a simple process in itself). Adoption to qualify for an immigration benefit is much more strict than legal adoptions. Just gaining full custody would not provide any path for immigration benefits, too. This is really put into place to avoid visa abuse and child trafficking.

 

The way to bring them would be via adoption, but like the social worker noted, they would need to go through the proper channels (removal of all custody from the birth parents, put them up for adoption, petition for them like anybody else could, etc.). This is not a quick process. As others stated, but best thing for them right now may to be put into the custody of another family member then help them out however you are able for the sake of the children.

Edited July 27, 2017 by geowrian