Trying to help SIL get away from Domestic Violence

[timeforeverything 3]

I'm not sure which forum to post this on.  I am a US citizen and my husband has a green card.  We are trying to figure out how to get my sister in law and her two children (they have Guatemalan and Italian Citizenship) from Guatemala to the US.  The father of her children is threatening her and the children, and there has been some domestic abuse (I'm not sure to what extent).

 

Are there any options for her to come and stay with us long term? We as a large family can pool resources so she doesn't have to work.  Her and her kids could come for 3 months on an ESTA visa to at least get a break from him and the country, but we fear that when she returns he would kill her.

 

EDIT: I forgot to mention the man has been in prison two times.

 

Any help would be greatly appreciated!

Edited November 2, 2017 by timeforeverything

[Going through 5,671]

Unfortunately LPRs cannot sponsor siblings for permanent residence---only USCs can sponsor their siblings.

 

Does your sister-in-law have any other family members  that can assist her in her own country to provide a safe space for her and the children to live if needed?

[SusieQQQ 11,586]

32 minutes ago, timeforeverything said:

I'm not sure which forum to post this on.  I am a US citizen and my husband has a green card.  We are trying to figure out how to get my sister in law and her two children (they have Guatemalan and Italian Citizenship) from Guatemala to the US.  The father of her children is threatening her and the children, and there has been some domestic abuse (I'm not sure to what extent).

 

Are there any options for her to come and stay with us long term? We as a large family can pool resources so she doesn't have to work.  Her and her kids could come for 3 months on an ESTA visa to at least get a break from him and the country, but we fear that when she returns he would kill her.

 

EDIT: I forgot to mention the man has been in prison two times.

 

Any help would be greatly appreciated!

If they have Italian citizenship, is Italy perhaps a short term solution to get them away? Do they have any family there?

[aleful 1,905]

there is nothing you can do legally here, they should leave to another country or get the cops involved in their own country

 

that's the only thing you can do, help them go to somewhere else, except here

 

 

[Boiler 45,568]

Italy seems the best bet.

[Unlockable 7,314]

No legal path for her to come to the US.

 

Best if she left for Italy or seek help from family in Guatemala.

[timeforeverything 3]

14 minutes ago, SusieQQQ said:

If they have Italian citizenship, is Italy perhaps a short term solution to get them away? Do they have any family there?

No family in Italy. My husband's family got Italian citizenship fairly recently because of some long passed relative. 

 

They do have family in Guatemala, but the man knows where everyone lives so no real safe place. The police won't be helpful.

 

i guess one option is come on an ESTA vida and secretly return to another town in Guatemala at the 3 month mark.

[NigeriaorBust 4,087]

  The path currently open is  , your husband gets his USC in about 4 years ,  then he files for a sibling and the current wait is about 15 years ,  However there in no guarantee that this path will always be available .

[Ontarkie 14,234]

I'm going to mention something as everyone else has covered immigration. She would need the fathers consent to take the kids. I highly doubt that he would be willing to give her a way to escape with them. 

Edited November 2, 2017 by Ontarkie

[geowrian 22,337]

1 minute ago, Ontarkie said:

I'm going to mention something as everyone else has covered immigration. She would need the fathers consent to take the kids. I highly doubt that he would be willing to give her away to escape with them. 

Excellent point.

[GabiMatch 161]

3 hours ago, Ontarkie said:

I'm going to mention something as everyone else has covered immigration. She would need the fathers consent to take the kids. I highly doubt that he would be willing to give her a way to escape with them. 

Depending on the country however have full custody can travel with the kids anywhere without the other parent permission if it doesn't go agains any visit right from the other part.

[Dohan 133]

Asylum based on domestic violence but she would first have to come to USA: https://www.nytimes.com/2014/08/30/us/victim-of-domestic-violence-in-guatemala-is-ruled-eligible-for-asylum-in-us.html

[Ontarkie 14,234]

31 minutes ago, GabiMatch said:

Depending on the country however have full custody can travel with the kids anywhere without the other parent permission if it doesn't go agains any visit right from the other part.

They are married both parents have full custody. 

[SusieQQQ 11,586]

There are countries where parents don't actually need docs to enter or exit with the kids. I've travelled alone with my kids to and from US, UK and a couple of others and never been asked to show permission from the other parent (though I always had it) for these, although I've also travelled to and from a couple of other countries that are very strict about it.

 

If they can 'visit' the US on an ESTA without custody being an issue it implies leaving Guatemala won't be a problem - if the OP had thought about this.

 

With Italian passports they have the whole EU open to them. They can go to Spain if language is an issue. I don't know that it's any different hiding out in a small village in Guatemala where no-one knows them. Also one has to assume that the Guatemalan authorities are no help if OP thinks they need to leave, hide out etc, I am sure the EU authorities would be more protective. I know it's not ideal, but the "ideal" option of the US is clearly not a realistic one.

Edited November 2, 2017 by SusieQQQ

[timeforeverything 3]

9 hours ago, Ontarkie said:

I'm going to mention something as everyone else has covered immigration. She would need the fathers consent to take the kids. I highly doubt that he would be willing to give her a way to escape with them. 

Very good point, but luckily in this case not an issue as his name is not on their birth certificates and they don't have his last name. So in the eyes of Guatemala law there is no father on record. A pretty common occurrence there.