CR2 to IR2 Potential Interruption/Bio-Parent Intervening

[CasiCassie 0]

Hey guys!

 

I'm needing facts and wisdom for our situation. Our situation started simple, but now has drama mixed in, so I apologize for that in advance.

 

I am a US citizen. My husband and 11-year-old (step)daughter "R" came on CR1/CR2 visas in November of 2016. R's biological mother signed paperwork to give my husband sole custody of her, with visiting permitted during vacations and summers. She initially hesitated in allowing R to move with us based mainly on emotional reasons, but eventually decided it would be a move for the best.

 

The transition has had its hard days, but R has done excellently at adjusting and in integrating herself. Sadly, her mother has not done well with R's absence. After 20 months, R's mother is now insisting that R will not be returning to us from her summer vacation there. We are needing to file for lifting restrictions (CR1/CR2 to IR1/IR2) for November of this year, and are unsure how this situation will pan out. This could potentially be a situation of kidnapping, but more likely that R is being convinced by her mother that things might be better for both of them if she were to stay there, unable to see the implications of such a huge decision (she is only 11...). R's mom has a poor track record of being a fit guardian, and is not prone to consider the logical pro's and con's of any situation, including this one. 

 

My questions are these:

1.) Will filing with her mother (who as far as we know only has a B1 visa and is apparently now "married" to a Puerto Rican citizen) in a US territory affect her process?

2.) If my daughter does not end up moving back with us, and does NOT complete the CR2 to IR2 process in November of 2018, she will can't continue the process later, right?

3.) Also, if she forfeits seeking residency at this point, how much will it affect any potential future applications for my daughter, even with my daughter is over 18? 

 

I couldn't find any clear answers from others who might have had to go through a similar situation. If this topic has already been touched on, can someone point me in the right direction?

 

Thanks in advance for any clarity. 

[mushroomspore 3,044]

If your husband and his daughter entered with CR1 and CR2, that means they're (conditional) permanent residents and have the 2-year green cards. Removal of conditions doesn't change their CR1/CR2 to IR1/IR2 (these are all visas, not green cards). Removal of conditions grants them the 10-year green cards and makes them UNconditional permanent residents. 

 

Your step-daughter can't file anything through her bio-mom since bio-mom's not American. You're the petitioner and the US citizen through whom your step-daughter received her permanent resident status. Therefore, you're really the only one who has any authority over her immigration process. Your step-daughter can't decide to do removal of conditions later. Removal of conditions MUST be filed 90 days before her (and your husband's) green card's expiration date. Otherwise, she automatically forfeits her permanent resident status. I personally wouldn't advise this. She came with your husband and that was definitely the easiest, cleanest route for her.

 

Since her bio-mom signed official paperwork giving your husband full custody, she's essentially powerless. This aspect of the situation is your personal business, as is how you and your husband choose to deal with it. There's not much she can do UNLESS her daughter comes back to her. You and your husband have the final decision on that though.

Edited July 29, 2018 by mushroomspore

[pushbrk 12,898]

47 minutes ago, mushroomspore said:

If your husband and his daughter entered with CR1 and CR2, that means they're (conditional) permanent residents and have the 2-year green cards. Removal of conditions doesn't change their CR1/CR2 to IR1/IR2 (these are all visas, not green cards). Removal of conditions grants them the 10-year green cards and makes them UNconditional permanent residents. 

 

Your step-daughter can't file anything through her bio-mom since bio-mom's not American. You're the petitioner and the US citizen through whom your step-daughter received her permanent resident status. Therefore, you're really the only one who has any authority over her immigration process. Your step-daughter can't decide to do removal of conditions later. Removal of conditions MUST be filed 90 days before her (and your husband's) green card's expiration date. Otherwise, she automatically forfeits her permanent resident status. I personally wouldn't advise this. She came with your husband and that was definitely the easiest, cleanest route for her.

 

Since her bio-mom signed official paperwork giving your husband full custody, she's essentially powerless. This aspect of the situation is your personal business, as is how you and your husband choose to deal with it. There's not much she can do UNLESS her daughter comes back to her. You and your husband have the final decision on that though.

 

CR1, CR2, IR1, and IR2 are both visas and immigrant status designations.  Removing conditions absolutely changes their status to IR from CR.

 

The daughter is already outside the US with the biological mother, so that becomes a matter for a family law attorney to advise about.  Depending on the age of the daughter, ROC can be filed without her signature but there is a biometrics appointment the daughter would need to attend.  If the daughter's return cannot be arranged, then a qualified immigration attorney should be consulted.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Residency Discussion.

[hf2018 19]

On 7/29/2018 at 5:24 PM, CasiCassie said:

Hey guys!

 

I'm needing facts and wisdom for our situation. Our situation started simple, but now has drama mixed in, so I apologize for that in advance.

 

I am a US citizen. My husband and 11-year-old (step)daughter "R" came on CR1/CR2 visas in November of 2016. R's biological mother signed paperwork to give my husband sole custody of her, with visiting permitted during vacations and summers. She initially hesitated in allowing R to move with us based mainly on emotional reasons, but eventually decided it would be a move for the best.

 

The transition has had its hard days, but R has done excellently at adjusting and in integrating herself. Sadly, her mother has not done well with R's absence. After 20 months, R's mother is now insisting that R will not be returning to us from her summer vacation there. We are needing to file for lifting restrictions (CR1/CR2 to IR1/IR2) for November of this year, and are unsure how this situation will pan out. This could potentially be a situation of kidnapping, but more likely that R is being convinced by her mother that things might be better for both of them if she were to stay there, unable to see the implications of such a huge decision (she is only 11...). R's mom has a poor track record of being a fit guardian, and is not prone to consider the logical pro's and con's of any situation, including this one. 

 

My questions are these:

1.) Will filing with her mother (who as far as we know only has a B1 visa and is apparently now "married" to a Puerto Rican citizen) in a US territory affect her process?

2.) If my daughter does not end up moving back with us, and does NOT complete the CR2 to IR2 process in November of 2018, she will can't continue the process later, right?

3.) Also, if she forfeits seeking residency at this point, how much will it affect any potential future applications for my daughter, even with my daughter is over 18? 

 

I couldn't find any clear answers from others who might have had to go through a similar situation. If this topic has already been touched on, can someone point me in the right direction?

 

Thanks in advance for any clarity. 

 

What sort of paperwork did you use for the sole custody? Here in the DR a lot of that paperwork is below par and informal....

 

[CasiCassie 0]

On 7/30/2018 at 9:17 PM, hf2018 said:

 

What sort of paperwork did you use for the sole custody? Here in the DR a lot of that paperwork is below par and informal....

 

We have a signed document from a judge at the Juvenile Courts for Children and Adolescents giving us sole custody, and allowing her mother rights to see her during vacations only. 

[NikLR 13,227]

On 7/29/2018 at 4:22 PM, mushroomspore said:

If your husband and his daughter entered with CR1 and CR2, that means they're (conditional) permanent residents and have the 2-year green cards. Removal of conditions doesn't change their CR1/CR2 to IR1/IR2 (these are all visas, not green cards). Removal of conditions grants them the 10-year green cards and makes them UNconditional permanent residents. 

 

Your step-daughter can't file anything through her bio-mom since bio-mom's not American. You're the petitioner and the US citizen through whom your step-daughter received her permanent resident status. Therefore, you're really the only one who has any authority over her immigration process. Your step-daughter can't decide to do removal of conditions later. Removal of conditions MUST be filed 90 days before her (and your husband's) green card's expiration date. Otherwise, she automatically forfeits her permanent resident status. I personally wouldn't advise this. She came with your husband and that was definitely the easiest, cleanest route for her.

A) actually it does change the designation.  I have completed my ROC and my original gc said CR1 and my current says IR1. 

 

B) it must be filed only 90 days within HER green card expiring.  If they entered simultaneously, which is likely, she is a dependent on her father's I-751.  She wouldn't automatically forfeit anything as only an immigration judge can remove her residency.  

 

I do completely agree that the OP needs to seek a family lawyer to insist on the father's custody rights.  

 

I cannot say at all that I blame the mother for missing her child and not wanting her child to leave.  Not getting to see your child except for holidays and summer is inexplicably hard. Likely she had no idea how hard this would be regardless of the type of parent she has shown herself to be in the past.  Regardless a lawyer is needed and is beyond the scope of DIY in my humble opinion.  

[CasiCassie 0]

My original questions weren't exactly clear. They have been mostly answered, but I feel like I'm missing some pieces. What I should have wrote was: 

 

1.) Her mother somehow thinks that she can take over R's visa process and remove conditions for R now to have her live in Puerto Rico with her. Is it true that I as the Original Petitioner I am the only one who can make these changes?

2.) Time-wise we may not have her back before November 4th. How long of a "grace window" might be alloted in this circumstance? Example: We will file now, and I believe we are given a 1-year "temporary notice" as we wait for our new 10-year green cards, so I wondered if the biometrics appointment could be done within that window? 

3.) Is R "dropping out" of this process now going to negativly affect any future visa approvals for her in the future? 

 

Thank you everyone for all of your help and insight in this! 

[NikLR 13,227]

41 minutes ago, CasiCassie said:

My original questions weren't exactly clear. They have been mostly answered, but I feel like I'm missing some pieces. What I should have wrote was: 

 

1.) Her mother somehow thinks that she can take over R's visa process and remove conditions for R now to have her live in Puerto Rico with her. Is it true that I as the Original Petitioner I am the only one who can make these changes?

2.) Time-wise we may not have her back before November 4th. How long of a "grace window" might be alloted in this circumstance? Example: We will file now, and I believe we are given a 1-year "temporary notice" as we wait for our new 10-year green cards, so I wondered if the biometrics appointment could be done within that window? 

3.) Is R "dropping out" of this process now going to negativly affect any future visa approvals for her in the future? 

 

Thank you everyone for all of your help and insight in this! 

1) the father files for the removal of conditions for the child with his ROC.  He is now the petitioner and you are the spouse.  The mother cannot take over the process.  She is not an LPR nor was she the parent who entered with the child.  Because of the way they entered, he would include the minor on his ROC. 

 

2) they are now giving out  18 month NOA1 instead of 1 year because of the length of time ROC is currently taking.  The father should still include the child on his ROC IMHO.  They will send you a biometrics which the child should complete with her father, who is the legal guardian at this time.  I am unsure if she can complete biometrics in Puerto Rico vs Oregon.  However the child will get a hand written NOA1 and it definitely does not look official.  

 

3) She isn't dropping out.  Puerto Rico is a territory of the USA and an LPR can live there.  However, that is a family court issue between the parents that I really think needs to be addressed.  IMO the child should continue to live with the two of you until she has her 10 year green card in hand.  Then you can revisit the living situation and custody arrangements.  Should her mother become an LPR, then certainly she could live there part time or full time but without legal status in the USA, the child should remain in custody of the LPR parent, again IMO.  But I think a lawyer familiar in both immigration and family law (or who has access to both within the same office) would be preferable in your case for that particular issue (aka should the mother not be a US LPR or you are concerned for the child's safety or upbringing.) 

[NikLR 13,227]

If she chooses to live with her mother in a place where an LPR cannot live, then she should willingly give up her green card to avoid any negative effects.  This way she isn't put into removal proceedings which would negatively affect future visas.  

Edited August 24, 2018 by NikLR

[CasiCassie 0]

Hey everyone...we are now working with lawyers and the Department of State on this. But I have another question:

 

My daughter's mother took her from Puerto Rico back to the Dominican Republic 3 days after her 2-year CR2 green card expired. Through her "voluntary departure" from the United States, is she still destined to go through formal Removal Proceedings? And if so, how long is the visa bar for? Like if she wanted to come to the US for vacation with mom or even for college or for medical emergency situation, does the bar extend 3, 4, 10 years? Does anyone know? 

Edited January 22, 2019 by CasiCassie

[NikLR 13,227]

11 year old doesn't have a bar.  She'd have to be 18 and overstay by at least 180 days.  

 

Did you put in for her removal of conditions with the father's?  If so then unless she surrenders her green card she's still an LPR. 

If she's going to live in the DR with her mother, it just would be best to surrender it than have the removal on her record, not that it would give her a bar or ban. 

Edited January 23, 2019 by NikLR

[aaron2020 11,651]

5 hours ago, CasiCassie said:

Hey everyone...we are now working with lawyers and the Department of State on this. But I have another question:

 

My daughter's mother took her from Puerto Rico back to the Dominican Republic 3 days after her 2-year CR2 green card expired. Through her "voluntary departure" from the United States, is she still destined to go through formal Removal Proceedings? And if so, how long is the visa bar for? Like if she wanted to come to the US for vacation with mom or even for college or for medical emergency situation, does the bar extend 3, 4, 10 years? Does anyone know? 

R would not go through removal proceedings.  She does not have a visa bar.  

 

Since she did not remove the condition on her green card, she is no longer an LPR.

 

It's unlikely she would get a tourist visa.

 

College would require her to get a green card or an F1 student visa.

 

Medical emergencies will be handled in the DR.  Foreign nationals do not get to come to the US for free treatment.

 

Mom has made her choice.  R can not benefit from a US college education or medical service as a foreign national who is not an LPR.

[aaron2020 11,651]

Try to sell this plan to mom.

 

Your husband will be eligible to apply for US citizenship towards the end of this year.  It would take about a year for him to get US citizenship.

 

You should file an I-130 for your stepdaughter when your husband applies for US citizenship.  This will take about a year.  So, your stepdaughter should get an immigrant visa around the same time your husband becomes a USC. 

Once she comes to the US to live with her USC father, she would immediately gain US citizenship.  Apply for her US passport. 

 

Then you all can deal with custody.  As a USC, your stepdaughter can live with her mom.  At anytime, your USC stepdaughter can come back to the US to attend college, deal with medical emergencies, etc.  

 

US citizenship has its privileges.