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Posted

Every now and again we get posts about bringing a child from another country to the US. We advise the posters to do extensive research on the process because it is one of the most strict and tedious processes of immigration. This story shows what can go wrong if the rules are not thoroughly followed.


Overall summary

 

  • US citizen couple was living in Peru. Husband is dual citizen (US and Peruvian).
  • Couple encountered the newborn while living in Peru and decided to adopt.
  • Peruvian adoption completed in 2017.
  • Couple filed proper petition to bring child to US but was delayed.
  • Inaccuracy of article: It states, “She was unable to travel to the United States because the U.S. does not grant travel visas to anyone with a current immigration application.” As we all know, this is not true. Many have been able to travel to the US during procedures. 
  • The couple did not want to wait out the rest of the 2-year live with child in their home country requirement (they had a year left to go).  
  • They brought the child over on a tourist visa and applied for residency (likely AOS) from the child’s tourist visa and was denied.
  • Couple does not understand why the plan did not work.


Further proof that Immigration is very strict when it comes to immigrating adopted children. Seems this couple was impatient and thought the rules would not apply for them. They had another 13 months to go on the 2-year requirement.


Fortunately, the couple can rectify this by continuing to proceed the proper way.

 

Link: https://kdvr.com/2018/08/09/colorado-parents-fighting-to-stop-legally-adopted-four-year-old-daughter-from-being-deported/

 

 

Quote

 

AURORA, Colo. -- An Aurora family is scrambling to figure out how to keep their 4-year-old daughter in the United States.

Angela Becerra starts pre-kindergarten on Monday. Three weeks into her new school year, though, she will be legally at risk of being deported.

Her parents, Amy and Marco Becerra, are U.S. citizens. Marco Becerra also has citizenship in Peru, where he is originally from.

Amy Becerra works for the State of Colorado and Marco Becerra works for the federal government.

The couple also own a home in Peru and decided to move there for a few years before selling it.

While they were in Peru, their daughter Angela was born on May 23, 2014.

“She was 11 days old when she was brought to the orphanage,” Amy Becerra said.

Angela was abandoned at birth. Her mother was developmentally disabled and unable to care for her.

“[Her mother] was treated like a dog. She was chained to the table and sex-trafficked. That’s the reality. No running water. No electricity. Very little food,” Amy Becerra said.

A woman from the orphanage suggested the Becerras foster the newborn.

“She literally placed this little 5-pound baby in our hands and said do you think you guys can take care of her?” Amy Becerra said.

Of course, they said yes.

“The unique thing about Angela’s adoption is it’s not an international adoption. It’s a domestic adoption in Peru,” Amy Becerra said.

Angela’s adoption was finalized in Peruvian court in April 2017. At that point, the Becerras decided it was time for their family to move back to Colorado.

“We wanted her to have the opportunities that are available here, the education that’s available here. The American dream,” Amy Becerra said.

That is when she says their dream turned into a nightmare.

In March 2017, Amy accepted a job in Colorado and moved back with the understanding that her husband and daughter would be a few weeks behind her.

However, Angela’s immigration application kept hitting roadblocks that delayed her case.

She was unable to travel to the United States because the U.S. does not grant travel visas to anyone with a current immigration application.

The Becerras had to stay in Peru for 13 months before a visa was granted. Angela came to the United States for the first time in March.

“So she has a visa. She’s here on a tourist visa that expires Aug. 31,” Amy Becerra said.

Less than a month before it expires, Angela’s immigration case has been denied.

“We’re both citizens. My husband and I have a full legal binding adoption completed and we have a birth certificate that lists no other parent,” Amy Becerra said.

“I don’t know what it takes to reopen a case. Once it’s closed, it’s closed.”

There is an appeals process, but it likely cannot be completed in the next three weeks before Angela’s tourist visa expires.

“If she expires her visa, she is officially here as an undocumented alien. And legally is at risk for deportation even though both her parents are citizens,” Amy Becerra said.

She says either they all have to permanently move back to Peru together or else risk raising Angela in the U.S. without papers.

“It’s inconceivable that a child of two citizen parents would have to live out their life as an undocumented alien in this country,” Amy Becerra said.

In the meantime, Angela has no access to health insurance or other benefits of American citizenship.

The family said it has reached out to immigration attorneys but has been unsuccessful in figuring out why Angela’s case has been denied.

A letter explaining the decision should be available within the next few weeks.

 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted
19 minutes ago, mushroomspore said:

 

The article says that the bio-mom is developmentally disabled and also forced into sex work and willingly gave up her child. No idea if that is 100% true or whatever but if it is, then bio-mom made the right decision, in my opinion.

 

I saw this story on other social media and people reacted exactly as how I expected. Many people did not realize that the adoptive parents used a tourist visa to immigrate the child (they probably didn't even read the article and simply reacted to the headline) and as we all know on this forum, that is an erroneous and fraudulent use of that visa. The other thing too is that it was a domestic adoption in Peru, not an international one. Personally I hope it works out for them but people on social media got mad at me when I pointed these legal mistakes the parents had made and said the government should just let the child in and let her become a US citizen. There's a process for that for adopted foreign children and the adoptive parents in this case didn't follow it. This case is still ongoing so we'll just see what happens.

I saw that as well and if you look I went back and edited my comment to leave the first sentence out. But they had all the time in the world to make this right so what in the hell happened?  I do hope it works out for them in the end but you can not bring her in on a tourist visa then AOS, and then get mad when it doesn't work out for you.

Posted
2 minutes ago, Cyberfx1024 said:

I saw that as well and if you look I went back and edited my comment to leave the first sentence out. But they had all the time in the world to make this right so what in the hell happened?  I do hope it works out for them in the end but you can not bring her in on a tourist visa then AOS, and then get mad when it doesn't work out for you.

Oh yeah sorry I just realized you edited it. Yeah, people (who most likely have no idea what the US legal immigration system is like and don't realize that this system actually PROTECTS them) got mad when I pointed out that the adoptive parents are subject to the same wait times and red tape as USC's who marry foreigners and then file AoS or K1 or CR1. I think the fact there is a young child involved just provokes more sympathy, which is totally understandable. But the adoptive parents are the adults here and I hope they realize they made the mistakes. It's no different (in my opinion) than some threads we get on here of people frantically asking for advice because they filed the wrong form, intentionally engaged in fraud and were discovered by USCIS or what-have-you. 

Posted

Personally I think the parents making this case public and taking it to the newspapers made it harder for them.

 

Now they're going to have to do things the proper way, the way they should have the first time.  

 

 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted

I agree that this story was reported to incite outrage and it seems to be accomplishing that by those who are less knowledgeable of the process. Like @mushroomspore, I have also seen people on social media get attacked for posting that the parents were, in fact, at fault.

 

What people don't seem to understand is that sometimes a hard line needs to be drawn. If immigration were to, "just let it go", like many are calling for, it could motivate others to attempt the same method. What happens if the next 20 adoptive parents do the same? Or the next 200? Or the next 2,000? 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted
4 minutes ago, NuestraUnion said:

I agree that this story was reported to incite outrage and it seems to be accomplishing that by those who are less knowledgeable of the process. Like @mushroomspore, I have also seen people on social media get attacked for posting that the parents were, in fact, at fault.

 

What people don't seem to understand is that sometimes a hard line needs to be drawn. If immigration were to, "just let it go", like many are calling for, it could motivate others to attempt the same method. What happens if the next 20 adoptive parents do the same? Or the next 200? Or the next 2,000? 

That's why I only respond on Reddit anymore that way it makes it harder for people to try and find out it's me. There are to many people trying to go through social media and contact friends, family, and their jobs to get them in trouble. 

Posted
40 minutes ago, NuestraUnion said:

I agree that this story was reported to incite outrage and it seems to be accomplishing that by those who are less knowledgeable of the process. Like @mushroomspore, I have also seen people on social media get attacked for posting that the parents were, in fact, at fault.

 

What people don't seem to understand is that sometimes a hard line needs to be drawn. If immigration were to, "just let it go", like many are calling for, it could motivate others to attempt the same method. What happens if the next 20 adoptive parents do the same? Or the next 200? Or the next 2,000? 

Definitely. I know a couple who adopted a kid from Asia (2 years old at the time of adoption). Both of them are native US citizens. Both are good people, together for a decade. Two years ago, they announced that they were at the end of the long process and were going to be bringing their new child stateside. They seem to be doing very well and as far as I know, the kid has nothing to worry about with his citizenship. My friends are no less and no more deserving than the couple in this case. My friends waited it out though and didn't try to rush or "cut the line" with the process and now they have nothing to worry about.

 

If this couple somehow manages to stay in the US and adjust their child's status, it will set a bad example. I think it would start to undermine the system that has long been in place and well-enforced. EVERYONE (not just adoption cases) will start demanding special treatment for every reason ranging from frivolous to serious. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Worth keeping a note of next time someone complains about not getting a tourist visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

Begs the question how did they get a tourist visa for a baby not their own?

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

Posted

You'd think that the USC husband working for the federal government would have some kind of knowledge into how the government is strict with immigration rules. :pop:

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
Filed: K-1 Visa Country: Colombia
Timeline
Posted
9 hours ago, mushroomspore said:

 

The article says that the bio-mom is developmentally disabled and also forced into sex work and willingly gave up her child. No idea if that is 100% true or whatever but if it is, then bio-mom made the right decision, in my opinion.

 

I saw this story on other social media and people reacted exactly as how I expected. Many people did not realize that the adoptive parents used a tourist visa to immigrate the child (they probably didn't even read the article and simply reacted to the headline) and as we all know on this forum, that is an erroneous and fraudulent use of that visa. The other thing too is that it was a domestic adoption in Peru, not an international one. Personally I hope it works out for them but people on social media got mad at me when I pointed these legal mistakes the parents had made and said the government should just let the child in and let her become a US citizen. There's a process for that for adopted foreign children and the adoptive parents in this case didn't follow it. This case is still ongoing so we'll just see what happens.

Blame Trump

Filed: K-1 Visa Country: Wales
Timeline
Posted
24 minutes ago, Calicolom said:

Blame Trump

Always

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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