Convenio de La Haya

[nastra30 2,287]

17 hours ago, tennnis123 said:

My friend was going through a separation and waiting for a divorce in Mexico, her hometown. During this process she came to the US for vacation with her daughter, it was supposed to be a short stay but she met her now fiancé and the 3 of them live very happy, they are about to start her AOS process next month

How is she adjusting her status? Through marriage? If so, how? I think divorce will have to be finalized before obtaining immigration benefits through another marriage to a US citizen.

Edited May 15, 2019 by nastra30

[geowrian 22,337]

Yes, they can take the child back to Mexico through the legal system. Whether it's appropriate or not to do so is an issue the court will determine.

Best thing is to try to work out the issue in  a civil manner given that she did not have authorization to take the child out of the country to begin with.

 

While the claim is the father can't provide for her and wasn't involved in her life, it's unusual to see somebody in that situation to go to the extent of filing to get the child back if they don't want to be involved in their life. It's a lot of effort (with likely a decent cost involved) to take it to that level to compel return.

[Going through 5,671]

Since she met this man while on vacation and now engaged, with daughter enrolled in a US school, I assume some time has passed since she left Mexico.   

 

Depending on how long she's overstayed she may trigger a bar from entering the US after returning to Mexico (whether leaving on her own to sort out any kidnapping charges, or she ends up getting deported since she's already under DHS's radar now).

Edited May 15, 2019 by Going through

[Unlockable 7,314]

4 hours ago, geowrian said:

While the claim is the father can't provide for her and wasn't involved in her life, it's unusual to see somebody in that situation to go to the extent of filing to get the child back if they don't want to be involved in their life. It's a lot of effort (with likely a decent cost involved) to take it to that level to compel return.

Same thing I was thinking. That is a big step to take for someone who is perceived to not to want to be involved. Even if it is out of spite, it is still legal and his right to file for the motion.

[Going through 5,671]

Along with the above comments regarding what the father is proactively doing to get his child back....

 

I'm also curious...if she had no job in Mexico, and her husband wasn't ever providing for her or their child at all (as she claimed to you)----how was her US "vacation" funded, then?  Presumably she came on a B visa?

 

What I'm saying, is that you may not be getting the full story here----perhaps encourage her to join VJ for advice based on info she gives "straight from the horse's mouth", as they say.

[SusieQQQ 11,586]

Not to mention the problems a pending kidnapping charge (if one is there) may pose for AOS/remaining in the US anyway. I’m pretty sure it’s a CIMT?

[Villanelle 4,122]

On 5/14/2019 at 8:11 AM, tennnis123 said:

Hi guys I hope to find some abswers about this topic here. My friend was going through a separation and waiting for a divorce in Mexico, her hometown. During this process she came to the US for vacation with her daughter, it was supposed to be a short stay but she met her now fiancé and the 3 of them live very happy, they are about to start her AOS process next month. This week she received a letter from Homeland Security that her ex husband and father of her daughter had applied for a Convenio de La Haya which I think it is an appeal to take the kid back to Mexico. My friend decided to stay in the US because her daughter is a US Citizen and she is now enrolled in a school a loves it and she is also going to fix her own status soon since her fiancé is a UScitizen. My friend didn’t have a job in Mexico and her ex husband didn’t provide for her or for their daughter that’s why she also decided to stay, since she already has a job here. My question is, can they really take her daughter back to Mexico even if he cannot provide for her? Has anybody experienced the same situation? 

How is the child a USC? It seems the mother has no US status and the father is a Mexican citizen... Regardless it seems he filed paperwork in Mexico claiming the child was 'removed'/kidnapped and transported to the US- where she is now. Ultimately the convenio del la haya generally dictates the child should go back to Mexico and have the custody matter handled there. However since the child is a USC and possibly a Mexican citizen as well its not so straight forward. The main thing to remember is US family courts DO NOT CARE about someones immigration status. So if you friend is pending AOS, a citizen, an LPR or even illegal it does NOT matter at all. Family courts in the US (during custody matters) are most interested in jurisdiction. Depending on how long the daughter and mother have actually been residing in the US - she can make a claim they now have US residency and the custody matter should be handled in a US court. I do not advise her to go back to Mexico unless she absolutely has to for court there. Most court matters can be handled with out you there and an atty on your behalf. She should fight for the US court to have jurisdiction as its unlikely the Mexican court (if they are ordered to use it) will rule she can live in the US with the mother. Your friend should seek out the assistance of a family court attny that specializes in international matters as soon as possible. Considering the child has been in the US for a significant amount of time and is also a USC AND the father abandoned them in Mexico I believe she has a strong chance of getting the US court to be the one with jurisdiction of the custody matter. 

[Boiler 45,559]

The US has Birthright Citizenship quite common to pop over to give birth in the US so the child has US Citizenship.

 

There was a vaguely similar case in the the UK, Mother took Child back to the UK, ended up being extradited, did not end well, this is not a minor matter. As you can imagine the UK media were supportive of the mother, did not matter a jot.