asylum for kids

[millefleur 5,047]

20 minutes ago, JOJOJO22 said:

I don't think a war in Romania is 100% out of question and it doesn't have to be nuclear just because NATO would fight Russia..T

The point is even if Romania wasn't a NATO country and Russia invaded, the US's response about refugees would be no different from that of Ukraine. So see the advice above that has been given, there's really nothing else the US would do. You should look into B visa points as it makes the most sense, the child has no other pathway to a US visa right now. In wartime, maybe humanitarian parole. But the questions of child custody/how the child can leave the country come down to local laws, it's not an immigration issue.

Edited March 9, 2022 by millefleur

[JOJOJO22 2]

39 minutes ago, millefleur said:

The point is even if Romania wasn't a NATO country and Russia invaded, the US's response about refugees would be no different from that of Ukraine. So see the advice above that has been given, there's really nothing else the US would do. You should look into B visa points as it makes the most sense, the child has no other pathway to a US visa right now. In wartime, maybe humanitarian parole. But the questions of child custody/how the child can leave the country come down to local laws, it's not an immigration issue.

If Romania wasn't a NATO country, laws would be the same as in Ukraine-that makes sense. Romania being NATO, then MAYBE? the rules would be different. I wonder if USCIS would know what would be in place in that case. I guess nobody knows since no NATO country had war before on their territory.

Does anybody have any idea for the costs of lawyers to get help with custody? Is that the same as adoption? 

 

[Boiler 45,661]

You would think Romanian legal fees would be reasonable, easiest way to find out would be to contact a few lawyers.

[JOJOJO22 2]

Just now, Boiler said:

You would think Romanian legal fees would be reasonable, easiest way to find out would be to contact a few lawyers.

I will tell my brother to ask. 

[JOJOJO22 2]

6 minutes ago, Boiler said:

You would think Romanian legal fees would be reasonable, easiest way to find out would be to contact a few lawyers.

on USA embassy in Romania it says "due to covid" the dot take travel visa applications...

[millefleur 5,047]

37 minutes ago, JOJOJO22 said:

on USA embassy in Romania it says "due to covid" the dot take travel visa applications...

If that's the case, you'll just have to wait it out. In the meantime, you can look into contacting some lawyers and try to figure out the other problem.

[Timona 4,207]

Apparently,  there are a lot of Ukrainians who fled to Kenya. So, if escaping war is the concern, look for the quickest exit. I know he's Romanian. But I know most people would want to choose and refuse help if they're not being taken to USA. Basically, go to the easiest safe country. Don't demand USA. 

[millefleur 5,047]

17 minutes ago, Timona said:

Apparently,  there are a lot of Ukrainians who fled to Kenya. So, if escaping war is the concern, look for the quickest exit. I know he's Romanian. But I know most people would want to choose and refuse help if they're not being taken to USA. Basically, go to the easiest safe country. Don't demand USA. 

I think in the case of OP, if we're talking about a minor child and that child has family in the US who can take custody, then coming to the US is logical. I assume humanitarian parole would be approved in case of a war/major life-or-death emergency. But no one knows for sure because OP's question is entire hypothetical and based on a "what if" scenario.

[Pinkrlion 2,724]

If both parents are in the military, then there are provisions for this situation.  You need to talk to your brother and not assume that custody of child has not already been arranged in the event something happens to them.  

[JeanneAdil 6,554]

but a B visa is just a tourist visa and the person has to return home 

and the child has living parents so adoption is out 

 

[millefleur 5,047]

8 minutes ago, JeanneAdil said:

but a B visa is just a tourist visa and the person has to return home 

and the child has living parents so adoption is out

The OP is asking about such a hypothetical doomsday scenario, it's hard for anyone to say what the US's policy would even be around this. If it's anything like the Ukraine situation now, the only thing that makes sense is probably humanitarian parole (where a US-based petitioner sponsors you to the US in case of life-or-death emergency) but in terms of getting a minor child out of the country, I have no idea. It would go down to local laws and depend on the policies there.

 

B visa could be obtained beforehand but you are correct, it would only be for a temporary stay in the US. It would at least be a "way out" to temporary safety, that is all. Again, the whole scenario the OP is asking about is so hypothetical, it's difficult to advise or say if rules would change.

[SalishSea 17,928]

9 hours ago, JOJOJO22 said:

Are they? Right now Ukrainains are not getting asylum in USA-from what I hear. I know they are not a NATO country. 

My nephew has nobody to care for him since his parents are both military and cannot leave Romania in times of war. 

Is there some kind of paperwork my brother can do at a notary in order for him to be in my legal care in case something happens to his parents or if they cannot see each other for how long the war lasts. 

 

I know we are not there but better safe than sorry, Thanks

Why can't the grandma who would travel with him take care of him?

 

Your idea is far-fetched.

 

If Russia invades a NATO country, the US will be focused on things other than refugees for awhile.

[SalishSea 17,928]

9 hours ago, JOJOJO22 said:

Fleeing here in USA from Ukraine doesn't seem possible without a visa right now...am I wrong?

Correct.  Which is why is is much more practical for Ukrainians to flee to bordering countries which are not requiring visas at the moment.  And that is what people in Romania would do in the unlikely event of a Russian invasion.

[SalishSea 17,928]

6 hours ago, JOJOJO22 said:

Does anybody have any idea for the costs of lawyers to get help with custody? Is that the same as adoption? 

That would be a question for your family in Romania, since any custody arrangement would not go through the US courts.

[JOJOJO22 2]

7 hours ago, Jorgedig said:

Why can't the grandma who would travel with him take care of him?

 

Your idea is far-fetched.

 

If Russia invades a NATO country, the US will be focused on things other than refugees for awhile.

Grandma's old. Grandma cannot speak any languages but Romanian. Grandma cannot find a job. My brother and his wife are colonels in the Romanian military branches. They could die in a war or could not be able to see their son for years. Also their son would have nothing to go back to in Romania for years.  I am thinking long term. They could flee to neighboring countries temporary, but he is a minor and we are his only family left after grandma. It may be far-fetched.  Just like invading Ukraine was far-fetched to many. Like I said, I hope the war will NOT extend to NATO countries...I put the worse first because I like to be prepared and take care of my family in that possible(maybe not likely to some) situation. Thanks for offering suggestions. We'll explore all of them.