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chacheeme

Adoption Visa Denied-Pakistan

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Hi, my name is Melissa and I need advice.

My husband (HR) is from Pakistan. One of his brothers (AR) passed away in 2004. He had two sons. The youngest is now 16 years old.

A separate brother (KR, a practicing doctor that is married) who immigrated to the USA in 1995 and became a US citizen completed an adoption of this son in Pakistan.

The US Embassy in Islamabad after three interviews denied an adoption visa. The interviewer asked my nephew why he applied for an adoption visa and he answered that he hoped to study in the US and that his uncle had adopted him and wanted to send him to school here (he is a very good student). The interviewer asked him why he doesn't apply for a student visa and he answered because his uncle wanted to adopt him. The interviewer told him he could not give him an adoption visa.

My family does not know what, if anything, they can do at this point. They sent an email to the embassy requesting all of his personal documents and an explanation for the decision but have not gotten any reply in two weeks.

I would appreciate suggestions especially if you have had a similar situation.

Thank you

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yes and she went to the interviews with him. She told them she wanted the adoption and wanted him to go to the US with his uncle.

Mother living is the big issue. Also, the adoption is for immigration purposes, not to unite/create a family.


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You have laid the trail of immigrant intent, it will be hard to apply for a non immigrant visa and convince a CO that he doesn't plan to overstay. It may not be impossible but improbable. How much is a good school there ?


This will not be over quickly. You will not enjoy this.

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Kid typically has to be an orphan.

He can apply for a student visa but unlikely to get it since he obviously wishes to immigrate.

Perhaps DV in the future.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
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11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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alas, the interview went the way it did because of the boy's answers.

No one train him prior, this cannot be fixed after the fact.

Sorry.


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alas, the interview went the way it did because of the boy's answers.

No one train him prior, this cannot be fixed after the fact.

Sorry.

Lack of preparation killed all chances for a good outcome. Practice, practice, practice!!!!!!


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alas, the interview went the way it did because of the boy's answers.

No one train him prior, this cannot be fixed after the fact.

Sorry.

The first thing that came to my mind when I read this thread was "was there a lawyer involved?" This would be a case where you should have the best legal advice, given one of the parents is still alive.

Really sad, the kid shoot himself in the foot.


Don't ever do anything you're not willing to explain the paramedics.

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Besides all the advise you have received there are a couple of things you should check......

if the child is over the age of 14 adoption is not possible in most instances...there is something in the law i cant remember where i found it but it states that can be over ridden if the adoptive parents had lived and supported the child for two years previous to the age of i think 14

also a child that is adopted from over seas has to have been abandoned from what i remember and the very fact that his mother attended the interview with the child leaves that out......

you should consult an attorney most of us here on vj are not attorneys and only have what we read on this site or the net or life experiences to draw from on this topic

just my opinion

sara

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why is his Mother unable to care for him?

I will assume that the adoption was legal in Pakistan, the issue is whether it gives him any US Immigration benefits.

On the plus side I am sure it will be a lot cheaper for his adopted parents to pay for his schooling in Pakistan rather than the US.

Whether a Student Visa is a possibility or not is another issue, you can only try and see. I presume as a Doctor he has the necessary deep pockets.


“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.”

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why is his Mother unable to care for him?

I will assume that the adoption was legal in Pakistan, the issue is whether it gives him any US Immigration benefits.

On the plus side I am sure it will be a lot cheaper for his adopted parents to pay for his schooling in Pakistan rather than the US.

Whether a Student Visa is a possibility or not is another issue, you can only try and see. I presume as a Doctor he has the necessary deep pockets.

One cannot just decide to adopt a relative on the spot and have everything go smoothly...especially when a parent is still alive and the child in question is 16...without this child having lived with at least one future adoptive parent for TWO YEARS, there is zero chance of a legal adoption.

As for a student visa, well, that has now become highly doubtful given the entire story revealed to the embassy..

also, no matter how often you write them requesting specific details about a visa denial, you are NOT entitled to that information, as per INA 222(f), which precludes the VOs from releasing any details about a visa denial (or issuance) to anyone save law enforcement. And no, just being an American citizen does NOT override INA 222(f).

Edited by Noah Lot

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There seemed to be no issue with the adoption.


“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.”

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