foster child

[OKflyboy 35]

I understand that nobody can tell for sure, but I'm trying to figure out if I can bring my mother and her foster kid to visit me. I could of course apply for my mom's immigration, but I'm not at all sure that her foster child would get a visitor's visa in that case at all.

I am a US citizen. Everybody seems to think that my mom has zero chance of getting a visitor visa since she can stay and apply for AOS.

The question is, will the Consulate in Moscow believe that she does not intend to stay here permanently with an illegal child that is not even her relative (she can bring a bunch of papers from the child protective service as proof) or apply for AOS and stay herself and send the kid back to Russia with a note (absolutely out of the question; for that matter, he can't even fly without a guardian yet, he's 5 years old).

Any thoughts?

[Noah Lot 391]

I understand that nobody can tell for sure, but I'm trying to figure out if I can bring my mother and her foster kid to visit me. I could of course apply for my mom's immigration, but I'm not at all sure that her foster child would get a visitor's visa in that case at all.

I am a US citizen. Everybody seems to think that my mom has zero chance of getting a visitor visa since she can stay and apply for AOS.

The question is, will the Consulate in Moscow believe that she does not intend to stay here permanently with an illegal child that is not even her relative (she can bring a bunch of papers from the child protective service as proof) or apply for AOS and stay herself and send the kid back to Russia with a note (absolutely out of the question; for that matter, he can't even fly without a guardian yet, he's 5 years old).

Any thoughts?

Mom maybe, child, out of the question. The VOs will assume (quite rightly, IMHO) that there is far too much chance of this child being 'forgotten' and given over to an American family, thus avoiding the normal requirements of an international adoption. The VOs are understandably quite cautious when dealing with 'iffy' children....they will not want to read a headline someday like ..."American consul assists child smuggler!"...so they will take the entirely safe route and deny the child's application, and I don't blame them.

Now, you are likely about to say,..."oh, but my mom would never do that!"..or "I would never allow that!"...or something similar....won't matter...the VOs will not jeopardize their careers for the sake of some child missing a chance to go to Disneyland.

[OKflyboy 35]

Mom maybe, child, out of the question. The VOs will assume (quite rightly, IMHO) that there is far too much chance of this child being 'forgotten' and given over to an American family, thus avoiding the normal requirements of an international adoption. The VOs are understandably quite cautious when dealing with 'iffy' children....they will not want to read a headline someday like ..."American consul assists child smuggler!"...so they will take the entirely safe route and deny the child's application, and I don't blame them.

Now, you are likely about to say,..."oh, but my mom would never do that!"..or "I would never allow that!"...or something similar....won't matter...the VOs will not jeopardize their careers for the sake of some child missing a chance to go to Disneyland.

You have a point. The first family they would suspect would be my family. I personally do not see how that is legally possible, but the Consulate might not care.

She can adopt him, was going to do it anyway. The problem is then they will assume that she's not going to come back because she can apply for AOS and once she has a GC apply for her kid too...

[Noah Lot 391]

You have a point. The first family they would suspect would be my family. I personally do not see how that is legally possible, but the Consulate might not care.

She can adopt him, was going to do it anyway. The problem is then they will assume that she's not going to come back because she can apply for AOS and once she has a GC apply for her kid too...

there you have it...no VO in his/her right mind would turn a child loose in the US without their parent, whether natural or LEGALLY adoptive. this situation is far too questionable, and could even jeopardize your mother's visa chances, both for a tourist and for an immigrant visa. Why? suppose she applies with this child, and makes certain representations about the child that are not true. Guess what? She will be found immediately ineligible for a visa (any type) for the rest of her life for...alien smuggling! One does not have to be tried and convicted for this to happen....any foreigner who attempts to procure a visa for a child by using fraud (and for this purpose, it does not have to be much!) will be determined to be ineligible...period...no recourse...no appeal...no waiver (parents of USCs are not entitled to them)...no anything...letter writing campaigns will just produce fodder for the shredder. Best if she either (a) travels alone or (b) completes a totally legal adoption that is air tight. Something to consider.

Edited June 3, 2012 by Noah Lot

[OKflyboy 35]

there you have it...no VO in his/her right mind would turn a child loose in the US without their parent, whether natural or LEGALLY adoptive. this situation is far too questionable, and could even jeopardize your mother's visa chances, both for a tourist and for an immigrant visa. Why? suppose she applies with this child, and makes certain representations about the child that are not true. Guess what? She will be found immediately ineligible for a visa (any type) for the rest of her life for...alien smuggling! One does not have to be tried and convicted for this to happen....any foreigner who attempts to procure a visa for a child by using fraud (and for this purpose, it does not have to be much!) will be determined to be ineligible...period...no recourse...no appeal...no waiver (parents of USCs are not entitled to them)...no anything...letter writing campaigns will just produce fodder for the shredder. Best if she either (a) travels alone or (b) completes a totally legal adoption that is air tight. Something to consider.

Well, she cannot travel alone. I guess legally adopting him is a better idea. She was going to do it from the beginning. We just assumed that their chances to get visas were greater without the adoption. Looks like they're not. I admit I never considered it from the point that you did. Thanks!

[pluna505 11]

Wait ... Noah are you really saying that no VO would ever grant a visa to an adopted child?

[Noah Lot 391]

Wait ... Noah are you really saying that no VO would ever grant a visa to an adopted child?

No, what I am saying is that this child has not apparently been legally adopted as yet, and therefore is 'floating' between unknown parents...and as far as a straightforward adoption visa (immigrant visa), well, that depends on the country from which the foreign child is from, and what standards are in place for legal, above board adoptions. There is no 'one size fits all' in this category.

[jaycali 415]

Wait ... Noah are you really saying that no VO would ever grant a visa to an adopted child?

No, the point is that the child is not legally adopted.

[OKflyboy 35]

Wait ... Noah are you really saying that no VO would ever grant a visa to an adopted child?

No, only that no VO will issue a visa to a foster child traveling with a foster parent. Assuming that the foster parent might drop the child off for illegal adoption.

There's no reason why they wouldn't issue a visa to a legally adopted child (in fact they might not even know the child is adopted, not biological), other than based on the assumption that the parent will stay in the US with the child. Although IMO it would be even easier for the bio/adoptive parent to sign their rights off and leave the child behind, their country wouldn't care all that much. In this case VO should not ever give visas to any parents traveling with minor children...

I personally know a lot of foster parents who travel internationally with their foster kids with no problem, but not to the US.

Edited June 4, 2012 by OKflyboy

[Noah Lot 391]

Wait ... Noah are you really saying that no VO would ever grant a visa to an adopted child?

Once again, your 'vast' knowledge of our immigration laws and procedures reveals itself (to be utterly worthless)

[OKflyboy 35]

In case someone is interested. I talked to a lawyer. The Consulate can deny a visa (as they can anyone), and they are free to suspect anything, but they cannot prove their suspicions and they have no way of accusing someone of smuggling a child, not to mention deny visas in the future based on that suspicion. The chances of getting a tourist visa for a foster parent with a foster child are exactly the same as for anyone else.

[Noah Lot 391]

In case someone is interested. I talked to a lawyer. The Consulate can deny a visa (as they can anyone), and they are free to suspect anything, but they cannot prove their suspicions and they have no way of accusing someone of smuggling a child, not to mention deny visas in the future based on that suspicion. The chances of getting a tourist visa for a foster parent with a foster child are exactly the same as for anyone else.

A lawyer's opinion holds no sway over the VOs....they will make their own decision, whatever it is, and they do NOT have to prove anything. As far as smuggling a child, well, as I said, should the foster mother make even the slightest inaccurate statements regarding said child, that's about all they'll need to find her ineligible....no matter what some lawyer says. You don't know, and neither does some overpriced attorney know if the VOs have any way of accusing someone of smuggling a child because the interview has yet to take place. that lawyer can write letters until hell freezes over and they (the letters, and the lawyer) won't make a difference. Your mother is about to walk through a mine field...

[Harpa Timsah 13,258]

I would ignore Noah. He just comes up with crazy stories of fraud. He is accusing the OP's mother of human trafficking... seriously... ridiculous.

OP - you won't know until you try.

[Noah Lot 391]

I would ignore Noah. He just comes up with crazy stories of fraud. He is accusing the OP's mother of human trafficking... seriously... ridiculous.

OP - you won't know until you try.

really? Please underline my posting in which I make such an accusation.

really? Please underline my posting in which I make such an accusation.

I informed the OP that there may be pitfalls in how she approaches the interview, and that those pitfalls could have serious consequences...that is a far cry from accusing somebody of smuggling children. Learn to read.

[Teddy B 17,252]

In case someone is interested. I talked to a lawyer. The Consulate can deny a visa (as they can anyone), and they are free to suspect anything, but they cannot prove their suspicions and they have no way of accusing someone of smuggling a child, not to mention deny visas in the future based on that suspicion. The chances of getting a tourist visa for a foster parent with a foster child are exactly the same as for anyone else.

This lawyer is incorrect. There is no 'burden of proof" the VO's have to meet to deny anyone a visa for any reason. In the immigration world, suspiscion is all it takes for a denial.