foster child

[JohnR! 5,495]

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.

The case however can be made that if your mother can't put this child for adoption legally or otherwise, because she is only the foster parent and not the guardian. Else, as you say, there would be no foreign kids in our country.

IMHO it is worth a shot. You'll never know unless you try. Good luck! I hope they are successful!

[OKflyboy 35]

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.

Read it again.

The lawyer says the VO can deny a visa anytime to anyone and the VO does not have to prove anything to deny a visa. But the VO cannot accuse the applicant of human trafficking or persecute them or automatically render getting any other visa in the future impossible based on such suspicion.

A lot of foster parents travel with children internationally with no problem.

It is legally impossible to drop a child here for adoption. As long as the child is not a US citizen or at least a LPR, they do not fall under the jurisdiction of any US court and no court would finalize such adoption. It's much easier for a biological parent to do, for that matter.

Any parent traveling with a minor child should be denied a visa based on suspicion of child trafficking. They aren't, at least not any more often than anybody else.

Anyway, we made a decision. Thanks everyone:)

[OKflyboy 35]

The case however can be made that if your mother can't put this child for adoption legally or otherwise, because she is only the foster parent and not the guardian. Else, as you say, there would be no foreign kids in our country.

IMHO it is worth a shot. You'll never know unless you try. Good luck! I hope they are successful!

Exactly!

Besides, no court will finalize such adoption here. As I said in my previous comment, the child has to be a citizen or at least a LPR to be adopted in an American court. I know that from experience (my husband wanted to adopt my children before they got their GCs). I was there, I'm the parent, and they said no (not in court, in the process of submitting paperwork, so we just decided to wait).

Thanks!

[Noah Lot 387]

Read it again.

The lawyer says the VO can deny a visa anytime to anyone and the VO does not have to prove anything to deny a visa. But the VO cannot accuse the applicant of human trafficking or persecute them or automatically render getting any other visa in the future impossible based on such suspicion.

A lot of foster parents travel with children internationally with no problem.

It is legally impossible to drop a child here for adoption. As long as the child is not a US citizen or at least a LPR, they do not fall under the jurisdiction of any US court and no court would finalize such adoption. It's much easier for a biological parent to do, for that matter.

Any parent traveling with a minor child should be denied a visa based on suspicion of child trafficking. They aren't, at least not any more often than anybody else.

Anyway, we made a decision. Thanks everyone:)

While it may be technically illegal to drop a child here, it happens constantly....people forge paperwork ...kids live under the radar...it is not an unknown occurrence. Adults traveling with children who are not theirs legally often face more scrutiny...which I agree with. Might there be honest cases? Sure. Might there also be shady cases? Absolutely. Human beings have not evolved much over the past several thousand years...as a species we still lie, cheat and steal, same as our ancestors. We're just more efficient!

Edited June 4, 2012 by Noah Lot

[Teddy B 17,251]

Read it again.

The lawyer says the VO can deny a visa anytime to anyone and the VO does not have to prove anything to deny a visa. But the VO cannot accuse the applicant of human trafficking or persecute them or automatically render getting any other visa in the future impossible based on such suspicion.

A lot of foster parents travel with children internationally with no problem.

It is legally impossible to drop a child here for adoption. As long as the child is not a US citizen or at least a LPR, they do not fall under the jurisdiction of any US court and no court would finalize such adoption. It's much easier for a biological parent to do, for that matter.

Any parent traveling with a minor child should be denied a visa based on suspicion of child trafficking. They aren't, at least not any more often than anybody else.

Anyway, we made a decision. Thanks everyone:)

Once the applicant is denied a visa, that denial will follow them forever and so will the reason for that denial. The burden of proof will be on the applicant to show that the circumstances have changed and the reason for said suspiscion is no longer warranted. If the applicant does not supply suuficient evidence to prove his/her case, then they can and will be denied based on that initial suspiscion and denial. It's no different than being denied for potential overstay, if you don't prove to the VO that your circumstances have changed, then you will be denied every time until you do something to change your situation.

[Boiler 43,600]

Question No ! is does the child have a Passport, can a Russian Foster parent take a foster child outside Russia?

Probably yes I would think.

I do not know if they can get a visa, I know they will not if they do not apply.

I am pretty sure I know of UK Foster Parents taking foster children to Disney etc.

[OKflyboy 35]

Question No ! is does the child have a Passport, can a Russian Foster parent take a foster child outside Russia?

yes and yes

[OKflyboy 35]

Once the applicant is denied a visa, that denial will follow them forever and so will the reason for that denial. The burden of proof will be on the applicant to show that the circumstances have changed and the reason for said suspiscion is no longer warranted. If the applicant does not supply suuficient evidence to prove his/her case, then they can and will be denied based on that initial suspiscion and denial. It's no different than being denied for potential overstay, if you don't prove to the VO that your circumstances have changed, then you will be denied every time until you do something to change your situation.

I could not agree more.

Who said the situation would not or could not be changed in case of a denial?

[Teddy B 17,251]

I could not agree more.

Who said the situation would not or could not be changed in case of a denial?

That's not the point I'm trying to make. You said the folowing, or your lawyer did, and it's not true.

But the VO cannot accuse the applicant of human trafficking or persecute them or automatically render getting any other visa in the future impossible based on such suspicion.

The VO can most definitely deny the applicant a visa in the future based on the initial suspicion. It's up to the applicant to remove the suspicion.

[JohnR! 5,495]

1338847207[/url]' post='5417786']

I could not agree more.

Who said the situation would not or could not be changed in case of a denial?

Bingo! Circumstances change. A denial doesn't mean you're marked for life with the scarlet letter of inadmissiblility.

[Noah Lot 387]

Bingo! Circumstances change. A denial doesn't mean you're marked for life with the scarlet letter of inadmissiblility.

that depends under what law one was denied...if, for example, one is denied for having used fraud (6Ci), the applicant is permanently ineligible; same for alien smuggling (6E) and a few others.

A denial under 214b is not a permanent refusal; it cannot be waived, but can be overcome.

[Nina~ 431]

There is a member here called Baron555 who went through a similar (not exact) situation with his Russian wife. You can PM him for advice.

ETA: I believe he petitioned for a K1 for his wife and not a tourist visa.

Edited June 5, 2012 by Nina~

[OKflyboy 35]

There is a member here called Baron555 who went through a similar (not exact) situation with his Russian wife. You can PM him for advice.

ETA: I believe he petitioned for a K1 for his wife and not a tourist visa.

K1 is different. Although if she's his wife that must have been K3. At any rate, it's completely different. And I doubt it she had a foster kid, he would not have been able to apply for that child at all. I came on K3 and had no problem whatsoever with legally adopted children. The consulate wouldn't have even known they were adopted if I hadn't mentioned it myself. No questions asked except for the 2 year legal custody period.

[Nina~ 431]

My apologies. I missed the "mother" part and thought you were asking about your fiance.