Citizens file for grandsons under 16 who lost their father

[SusieQQQ 11,584]

3 hours ago, _norbert said:

My mom filed an I-130 for my brother in 2012 (U.S. citizen filing for a married son or daughter over 21). The case is still pending at USCIS but since my brother has pass away, that case is not valid anymore because he was the main beneficiary.  

There’s no direct claim to citizenship that way anyway, clearly they weren’t citizens before your brother was born so no way to claim for the kids that route. 

[Pinkrlion 2,607]

6 hours ago, _norbert said:

@geowrian Thanks but the Orphan process clearly says:

 

 

 

You are thinking about this statement in US standards of care.  They look at if she is capable of providing care by the home country's standards.  

[milimelo 4,196]

If the father was a USC why wasn’t CRBA done? 

[SusieQQQ 11,584]

49 minutes ago, milimelo said:

If the father was a USC why wasn’t CRBA done? 

Father wasn’t a USC. His parents were filing F3 family visa for him when he passed away.

[JFH 12,189]

17 hours ago, _norbert said:

 

• My nephews are currently living with their mother but she is incapable of taking care of them. Technically my parents have been paying for their grandsons since two years ago.

 

We want to bring them over since it's lot easier to take care of them here than remotely abroad. Kindly help me understand what kind of application I need to read about and file. Let me know if you need more info.

 

Thanks a lot.

 

There is a lot more to raising a child than money. Sending money is not raising a child or taking care of them. It’s sending money. When USCIS refers to people being “unable to care for their children” they are referring to people who are incarcerated, terminally ill or suffering such severe mental illness that they cannot function. Many people are poor throughout the world. That doesn’t mean their children would be better off with other people. Children don’t understand money, cost of living, etc. And taking a child away from the mother, no matter how well intentioned your actions are, almost always leads to some emotional damage. 

 

Edited December 16, 2018 by JFH

[Boiler 43,433]

Perhaps they could fund their education

[_norbert 0]

Their grandfather is citizen not their father. 

[SusieQQQ 11,584]

Is the country the children are in the same country the grandparents are from? As the children cannot come to the US, it may be an option for the grandparents to move back to live near or with them and help take care of them until they can leave home.

 

a “Hail Mary” idea (if both children are at least high school age) could be to get them F1 student visas to study in the US but this would not only require proof of non-immigrant intent, but essentially would require family ability to pay for private school for both boys (max one year public high school, at full unsubsidized cost, is allowed on F1). This wouldn’t solve any long term issues but would allow them to be cared for at least through high school and possibly college, but only works if the children are of high school age and the family has the resources, and presumption of immigrant intent can be overcome. 

[_norbert 0]

6 hours ago, JFH said:

There is a lot more to raising a child than money. Sending money is not raising a child or taking care of them. It’s sending money. When USCIS refers to people being “unable to care for their children” they are referring to people who are incarcerated, terminally ill or suffering such severe mental illness that they cannot function. Many people are poor throughout the world. That doesn’t mean their children would be better off with other people. Children don’t understand money, cost of living, etc. And taking a child away from the mother, no matter how well intentioned your actions are, almost always leads to some emotional damage. 

 

It's not just the money. The house they live in is my parents'. The school they go is paid by their grandparents. Their mother is just like a nanny and has already given the custody to their grandfather because she doesn't want the kids anymore (for whatever reason I don't know).

Edited December 16, 2018 by _norbert

[JFH 12,189]

9 minutes ago, _norbert said:

It's not just the money. The house they live in is my parents'. The school they go is paid by their grandparents. Their mother is just like a nanny and has already given the custody to their grandfather because she doesn't want the kids anymore (for whatever reason I don't know).

So who is cooking their meals, putting them to bed each night, helping them with homework, comforting them when they are sick, teaching them right from wrong? You say the mother is just “like a nanny” which suggests she is the primary caregiver. The things you have mentioned (house, private education) are exactly what I mean by “there’s more to raising a child than sending money”. They can continue to provide the house (surely they don’t need that house anyway if they live in the US) and pay for the education. That’s not raising a child or caring for a child. It’s financial support, that’s all. 

[aaron2020 11,651]

16 minutes ago, _norbert said:

It's not just the money. The house they live in is my parents'. The school they go is paid by their grandparents. Their mother is just like a nanny and has already given the custody to their grandfather because she doesn't want the kids anymore (for whatever reason I don't know).

Mother is like a nanny.  So she is taking care of them.  She is capable of taking care of them.  She just needs money.  Money which your family is providing.  Poverty alone does not satisfy the unable to care for the children.  She seems to be able to take care of them with financial help from your family.  

 

Paying for the place where they live is money.  Going to school paid for by your parents is money.  It is just money.  That is what she lacks.   Nothing else.  She is taking care of them.  

Edited December 16, 2018 by aaron2020

[SusieQQQ 11,584]

4 hours ago, _norbert said:

It's not just the money. The house they live in is my parents'. The school they go is paid by their grandparents. Their mother is just like a nanny and has already given the custody to their grandfather because she doesn't want the kids anymore (for whatever reason I don't know).

Can I be totally blunt here? Even aside from the fact that nannies do act like mothers - if these were my grandchildren, and I was worried about their wellbeing - seeing as they are in my house with my money and there is actually nothing stopping me taking care of them, I would be there with them to take care of them. The well-being of my grandchildren would trump the better quality of life or whatever reason I had for preferring to live in the US wringing my hands while this situation was ongoing in a different country. Clearly, ymmv.

[_norbert 0]

I don't think I explain myself clearly. They have private care takers most of the time. Their mother is seeking another marriage and is totally careless about her kids. She is giving the custody to my father because she doesn't want the kids. 

 

My parent have been doing their best to take care of them but leaving U.S. and going back is not an option and certainly is not a long term option because they did it frequently for a few months here and there. 

 

Don't get existential about "mother", we would love if she could care about them and we didn't have to worry about the kids. Trust me.

[Boiler 43,433]

Well you have been given the options, up to the Grandparents to decide what to do, nobody can make that call for them.

[CEE53147 559]

6 hours ago, _norbert said:

I don't think I explain myself clearly. They have private care takers most of the time. Their mother is seeking another marriage and is totally careless about her kids. She is giving the custody to my father because she doesn't want the kids. 

 

My parent have been doing their best to take care of them but leaving U.S. and going back is not an option and certainly is not a long term option because they did it frequently for a few months here and there. 

 

Don't get existential about "mother", we would love if she could care about them and we didn't have to worry about the kids. Trust me.

It is an option not the one they choose to exercise.

 

If mom does not want them and no other family member wants to move to live with them and there is no other family member to sponsor them as legal residents in another country, they can be placed for adoption.  It may be a difficult decision but us rules do not permit what you want to occur.