Minor Children Brought To USA by Grandparents

[Just Paul 4,591]

I've seen this more than once but on the southern border.  Definitely not DIY.  The kids will need to be adopted in Canada.  Everyone here is a Canadian citizen.  The overstays aren't going to matter as minors.  Immigration can't start until that is "resolved".  Time is no one's friend here. It isn't going to be cheap, easy or fast.   

 

I don't even know where to start as they are LPRs.   The only link I've seen for Canadian relatives is for US Citizens.  https://nightlight.org/canada/

3 minutes ago, SusieQQQ said:

I am a little worried that they may have inadvertently broken some kind of child trafficking law somewhere if they do not have legal custody of these kids and did not legally bring them here in that capacity, despite the best intentions. That’s why I keep saying....lawyer.

Exactly !

[SusieQQQ 11,584]

1 minute ago, Paul & Mary said:

I've seen this more than once but on the southern border.  Definitely not DIY.  The kids will need to be adopted in Canada.  Everyone here is a Canadian citizen.  The overstays aren't going to matter as minors.  Immigration can't start until that is "resolved".  Time is no one's friend here. It isn't going to be cheap, easy or fast.   

 

I don't even know where to start as they are LPRs.   The only link I've seen for Canadian relatives is for US Citizens.  https://nightlight.org/canada/

How long do you think? If it all needs to be done in Canada and takes that long, they will need re-entry permits if it’s going to be longer than a year. Once all the requirements are met for an immigration adoption - where the ages of the children will matter too - then they can be petitioned as children of LPRs. Unfortunately that process of F2A will take another year or two to get through.. what a headache. They may have to be in Canada a good few years through both processes?

[Orangesapples 1,954]

45 minutes ago, SusieQQQ said:

Yes, but it’s not as simple as just adopting them. You can have legal adoptions that are not accepted for immigration purposes. LAWYER. 

I think the adoptions not accepted for immigration purposes are when the parents of the child are still alive. This doesn't seem to be the case here. 

[Just Paul 4,591]

10 minutes ago, SusieQQQ said:

How long do you think? If it all needs to be done in Canada and takes that long, they will need re-entry permits if it’s going to be longer than a year. Once all the requirements are met for an immigration adoption - where the ages of the children will matter too - then they can be petitioned as children of LPRs. Unfortunately that process of F2A will take another year or two to get through.. what a headache. They may have to be in Canada a good few years through both processes?

The casefile I last remember reading was 4 or 5 years and there was some congressional pressure.  I've reached out to the volunteer that worked on it for some ideas. But I thinks Mexico is much more complicated than Canada.

 

3 minutes ago, Orangesapples said:

I think the adoptions not accepted for immigration purposes are when the parents of the child are still alive. This doesn't seem to be the case here. 

correct but 1) adoption is for US CItizens and 2) the kids still have an age limit I think.

[Mollie09 1,543]

3 minutes ago, Paul & Mary said:

2) the kids still have an age limit I think.

16, IIRC

[SusieQQQ 11,584]

56 minutes ago, Orangesapples said:

I think the adoptions not accepted for immigration purposes are when the parents of the child are still alive. This doesn't seem to be the case here. 

Age matters. Custody time and place matters. It’s not just a case of if the parents are alive or not.

Edited September 9, 2020 by SusieQQQ

[SusieQQQ 11,584]

This applies for LPRs (= family based petition process)
 

To be eligible to receive an immigrant visa through the family-based petition process, the child must have been adopted while under the age of 16 (or be the natural sibling of such a child, adopted by the same parent(s) as his or her sibling while under the age of 18). In addition, the Form I-130, Petition for Alien Relative, family-based petition process under INA 101(b)(1)(E) requires the child to have been in the legal and physical custody of, and resided with, the adoptive parent(s) for at least two years prior to filing the Form I-130 petition. If the child is or was habitually resident in a Hague Convention country prior to the adoption and the adoption occurred on or after April 1, 2008, the two-year legal custody and physical residency period generally must be satisfied outside the United States in order for the Form I-130 to be approvable. The rules for this immigration process are discussed in greater detail on the USCIS website here.     

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/adopting-a-relative-for-immigration.html

 

Edited September 9, 2020 by SusieQQQ

[Boiler 43,426]

Hague Convention

 

With what it seems they have done would they be considered fit and proper to adopt?

[Canerican 242]

Thank you for all the advice. 

[Pinkrlion 2,607]

On 9/9/2020 at 1:53 PM, SusieQQQ said:

I am a little worried that they may have inadvertently broken some kind of child trafficking law somewhere if they do not have legal custody of these kids and did not legally bring them here in that capacity, despite the best intentions. That’s why I keep saying....lawyer.

I was thinking child smuggling issues as well.....