Crazy situation

[Holdanna 8]

This situation has nothing to do with me but I'm asking for my best friend.

 

He's a Canadian citizen living in Georgia without status , Ritchie. He's 49 has 2 USC children from different moms. He originally received his gc at 22 years old, thru marriage. He sustained a back injury which caused him to stay in Canada and get treated there. He was too long in Canada, injured in the hospital and when he tried to come back to the US CPB took his greencard. This was back in 2009. The first marriage produced a son who's now 23. Because of the breakdown in marriage his son was adopted by the mom's second husband and carries the adopted father's name. Ritchie and his biological son Robbie have reconnected and have a relationship. Would Robbie be eligible to sponsor his father Ritchie?

 

TIA

[milimelo 4,503]

Yes. There may be a request for DNA to prove father-son relationship if he’s not listed on birth certificate. 

[aaron2020 11,651]

Yes, but the stepparent adoption must be terminated first.  

https://fam.state.gov/fam/09FAM/09FAM050202.html

 

9 FAM 502.2-1(C)  Conferring Immigration Benefits to Family Members

(CT:VISA-385;   06-15-2017)

a. Immigration Benefits from Adult Children Only:  Only U.S. citizens aged at least 21 years may confer immigration benefits on a parent or parents.

b. Parents or Siblings of Adopted Child:

(1)  Biological Parents or Siblings:  An adopted child (as defined in INA 101(b)(1)(E), or (G)) may not confer immigration benefits upon a natural parent or sibling unless such adoption has been legally terminated. This is true even where the child never received an immigration benefit based on the adoption.

(2)  When Adoption Has Been Terminated:  A natural parent or child or sibling relationship can be recognized for immigration purposes following the termination of an adoption, if the petitioner can demonstrate that:

(a)  No immigration benefit was obtained or conferred as a result of the adoptive relationship on the adoptive parent(s);

(b)  A natural parent or child relationship meeting the requirements of INA 101(b) once existed;

(c)  Any adoption that satisfied the requirements of INA 101(b)(1)(E) has been lawfully terminated; and

(d)  The petitioner's natural relationship with the beneficiary has been reestablished, either through operation of law or through other legal process.

c.  Immigration Benefit Conferred from Child to Father:  USCIS has determined that an illegitimate child may confer immigration benefits to a father if:

(1)  The father has established that he is the natural parent; and

(2)  A bona fide parent or child relationship has been in existence prior to the child’s 21st birthday.  (See 9 FAM 102.8-2(D) definition of “child born out of wedlock.”)

[SusieQQQ 11,586]

18 minutes ago, Holdanna said:

when he tried to come back to the US CPB took his greencard.

so how did he enter? as a tourist or did he enter without inspection?

[Boiler 45,670]

Pretty easy to do that from Canada.

 

More likely he surrendered his GC, completed the I 407 and was let in as a tourist.

[Holdanna 8]

He entered with his greencard after 2 years. He explained he was in the hospital for many months and couldn't get back. CPB took his gc and said you can come in, as a tourist I guess, but you'd need to go in front of a judge to get reinstated. He never got a summons or anything. 

Just now, Boiler said:

Pretty easy to do that from Canada.

 

More likely he surrendered his GC, completed the I 407 and was let in as a tourist.

Yes he signed that document

[Boiler 45,670]

Begs the question how he was eligible for treatment in Canada? I thought you had to be resident?

[Boiler 45,670]

1 minute ago, Holdanna said:

He entered with his greencard after 2 years. He explained he was in the hospital for many months and couldn't get back. CPB took his gc and said you can come in, as a tourist I guess, but you'd need to go in front of a judge to get reinstated. He never got a summons or anything. 

Yes he signed that document

I 407 is what he filled in to surrender his GC.

[Holdanna 8]

Just now, Boiler said:

Begs the question how he was eligible for treatment in Canada? I thought you had to be resident?

Hospital in Toronto told him he had to get his driver's license changed to Ontario. Ritchie didn't know better at the time. He had a spinal injury, and signed whatever he needed to get treated

[Holdanna 8]

I'm wondering how the step parent adoption may be terminated? I suppose through court.

[SusieQQQ 11,586]

6 minutes ago, Holdanna said:

He entered with his greencard after 2 years. He explained he was in the hospital for many months and couldn't get back. CPB took his gc and said you can come in, as a tourist I guess, but you'd need to go in front of a judge to get reinstated. He never got a summons or anything. 

Yes he signed that document

ok so that takes a potential headache out of the equation.

 

But as aaron posted above, he will need to legally dissolve the adoptive relationship before anything else can happen. I imagine that will be pretty emotionally fraught given the circumstances of the adoption, even if it is (i have no idea) easy to do legally. What is the situation regarding the other child?

[Boiler 45,670]

23 minutes ago, Holdanna said:

Hospital in Toronto told him he had to get his driver's license changed to Ontario. Ritchie didn't know better at the time. He had a spinal injury, and signed whatever he needed to get treated

He changed his DL from a US one to a Canadian one, OK all that makes sense.