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ffness22

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Posts posted by ffness22

  1. I like to give people the benefit of doubt.

    How do you know that he did it this with malicious intent?

    What if he is has been playing the role of "legal guardian" all this while? You don't have to be the biological parent to someone in other to get immigration benefit for the child(ren).

    He just have to adopt those children legally and he will be good to go.

    I won't accuse a man of a crime without proof. You shouldn't.

    Now, i don't know about the rest of his case but based on this part alone, i would like to believe he didn't know.

    You have to stop portraying adoption for immigration purposes as this easy. If anyone could adopt a relative and bring them to the US we would have all done that. First, a child adopted from a non-Convention country must qualify as an orphan under U.S. immigration law and the adopting parent(s) generally must follow the orphan process. Are the children orphans? After this, granted he has become a permanent resident, he has to live with them in Ghana for two years and have custody over them (officially) for two years before any petition can be filed.

    ****Overseas Investigation

    As part of the processing of your case, USCIS (or, in some cases, the Department of State) will conduct an investigation overseas to verify that the child is an orphan. The purpose of the investigation is to:

    • Confirm that the child is an orphan as defined in the U.S. immigration law
    • Verify that you have obtained a valid adoption or grant of custody
    • The child does not have an illness or disability that is not described in the orphan petition
    • Determine whether the child has any special needs that were not fully addressed in your home study
    • Determine whether there are any facts showing that the child does not qualify for immigration as your adopted child

    This doesn’t sound like “Just adopt and good to go” thing. Especially that he has giving the impression of getting them to come to USA by listing their names on the petitions, there is going to be an extremely crucial scrutiny.

  2. It may be consistent with the culture or norms to call your siblings children "your own." However, there is nothing in the culture that indicates you can put the children on the immigration forms as "your own." This wasn't a mistake; it was purposeful and intentional to help the children get immigration benefit down the road by listing them now- something they aren't entitled to since they are neither his biological children nor adopted children. He didn't know this wasn't possible and was caught. I hope he finds a lawyer who is able to put him on the right path to overcome something that is likely a material misrepresentation.

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