Family

If the first contact and border encounter was just an attempted entry then it’s a “voluntary return” . Usually she would have been detained a few hours , fingerprinted sent back to Mexico . Many tried multiple time and got caight often before ultimately getting in EWI. Attorney would have screened for multiple entries ( hopefully wCBP FOIA) before the hefty Waiver I-601 A legal fee….right?

You are right on the age alert. .fot the I-864 , sponsor must be 18. ..so even if processing is lightning speed, no AOS til OP is 18. ‘The I-129 F at USCIS stage won’t have a problem as there is no requirement. At consulate …seems like it could be roll of the dice …as I am assuming OP is a student and likely dependent on parents. Beneficiary can try scouting some employment offers from US companies around the time of interview and OP parents can do an I-134 as well https://fam.state.gov/fam/09FAM/09FAM050207.html c. (U) Public Charge, Evidence of Support: (1) (U) A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) like any other visa applicant. While evidence of support is usually requested, there is no absolute requirement that an affidavit of support or other public charge documentation be presented. It is only necessary that you conclude that the applicant is not likely to become a public charge. It would not be unusual, therefore, for a healthy applicant of working age, applying alone, to establish eligibility during the visa interview without the need for substantiating documentation. (2) (U) Form I-864, Affidavit of Support Under Section 213A of the Act, cannot be required. Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting. Form I-134, Affidavit of Support, may be requested when you deem it useful. https://fam.state.gov/fam/09FAM/09FAM060114.html

Focus on getting I-130 approved. Once you clear that , argue child needs to interview in PI together with his mom.

Face the issues as they arise . I recommend adopted name ( and thus Nigerian passport) to start with USCIS…as the adoption decree needs to get past them first . You select PI for consular process and argue need for Manila post if USCIS/ NVC (and can ask Manila to accept case) IF it gets assigned to Nigeria . As it stands child , dual citizenship will allow child to travel and process in either country if push comes to shove .

The only reason I can imagine you were even considering using your son PI /pre adoption name / passport is because of anticipated exit when he gets the IV visa…or do you have other concerns?

As far as what name to use…I would go with the adopted name /Nigerian passport , since I am assuming you are claiming adopted parent not step parent. Show them the alias on PI passport. When IV gets approved, if Philippine exit is a problem…you can always exit with other passport… And here it is, PI Supreme Court ruled in 2020 that they will recognize foreign adoptions. https://www.lexology.com/library/detail.aspx?g=c8d1aeec-2351-4b5c-be96-1f3312c137dd Is the adoption of a Filipino child in another country recognized in the Philippines? The Court of Appeals has since made contradictory rulings on this question, but the Supreme Court upheld the principle conclusively in 2020. In its definitive ruling in the case of Suzuki vs. Office of the Solicitor General,[ii] the Supreme Court rejected the argument that an adoption was only valid if made within the legal framework on adoption of either Republic Act No. 8043 (the Inter-Country Adoption Act of 1995) or Republic Act No. 8552 (the Domestic Adoption Act of 1998).

Located the thread you mentioned…I do not think anyone realized your stepson was from a different country. https://fam.state.gov/fam/09FAM/09FAM050203.html b. (U) Adoptions should permanently sever previous parental ties. Therefore, a caretaker relationship in which the adopting parents intend to return the child to their natural parents or former guardians in the future would generally not constitute a bona fide parent-child relationship. Also, as provided in INA 101(b)(1)(F), no natural parent or prior adoptive parent of an orphan may obtain any immigration benefit because of their relationship with an orphan.

Can’t sweep this under the proverbial rug as direct questions on aliases and multiple citizenship questions are asked

As recently as March 2024 , Nigeria has been flagged. 1st link And how a Nigerian court get jurisdiction over a PI child ? 2nd link I will try searching for your thread. https://www.uscis.gov/adoption/country-information/adoption-information-nigeria Adoption Information: Nigeria In a March 13, 2024, adoption notice, the Department of State (DOS) Continues to Advise Prospective Adoptive Parents to Reconsider Intercountry Adoptions from Nigeria. DOS recommends that prospective adoptive parents reconsider intercountry adoptions from Nigeria due to ongoing concerns about the ability to verify the origins of children being adopted, systemic fraud, and lack of oversight in the adoption process. These concerns may result in difficulty immigrating an adopted child to the United States. For the latest information on adoption from Nigeria, see the DOS’s Intercountry Adoption webpage for Nigeria, which also contains DOS adoption notices for Nigeria. https://fam.state.gov/FAM/09FAM/09FAM050203.html U) You must accept a foreign adoption decree as valid unless there is credible and probative evidence that: (1) (U) The adoption was flawed in its execution (e.g., a court lacked (or other official body) granting the adoption lacked jurisdiction over the adoption or prior parents did not consent to the adoption or were not given proper notice of the termination of parental rights);

Dalai Lama apologizes after video asking child to ‘suck’ his tongue sparks outcry The Dalai Lama has apologized after a video emerged showing the spiritual leader kissing a child on the lips and then asking him to “suck my tongue” at an event in northern India. In a statement Monday, the office for the Dalai Lama said he “wishes to apologize to the boy and his family, as well as his many friends across the world, for the hurt his words may have caused,” adding he “regrets” the incident. His Holiness often teases people he meets in an innocent and playful way, even in public and before cameras,” the statement said. His apology comes after a video of the exchange, which took place during an event in the hillside city of Dharamshala in February, went viral on social media with many users criticizing the Dalai Lama’s actions. The Dalai Lama, who turned 88, has said he will live to be up to 113. But his health has been deteriorating, and he’s been hospitalized a few times in recent years. https://www.cnn.com/2023/04/10/india/dalai-lama-apology-kissing-boy-video-intl-hnk/index.html Tibet’s Dalai Lama turns 88 The reincarnation debate According to Tibetan Buddhism, when the Dalai Lama dies, he is reincarnated. Other higher monks set out to find the successor — a young boy in most cases, according to instructions left by the previous leader — and groom him. The current Dalai Lama has said he will decide on his reincarnation when he turns 90. But Beijing says it will be the one to choose the successor, an idea that Lekshay and other followers reject. “His Holiness is the only person to decide upon where His Holiness should be born, nobody else,” he said. A bitter tussle over the rightful leader is likely to unfold in the coming decades. In 1995, soon after the Dalai Lama identified a 6-year-old boy as the reincarnation of another high-ranking monk, the Panchen Lama, Chinese forces took the child into custody and installed someone else — who is rejected by the Dalai Lama’s followers. Across Dharamshala, there are posters about the boy chosen by the Dalai Lama, whose whereabouts are still unknown. On Thursday, the 14th Dalai Lama turns https://www.theguardian.com/world/2021/jul/31/tibet-and-china-clash-over-next-reincarnation-of-the-dalai-lama88 years old. The Tibetan spiritual leader and prominent Buddhist figure is the longest serving in the line of Dalai Lamas in Tibetan history. As he gets older, the prospect of his demise — and what happens after — is looming.

There is nothing simple here. Child has to disclose both Nigerian and Philippine citizenships , thus adoption will be disclosed and reviewed. It could complicate matters big time, as in adoption severed the step parent relationship…BUT adoption won’t meet USCIS standards for immigration benefit.

Do think Philippine court would legitimize the Nigerian adoption after the fact…? Like @Timona, I cannot see how Nigerian Court disposed of input from PI court.

Does “ they” imply spouse and his/her children …or something else? ‘Would your personal items and real world proof of existence be scattered throughout the other /2nd home of US Citizen Spouse …if an unexpected fraud unit knocked on that door today? Might as well take the bull by the horn and explain away at filing because any living apart scenario will flag you

Agree with above with recommendation to write out a Letter , sign it and attach it to the email and for good measure even mail it via snail mail w tracking. As long as withdrawal is before visa is issued , case will be closed

I am not able to read it, but trust you have double checked. For the last time, FOIA w CBP

If the agent did not give you indication she will generate a new biometric appointment or direct to just show up at an ASC center…I would keep calling. The urgent need to travel due to a family members health crisis is a qualified event…is that how you made your claim ?

Great post . You have total objective recall ! Happy Voting !

Do as you wish

I did not see that . If OP was removed t border , the Expedited Removal was w CBP . ..so no use for EOIR or USCIS. Thank you for pointing out the discrepancy …at this point a copy of passport page upload would help

You , still need to get your record , but definitely stop referring to it as a deportation .

The OP wrote “ refused” was stamped . .. Nonetheless , be it ER or refused the records are with CBP

I understand. ..however do not write anything about the temporary change of heart on the permanent move. Stick to the medical hardship … ‘Very good wishes and respect for a strong family in face of adversity.

You were never Deported. ..simply denied entry. … Do spend some time rereading your thread, maybe will get some clarity.

3 years is max no contact . ..and even you could have sent an email once a year requesting additional time. ‘Were you getting email alerts ? ‘’You should do that request now , via Ask NVC . Write out Request your case be reinstated , detail the medical hardship, sign under penalty of perjury …scan and attach to your email . If you have not passed the 3 year mark , you have excellent chances