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Importing Children

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Old Aug 21st 2002, 2:43 am
  #1  
M1nn0w
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Default Importing Children

Well it looks like we're back in the quackmire once again. We are in the process of
getting everything together in order to apply for PR status for the youngest of Debs
sons. He is currently visiting us. His father is seriously Ill and we have been asked
by the family and Family Services (Canada) to take responsibility for the boy.
Apparently he can no longer receive the proper supervision at home and it is
impossible for him to live at home with his older brother. Chris is 15 years old. We
went to INS Albany yesterday and were given the usual I-130, I-485, G-325A, etc forms
to fill out. If there is anyone in the group who has done this recently we would
appreciate hearing from you. What was that that Al Pacino said in Godfather III "I
keep trying to get out and they keep pulling me back" Oh well time to hit the
mattress' again

John & Deb Can/Am '98
 
Old Aug 21st 2002, 4:44 am
  #2  
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Default Re: Importing Children

John and Deb

Sorry to hear of these new circumstances. Since Deb is now a US citizen, her son can remain here in the US while the I-130 and subsequent documents are being processed in Albany. All paperwork will be filed there by the way. As you know they are quite quick in comparison to other INS offices and Deb's son should be through the process by spring. Of course, he will need advance parole to visit his Dad back in Canada and an EAD if he wanted or needed to obtain a social security card (although he would be eligible for an Independent Taxpayer's Identification Number from IRS).

I am wondering though if he would benefit from Deb's newly gained US citizenship or if there is an age limit on those benefits to dependent children. There was a posting within the last two months on just this subject but not sure if it was here on this newsgroup or on Alvena's former messageboard. Will take a look for it and see what turns up.

In the interim, best wishes that you three (or four) come through as quickly and painlessly as possible.

Rita
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Old Aug 21st 2002, 5:36 am
  #3  
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Default Re: Importing Children

Okay this is what I found and unfortunately it will not help him at the moment but possibly after he has become a PR

http://www.ins.usdoj.gov/graphics/pu...ts/adopted.htm

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term "child" is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of "child" for naturalization purposes under immigration law1 and must also meet the following requirements:
· The child has at least one United States citizen parent (by birth or naturalization);
· The child is under 18 years of age;
· The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;
· The child is a lawful permanent resident;
· An adopted child meets the requirements applicable to adopted children under immigration law2
Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. A child who is currently under the age of 18 and has already met all of the above requirements will acquire citizenship automatically on February 27, 2001. Otherwise, a child will acquire citizenship automatically on the date the child meets all of the above requirements.
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Old Aug 21st 2002, 6:13 am
  #4  
M1nn0w
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Default Re: Importing Children

Rete, It's good to see I haven't lost my investigative ability. I found
that yesterday morning before we went to the INS office and ran it past the officer
there. I didn't see the part where it said he HAD to be a PR at the time. Thanks for
the feedback though. Deb says hello btw.

John & Deb Can/Am '98
 
Old Aug 21st 2002, 6:51 am
  #5  
Mrtrave;
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Default Re: Importing Children

M1nn0w wrote:
    > Well it looks like we're back in the quackmire once again. We are in the process of
    > getting everything together in order to apply for PR status for the youngest of
    > Debs sons. He is currently visiting us. His father is seriously Ill and we have
    > been asked by the family and Family Services (Canada) to take responsibility for
    > the boy.

They had to ask????????


Apparently he can no longer
    > receive the proper supervision at home and it is impossible for him to live at
    > home with his older brother. Chris is 15 years old. We went to INS Albany
    > yesterday and were given the usual I-130, I-485, G-325A, etc forms to fill out. If
    > there is anyone in the group who has done this recently we would appreciate
    > hearing from you.

The process would be similar to filing AOS for a spouse. You should probably have
documentation for the interview that indicates this was not a planned event when he
came to visit.
 
Old Aug 21st 2002, 6:53 am
  #6  
Mrtrave;
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Default Re: Importing Children

M1nn0w wrote:
    > Rete, It's good to see I haven't lost my investigative ability. I found
    > that yesterday morning before we went to the INS office and ran it past the officer
    > there. I didn't see the part where it said he HAD to be a

Not only that, but you have to adopt him first. Been there, done that....
 
Old Aug 21st 2002, 10:27 am
  #7  
Allieo
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Default Re: Importing Children

I went through the very same thing recently. My daughter, then 14, arrived at
Christmas for a visit and stayed. We filed the I-130, 485, etc. in early June and
she was granted permanent residency (10 year) in early August. It was quick and
virtually painless, except for the usual line waiting and $$. This was all processed
in Bloomington, MN. Just make sure you have the proper documentation showing that you
have custody of the child. My daughter didn't have a passport but that's no problem.
They process the I-551 stamp on an I-94 card with an ADIT photo attached. I am a
CPR, filing to remove conditions any day. I've got everything together, but want to
make a complete photocopy before I ship it off.

My best wishes to you and your family.

Allie
 
Old Aug 22nd 2002, 3:57 am
  #8  
M1nn0w
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Default Re: Importing Children

I'm not sure how to take your question "They had to ask?????" Yes they had to ask
and for more reasons then I care to go into here. Beyond the fact that Chris wanted
to Stay if at all possible. Thanks for the reply and advise.

John & Deb Can/Am '98
 
Old Aug 22nd 2002, 3:59 am
  #9  
M1nn0w
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Default Re: Importing Children

Allie,

Thank you very much for the reply. I hope our petition moves through as
quickly. Did your daughter require a Medical examination? We believe
Chris will but we're not sure.

John & Deb Can/Am '98
 
Old Aug 22nd 2002, 1:43 pm
  #10  
Allieo
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Default Re: Importing Children

Chris will indeed need a medical. We took Candice for her medical before we filed
any of the paperwork. We didn't apply for an EAD as we knew MN was quick. We did
apply for A/P as she needed to get back to see her dad. That was ready in less than
a week (but it cost me two dozen donuts for security!) Even though she was over 14,
we've never been called for fingerprinting. We actually thought that was what our
appt was for when instead it was to give her the 10 year greencard. My 11 yr old and
I are still CPR's, but not for long. And due to the Feb 2001 changes, both girls
should get citizenship automatically when I get mine in just over a year.

When we crossed the border back in the US from Canada this past summer, the
immigration officer did point out that prior to getting the greencard, we should
ensure that all our children had photo id of some type, especially if they don't have
passports. School id or state id are your options.
 

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