My dear friends, a Filipino couple (Perm. Res.; 2.5 years in America) are desperately trying to get their daughter to America. This is her second trip from here to the Philippines just to get Genna yet the mother is still unable to bring her 6 year old Genna back with her. She is leaving Phils. on Feb. 2, after being rejected, to return to America, thus the urgency.
THE PROBLEM: Her mother runs a midwife clinic, for which the wife worked once she got her nursing license. She took up a child (totally) abandoned to her mother's clinic 6 years ago, got a BC, BAPTISM, SCHOOL SHOTS, and raised her in a loving family environment until she and her husband left for America to pursue a nursing career here.
On the first trip back attempting to get Genna, the USCIS discovered she was not the actual birth mother and demanded she show adoption papers, which they subsequently had legally done (in the Philippines) before leaving this time to go back to the Philippines to get Genna. When presenting at the embassy in Manila she was then told her she had to wait a full two more years before she could bring Genna with her -- that be's the law!
This means they will be without their child GENNA from age 3 to age 8, five full CRITICAL PARENT/CHILD years, which seems to me cruel and unusual punishment (FOR THE CHILD, IF NOT THE PARENTS) just to establish somebody's turf or to follow the letter of some stupidly written law.
Is there anyone who understands the system well enough to tell me whether or not this nightmare my friends are living through is TRUE or FALSE? Could the USCIS actually be that frightfully discompassionate? If something could be done it would make two people extraordinarly happy.
Bill Cowhig 5312 Dover Ridge Lane Durham, NC 27712 919-620-1703
The USCIS is a government structure that doesn't operate on emotions. It simply follows the laws set forth by the Congress. And the law says that immigrant visas are available to LPR relatives on first come (file I-130) first get basis. I-130 is a petition for alien relative that establishes the existence of qualifying relationship between a green card holder and an intending immigrant. The date I-130 was accepted for processing becomes the priority date. Being their adopted daughter she's in Second A (F2A) family preference category. Currently visa numbers are available to children of LPRs with filed I-130s on or before Aug 15 2000 which makes it almost four and a half years wait. Nothing much can be done about the process until the laws are changed.
Both of your comments are helpful. Yes, "Still Learning," it is unfortunate they didn't forsee the kind of problems they now face in immigration and yes, "Still Learning," I know you are right about the "unemotional" (by the book)state of mind governing the USCIS. What I am hoping for (against hope) is that somewhere down deep in their cold dark black heart of hearts, there is a mite of "compassion" for other human beings. America should have learned by now the fundamental importance of FAMILY demonstrated so beautifully in the Philippines; perhaps the USCIS will discover this over the short term and yield to persuasive arguments. I have to hold out some hope for my friends, else they will return home to raise their one month old twin boys and Genna in poverty. At least there they could be an intact family.
If anyone has heard of a legal approach to raise such a "moral" argument, or any other kind, would you please comment?
Thank you both very kindly for your remarks. They are helpful and I am thankful to you for them, despite their messages.
First you asked if USCIS that uncompassionate. Actually, USCIS typically approves a petition and then it is the State Department, which has jurisdictio over the Embassy/consulate abroad, that ends up rejecting the visa application, despite the approved petition.
In your case, just be thankful the application isn't rejected.
My friend was married to a US citizen and was even pregnant with his child but was not able to come to the US. The child was born and was 3 years old until her visa got issued. It wasn't that they were denying her or were seeking additional proof. It just took that long to process even though at every state the status and visa was approved.
Sorry but the Philippines is a whole different world.
first of all, its rejected entry based on adoption case, if she(child) was adopted it should be registered with the embassy. second, For LPR or even citizen can be persecuted for child trafficking if not registered. You are lucky that it was not rejected. next; Once you already registered it will take a year for NO objection certificate to be valid. but because you are LPR it will take a while to get her back.. You should expect 2 1/2 to 3 1/2 years to get visa. my suggestion is to upgrade your status to USC will reduce the time tremendously
Did some reading and found a form I-600A (Application for the Advance Processing of an Orphan Petition) and I-600 (Petition to Classify Orphan as an Immediate Relative). This case fits the description of "orphan child" rather than "non-orphan child," and seems to convert the child into an "immediate relative." Is this different form a reason to believe the writers of the legislation had heart enough to not separate parents from their children for long periods of time?
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