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Thread: Recent death of mother has left foreign stepchildren abandoned

  1. #1
    USC married to LPR of Honduran nationality. LPR's former spouse recently passed away in Honduras, abandoning their three children (ages 6, 11 and 13). USC would like to petition for the stepchildren via I-130 for their residency. In the interim, what are the odds of getting the children into the US on B2 visa? Father is sole means of support. All members of father's immediate family are LPR and reside in US. (Children are enrolled in school and reside in a home that is deeded to LPR.) Are there other visa options that might be better for getting the children here within two months' time or less? No petitions of any kind have been submitted yet.

    Thanks in advance for any response you may be able to give.

    minor child, b-2, orphans, death of parent

  2. #2
    USC married to LPR of Honduran nationality. LPR's former spouse recently passed away in Honduras, abandoning their three children (ages 6, 11 and 13). USC would like to petition for the stepchildren via I-130 for their residency. In the interim, what are the odds of getting the children into the US on B2 visa? Father is sole means of support. All members of father's immediate family are LPR and reside in US. (Children are enrolled in school and reside in a home that is deeded to LPR.) Are there other visa options that might be better for getting the children here within two months' time or less? No petitions of any kind have been submitted yet.

    Thanks in advance for any response you may be able to give.

    minor child, b-2, orphans, death of parent

  3. #3
    Someone12
    Guest
    In a word, no...they are not legitimate 'tourists....they do not intend to return to Honduras...so lying to get tourist visas is justified how??????
    Wait...I know....call Rough Neighbor....this piece of unpatriotic slime will no doubt help you out....

  4. #4
    The only way to get the children here is to apply for their permanent residency. Trying to circumvent the legal process by trying to obtain tourist visas is...well, it's illegal.

    I thought that, when a third-world immigrant married an American, the American was supposed to assimilate the third-world immigrant to American norms, values and culture...NOT THE OTHER WAY AROUND!

  5. #5
    Someone12 and SunDevilUSA:

    Thank you both for your responses. Trying to sort your way through advice from a variety of legal sources can be very trying without the judgment and vitriol of those who do not have a complete understanding of the situation and who certainly have no emotional attachment to any of the people involved. What I was hoping for was some advice. (Read the entirety of my post and you will see that.) Apparently neither of you were qualified to give that advice. No problem there. I have spoken to several other sources who have given me many things to consider. So once again, thank you for your input and I certainly hope your own situations resolve themselves in a less stressful manner than mine.

    Best regards,
    Karen

  6. #6
    Someone12
    Guest
    your first question was whether or not the kids could get B2 visas....and I said no,,,,because they are not tourists, they have NO intention of returning to Honduras...they are NOT students, they are NOT temporary workers....so there is NO nonimmigrant visa for which they are qualified....weepy whining stories do not qualify any applicant...our laws are quite clear about immigrant intent, there is NO exception (most likely your 'other qualified sources' - friends who know nothing about immigration law, told you to lie or make up some silly story about why they have to go the US...well...try it and see....
    emotions have nothing to do with this situation,,,,B2 visas are for legitimate tourists who fully intend to return to their own country, something that is not true in these kids' case...you know it, I know it, you just don't want to hear it and instead want an answer that makes you happy....
    what part of our laws don't YOU wish to obey?
    which laws don't apply to these kids? Why?
    But of course, you cannot answer this question, nor can your uninformed friends.
    Clearly you are searching for some way to circumvent our rules, and I for one have zero tolerance for such behavior, no matter what fate befalls some other person...that isn't the problem of the taxpaying citizens of the US of A...period.
    Having worked for an immigration attorney for more than two years makes me far more qualified to answer your simple question than any of your trailer park dwelling friends....
    tell you what...if you doubt me, please look in the Immigration and Nationality Act, under B2 visas, and see if your case is the exception....

  7. #7
    Someone12:
    I also asked if there were any options to get the children here more quickly, preferably in two months' time or less. Several people have offered advice in this vein.

    I also said that no petitions have been filed.

    Maybe I need to clarify the above question somewhat because the situation has changed somewhat since you are clearly not the first person to state that the B2 visa is not the correct way to proceed. Having said that, what about actually getting them in the country in the interim?

    I actually received paid advice from two separate immigration attorneys. The advice varied so widely that I still felt I did not know the correct path. That said, perhaps you can offer your advice as well.

    But I would prefer your advice, rather than your insults. I don't doubt that you are far more qualified to offer advice than I, and in this I am truly sincere.

    Therefore, I welcome your comments, particularly on the latter part of my question, since it seems the former has already been addressed.

    Best regards,
    Karen

  8. #8
    KareninLC...Don't waste your time in this Forum. The insenitive S12 Idiot is just miserable with his own life!! Sorry for your loss and I hope things work out for you and your Family. How old are the Children?

  9. #9
    Yes, Karen, some of us who are law abiding and tell it like it is, are the bad guys. Are you from Honduras? because I cannot think of one good reason why anyone in their right mind would marry someone from that primitive, 3rd world country.

  10. #10
    Someone12
    Guest
    Karen: fair enough...(and simpleton simplelife has absolutely no clue about immigration law because life is tough in trailerparks)...
    Petitioning the children will take some time, depending on how the children's relationship can be drawn to the new stepfather...this will likely pivot around who was married to whom, when the new spouse married the USC...if things went smoothly (never assured with USCIS) the children might well be petitioned successfully within a year, but it could be as long as 5 if things are not sorted out satisfactorily. the issue will be who had custody of the children and when, and who has custody of the children now, and all this compared against the marriage and its timing.
    As I mentioned before, B2 visas are not appropriate because the holder of same is supposed to be a tourist, not chilling out in the convenient US of A waiting for an approved petition and visa. Same goes for student visas (F1)...the consul would have to believe that the children would be returning to Honduras after study, but at their age, and under these circumstances, that's not happening.
    Nor will some phony B2 visa request for some alleged medical visit stand up to scrutiny and the same for a visit to Disneyland.
    The problem will be that the consul will want to talk to one or both parents...oops...when it is discovered that one has passed away and that the other lives in the US, well, that means zero reasons to return to Honduras, and therefore no nonimmigrant visa.
    If the kids are denied, it is remotely possible that they could seek something called humanitarian parole, but their parent in the US would have to ask for this and it is far from certain it would be granted. (it costs somewhere around $300 per applicant too). The parole process is not supposed to be used to circumvent visa laws...but each case is different.
    Lastly, trying to apply for B2 visas with the hope that somebody in the consulate will 'feel sorry' for the kids will also fail because our visa laws make no exception to the intending immigrant aspect of B2 visas....no one will believe they are 'just going to visit' for a week or a month....and revealing whatever the entire story is about their situation won't change the laws.
    No doubt at least one of the attorneys you sought out likely offered some silly attempt to gain B2 visas with some sort of creative story (i.e. a lie) that he or she claimed worked last year or last month or whatever, or that this attorney will almost guarantee he/she can draft some letter that will sway a consul's decision....save your money. (or to dummy up the phony medical visit that I mentioned earlier).
    Bottom line....consider applying for B2s, expect a denial and then have the other parent file for humanitarian parole but with the expectation it might not be granted.

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