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All,
My wife and I are attempting to adopt her three nieces from her sister in Mexico. My wife is a us resident-alien and a mexican-citizen and I am a US-born citizen.
I will attempt to list the facts out in bullet form to be brief:
- Three remaining daughters of my sister-in-law
- Oldest child (son) died 2 years ago from failure to properly attend to a trachea tube that was inserted (child choked to death while everyone in house was asleep) as a result of failing to properly diagnose a throat infection
- Mother and Father of children are both living, but are separated
- Mother is only one listed on the registration for the two younger children, both parents are listed on registration for oldest
- Mother has been in jail (charged but not convicted on a robbery charge)
- Father is in narcotics anonymous, and provides no financial support for kids
- Mother and Father are both eager to hand custody of their children over, and to "get their children out of there"
- Conditions that children live in are deplorable, mold on ceiling, 1 bedroom house, no plumbing, frequently no food
- 6 months ago, oldest and youngest daughters were molested by a neighbor multiple times, he is now in jail
- 12 months ago, middle daughter was almost raped by 12 yr old cousin, he is now in jail (this is all 2nd hand, but we are receiving police reports from the complaints)
My wife and I are in the process of interviewing attorneys here in Tucson. Based on our research, it seems like the toughest part might be to get the children classified as orphans given the fact that both parents are living. The I-600 form seems a bit vague, as it mentions separation and desertion as possible conditions to be met for a child to be classified as an orphan (or am I just reading it wrong.)
We're also wondering if it would be at all likely that DIF would remove the children from the home for neglect, and if we would be able to adopt them from that point, or if that would result in the children being placed in an orphanage and possibly adopted to someone else.
Clearly we are in a bit over our heads here, and would really like some guidance (or friendly advice.)
Any insight that anyone could provide would be GREATLY appreciated.
Thanks so much
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The questions you ask are important and complex. It is absolutely imperative that you pose them to a top-notch American adoption/immigration lawyer.
He/she should be able to advise you of whether you have any chance of getting the children a visa. If there is a chance, he/she should also be able to guide you through the adoption process.
Be sure to work with someone who is long experienced, who has good contacts within the USCIS, and who is well regarded in the field. The American Academy of Adoption Attorneys may be able to suggest someone, although be sure that the recommended person is as experienced with immigration as he/she is with adoption.
I know of two outstanding adoption/immigration lawyers, but they are not in your area. If you have trouble finding someone on your own, PM me and I'll give you the names of these two people, who may be able to steer you to someone reputable and experienced.
The U.S. government scrutinizes adoption visa applications for Mexican children very carefully, as the incidence of attempts to commit visa fraud and other crimes is very high. If you try to do an adoption and immigrate the children on your own, or with the assistance of someone who is less than ethical, you are bound to fail.
It certainly appears that the children need you. If you find that getting an adoption visa won't work, ask the attorney about trying to bring them to the U.S. on an education visa, which will cover them for the period of time they are in school, or on a medical visa if they need treatment, unavailable in their country, for any reason -- possibly the psychological trauma related to their molestation.
If worse comes to worse, ask the attorney about the possibility of humanitarian parole. It's hard to get, but might be justified given the horrible conditions under which the children are living.
Sharon
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DIF handles the adoptions in Mexico, but the advantage that you have is that the children are relatives.
since your wife is still a Mexican citizen it makes it easier
for adoption since to my experience DIF likes to keep
families together, ask the people in DIF, they will be able to asist you since you first have to adopt the children legally in Mexico,then , once the children are legally adopted, to bring them to USA both parents would have
had to abandon the children. that is for the
children to have US citizenship.
but your children now adopted may qualify for a permanent resident card? it would be good to ask for advice from an imigration attorney , I wish you the best of luck with that one , being a naturalized Citizen and discouraged by the adoption process in Mexico ,and
no time for papers,I opted to adopt from China.
Itis not impossible! check with DIF!
No, your children, if they do not qualify for adoption visas, can not be adopted abroad and then brought immediately to the U.S. on permanent resident visas.
Please seek help from a reputable immigration attorney in the U.S. I can give you some names of highly reputable people who can recommend folks in your area.
Sharon