Posts

SIJS PROCESSING TIMES UPDATE

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SIJS Processing Times Updates I've filed a number of SIJS cases since May 2017 with no action.  Under TVPRA 2008, those cases are supposed to be decided within 6 months and that is what we used to see.  However, a number of factors have created the perfect storm to slow down decisions by USCIS. SIJS cases are now all routed to the National Benefits Center, instead of decided at local Field Offices.  There was a huge influx of children from Guatemala, Honduras, and El Salvador fleeing gang violence and unsafe conditions beginning in 2014:  https://www.nytimes.com/interactive/2014/07/15/us/questions-about-the-border-kids.html .  Many of those children applied for this pathway to a  law ful permanent resident card.  This pathway differs from asylum in that it is limited to children who have been abandoned, abused or neglected by one or more of their birth parents.  They also have to be under the age of 18 (unless their state court extends eligibility...

TWO ISSUES IN CLOSE RELATIVE ADOPTIONS in 2018

TWO ISSUES IN CLOSE RELATIVE ADOPTIONS in 2018 I.  Bona fides—Sham Adoption The big problem now with close relative immigration cases is that USCIS is attacking them based on the bona fides of the adoption.  The typical objection is that it is not a real adoption/family formation situation but only a way to get older relatives to the U.S. to obtain a better education.  You can meet all the criteria in the adoption itself for the immigration filing (Hague compliance, under the age limit, obtain two years of legal and physical custody, completed adoption), and get a denial based on the bona fides. The analogy that is made is to sham marriages or cases of marriage fraud. The Immigration cases cited deal with marriage fraud.  However, unlike in marriage fraud cases, the child whose adoption is considered suspect does not automatically receive an in person interview with an officer where the relationship can be explained and tested.  The decision is made based on the...

How Good is Your Adoption Agency?

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I often am asked if a particular agency is a reputable agency.  The number one piece of advice that I offer is to always use a licensed adoption agency if you are considering placing a child for adoption OR if you are seeking to adopt. Why? Over the years, I've seen countless expectant parents suffer heartbreak when they have innocently connected with an adoption facilitator online instead of a licensed adoption agency with a physical address in their area.  The facilitator makes big promises and develops a phone relationship.  But, there are no on the ground services to the expectant parent,such as referrals for housing or job assistance, or pregnancy support centers, or doctors or clinics in her area.  And, no real pregnancy counseling.  As a result, the expectant parent is often unprepared to make an informed adoption decision when she gives birth. This same issue of lack of training and on the ground services leads many expectant parents to "change their min...

Our Adoption Story

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Over the years we have had a number of clients; the happiness that shows on their faces once they have received the news that they are being matched with a child, is an experience like no other. We asked a client of ours to share her story. Due to privacy, there will be no names mentioned, but here in her own words is what she has to share with all of you. "It was a surprisingly warm day in early April 2017. That morning, my husband and I were debating whether to catch a Washington Nationals game. Instead, we took a phone call from our adoption agency that would change everything. We learned that a baby girl had been born the day before less than an hour from our home and her birth mother was interested in meeting us. We had just a few hours to decide whether we wanted to move forward with this case. The agency told us as much as they could. So much was unknown including the baby’s race and family medical history. However, we did know that she would most likely be in the NICU for ...

Surrendering My Adopted Child's Passport

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Recently, I've handled several cases where panicked parents have received letters stating that they should surrender their adopted child's US passport. Usually, the parents went through the rigorous process of adopting while they were living overseas.  They had a home-study done by a US accredited agency.  They filed the I600A or I800A.  They completed the intercountry adoption process and the child was granted either an IR-3 or IH-3 visa.  They then came to the U.S. for a while with the child and obtained a U.S. passport for the child.  Often, the Certificate of Citizenship issued by USCIS was sent to their U.S. address. Then, both parents and child returned to their overseas address. In the past, this worked well.  But, now, the Department of State and USCIS have both determined to treat these cases differently. The family that followed this route will get a letter from the Department of State telling the parents that the child's passport was issued erron...

Step Parent Adoption Interview

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Marie* talks about step parent adoption, revealing how her husband's adoption of her daughter made them feel more like a family: 1.       What made you want to adopt? "We chose to do a step parent adoption as the final legal detail in an already established father/daughter relationship. My husband and I were married when my daughter was 2 and she has never known anyone else but him as her father and we felt it was important for all of us to be a cohesive family sharing one last name."   2. What was your process like when going through the steps of adoption? "A bit nerve racking, but we had faith and confidence that we were doing the right thing" .  3.       How long had the child been a part of your family before making the adoption final? "She is my birth daughter and my husband came into our lives right after her 2nd birthday" . 4. How did you come to the decision to adopt? Did your daughter get a vote? "Our daughte...

Disciplining your Adopted Teen

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A common fear for parents that have adopted is they are afraid to discipline their child too harshly.  The fear comes from the feeling that their child has already been through so much that the child needs more love than boundaries.  Another common feeling is the fear of further damaging their ego.   While these fears are understandable you still have a child to raise and hopefully, send out to the world as a healthy adult. You have to set boundaries, rules and guidelines as you do with any other child. The teenage years are already a mess of hormones and peer pressure and trying to figure out identity, especially as an adopted child.  However, limits need to be set and they increase the child's sense of security and belonging in the family if done in the correct way.  Parents often fear the word “no” but if your answer to something really is “no” then you should say it. In a recent podcast interview , Dawn Davenport talked with Katie Naftzer  about th...