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Immigration Options for a Minor Grandchild

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  • 04-04-2015, 09:26 PM
    ukrkoz
    Immigration Options for a Minor Grandchild
    I have son and 3 granddaughters in the Ukraine.
    Their mother unfortunately passed away 2 weeks ago.
    The oldest girl is 14.
    Father is currently unemployed and recovering after spouse loss.
    We are looking into bringing the 14yo to the USA, preferably in a manner propmpt enough for her to begin the school year here.
    But, for that happen, we must have some sort of leagl status for her in the USA and legal enough for us to be allowed to place in school, etc.
    Yes, we are considering "family reunion" for my son, but it normally takes time, years.
    I am soliciting suggestions on how to have this worked out legally with the state.
    I thought of legal custody but am not sure if this is doable without court, and son is a good father. No wrong doings on his part.
    Then I found "kinship care" but am not sure if it the right way of doing it. He could sign off on "voluntary kinship care" paperwork and hopefully this will not just allow us to bring he in but, also, set her up with school and health insurance.
    Any thoughts?
    Thank you in advance.
  • 04-04-2015, 10:40 PM
    T53147
    Re: Kinship Care
    First, are you a US citizen?
  • 04-05-2015, 07:45 AM
    ukrkoz
    Re: Immigration Options for a Minor Grandchild
    Thank you
    Yes we are . Ten years if not longer and we are also well financially. All we need is to have it legit enough to place her in school and get on our insurance
    And school year not so far away
  • 04-05-2015, 11:23 AM
    T53147
    Re: Immigration Options for a Minor Grandchild
    Since your son is considered to be single, you can sponsor him with a relatively short (an immigration processing goes) wait. You should do that immediately after dealing with your granddaughter's situation.

    As for your granddaughter, she can get a student visa to attend a private secondary school and then the university. You There is no time limit on the holding of a student visa. You should begin immediately contacting private schools in your area to see if they issue I-20s for foreign students. You will need to pay tuition and purchase health insurance. It is unlikely that your health insurance will permit you to add her to your policy. Look at this website for schools in your area:

    http://studyinthestates.dhs.gov/school-search

    The issue is she needs to demonstrate that she does not have immigration intent as is the case for a student visa. I suggest that you enlist the services of an immigration attorney with a relationship with legal specialists where your son lives. Check the AILA (immigration attorneys' professional organization) to find someone anywhere in the US with services near your son's home. Since immigration law is federal practice, it is not necessary for the attorney to be near you; it is far more important for the attorney/firm to have specialized knowledge about US policies for Ukrainian citizens. You should also discuss the current situation in the Ukraine to determine if there are any options for refugee status for your son and other grandchildren.
  • 04-05-2015, 11:49 AM
    ukrkoz
    Re: Immigration Options for a Minor Grandchild
    Thank you.
    So you believe, a "kinship care" status is not attainable for her? It's weekend, talking to attorneys is not quite possible. But that is in plans, I doubt we'll manage without this. We have plenty of local ones, it's rather a vast and still growing community here.
    I simply wanted to seek preliminary opinions here, before going legal (and paid for) help. Forums have always been first line of help.
    Also, why private schools? I know that student exchange program will not work, as they do not permit choice of school. We looked into this few years back, schools decide who goes where.
    Best
  • 04-05-2015, 01:16 PM
    T53147
    Re: Immigration Options for a Minor Grandchild
    Public schools do not grant the I-20s required for F-1 visas. If she were here as a dependent such as H-4 or J-2, she would be admitted to public schools. The problem is obtaining a visa for entry which requires the I-20 for a student visa.

    Does your son have the education and skills for an H-1B, L-1, or J-1 visa? Would he be interested in an F-1 visa for himself? Could you support his tuition and the living expenses for all four of them? If he were the primary, the children could enter as his dependents.

    I am only familiar with the "kinship care" term in relation to foster care. As a foreign national living abroad, she would be ineligible for foster care. You may be thinking of the children who entered illegally and had to be placed and it was done with extended family members just to get them out of holding facilities.

    As for local attorneys, be sure they have the proper credentials, experience, and contacts in the Ukraine.
  • 04-05-2015, 05:26 PM
    ukrkoz
    Re: Immigration Options for a Minor Grandchild
    Quote:

    Quoting T53147
    View Post
    As a foreign national living abroad, she would be ineligible for foster care. You may be thinking of the children who entered illegally and had to be placed and it was done with extended family members just to get them out of holding facilities.

    Thank you, that's what I was looking for. I came across kinship when looking into foster, but I do not want to put foster angle onto this, no wrong doing from son. Even if it's pro forma only. Kinship sounded like a better, more gentle option.
    Kinship care is the full-time care of children by relatives. Kinship care occurs informally, when children are not involved with public child welfare agencies, and formally, when public child welfare agencies are involved in placing children with relatives. Informal and formal kinship caregivers are gaining greater recognition by federal and state governments for their roles in the child welfare system.
    http://www.wsipp.wa.gov/ReportFile/7...ull-Report.pdf

    I may try calling WA State DSHS and find out if this can be accomplished for an out of country relative.
    All other venues you mentioned will be time taking and I have simple reasons, mostly age related, not to drag on at least her relocation. The younger they are, the faster they adopt and have more doors opened education wise for them that way.
  • 04-05-2015, 09:55 PM
    T53147
    Re: Immigration Options for a Minor Grandchild
    While you are well meaning, you need to consider the effect on all of the children and your son if she were to relocate at a time when all are grieving the loss of their mother/wife. Your son needs her at home as a support to her younger siblings.

    I know of several young women from Estonia and Russia who came to the university and have adapted well to life in the US. One now teaches at a private school in town, and the other is an instructor at the university. There really is no rush. It is better to do it correctly than haphazardly. If you apply for your son, he can then apply for his children. He can obtain a reentry permit in order to stay with them until they receive a visa number. This is actually a faster way for them to obtain green cards.

    The key is for him to remain single until he has a green card otherwise his wait is much longer.

    I still recommend you meet with an attorney; be sure they specialize in family (not employment) issues.
  • 04-06-2015, 07:06 AM
    ukrkoz
    Re: Immigration Options for a Minor Grandchild
    Ambessy in the Ukraine responded.
    They have no provisions for kinship care .
    They recommended same - student visa
    It may be simply better to start family reunion. Get an attorney and do it the long but proper way. No big deal - I was 38 when we immigrated and did education and have good jobs. Be awright .
  • 04-06-2015, 07:22 AM
    llworking
    Re: Immigration Options for a Minor Grandchild
    Quote:

    Quoting ukrkoz
    View Post
    Ambessy in the Ukraine responded.
    They have no provisions for kinship care .
    They recommended same - student visa
    It may be simply better to start family reunion. Get an attorney and do it the long but proper way. No big deal - I was 38 when we immigrated and did education and have good jobs. Be awright .

    I know half a dozen families that have foreign teenage relatives living with them and attending school, via a student visa. It is honestly the simplest of all of the processes.
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