Docheps whose you will?

There is somehow some kind of Russian citizen, until time, happily living in America with an absolutely American husband, suddenly there was one very maternal question: if I suddenly die, then what will happen to my juvenile children from the first marriage, now constantly living with me in the USA? Really that? About it "I" told the lawyer "Inyurcleshell" Roman Stepanov.

Apparently, since this question arises – it means that these children have not yet become citizens of the United States. And, therefore, their legal status – Russian citizens permanently residing in the US. But since they are minors, their fate is not so unequivocal, whatever the fate would say, who did not receive citizenship or at least a residence permit, prematurely invalid with an American husband: for her reason, the foundations disappear for permanent stay in America, she deprived the status of a permanent resident, and it should be asked to. Moreover, fast divorces in such situations are visiting the American immigration authorities of thoughts about some fictitiousness of a supremely broken marriage.

So, in small non-citizens constantly living in America, mother dies. Other relatives (we are talking about the case when the second, the American husband did not adopt the children of his wife) they have no. Immediately arises the question – who will take on their functions on their care?

For example, they agree to take care of. If so, then he must contact the biological father and ask for his permission to issue a custody or even adopt children. If a biological father sends a notarized consent, and stepfather is not a drug addict, not a drunkard and not a tramp – then a custody or adoption will be allowed to him. After that, children on legal grounds will continue their stay in America and in due time will be able to claim citizenship.

If the biological father or other Russian relatives of children want to take them to Russia – there should be no problem with this (if the American husband does not mind). Through our consulate or through the mediation of the second husband, their mother all formalities will be quickly settled, and children will be willing to go home.

But to use the orphanhood of children in order for the whole Russian native to move to the States, can hardly be able to. Russian relatives who will be claimed in the consulate that the family reunites will be wishing for a family reunification and generally should be immediately and permanently moved to America to care for small children who themselves are not American citizens, in a visa, most likely refuse: Want to live with your children or grandchildren – here and take them home. And America under the care of the state is ready to send them to the airport.

Therefore, if you have children or grandchildren with a similar status in the US – try to always have an American visa in the passport, and the actual time for a long time: let it be with you just in case. And if this every case comes – you can go to the US at any time.

But it’s easy to return the children home only if the American husband does not oppose this: after all, it will be able to establish temporary custody, according to American laws, will be able to establish without the consent of the biological father, and who will still give controversial children, will decide the American court. And this means that Russian relatives will need to live for a long time in America or fly there, and still – spend money on expensive American lawyers. That far from everyone can afford; In a word, with the persistent desire of the American stepfather, children will remain with him. And our consulates, as practice shows, do not provide special care in family affairs.

If the American husband does not want children, and Russian relatives would like to leave them to live in America, they can except that they can define them in a private school or a private kindergarten: a patronage of minors may also establish, provided that it is able to create such Conditions in which a child from morning to night is under whose supervision. Naturally, pay for all this will have to Russian relatives.

The saddest version is when children do not want an American stepfather, nor Russian relatives. In a word, children are drawn drawn, and even without care and without legal grounds to live in America. But still children do not deport: state authorities first try to find their Russian relatives, contact the consul and ask: here we have your children. Take you?

And if there is no one who wanted these children – they will be placed in the American orphan shelter. And then they will become American citizens, and then it is unlikely to get ready to become Russian relatives who will certainly be detected here.