Permanent residency for a minor
- Thread starter cokolinka17
- Start date
Sole custody was likely granted so aunt and uncle can make decisions regarding things like the child's health given the parents are not in the country. Sounds like the parents had the child in the US and then had to return to Pakistan. Whether they had legal status at the time who knows. Wanting the best for their child they sent they son to stay with their brother/sister for a western education. That is exactly what an adoption of convenience is. Although the child has been in your care for 5 years he was in the care of his parents for 11 years. I would imagine he still has regular communication with them and refers to them as mom and dad. That's not a case for H&C either. This is a family decision not an adoption or an H&C case. If I had to guess the child likely visits this parents annually (or at least every couple of years) in Pakistan. He could return to Pakistan, if necessary, to continue his schooling. Unfortunately if he goes to university this will get even more expensive. Would likely have been better to save money for his university education not high school. Sure this is the case of a loving aunt and uncle but doesn't change the facts.
Child was with the parents for the first 8th months of his life. He was then with grandparents because as I said, parents are out of the picture. They have problems and we’re not in conditions to take care of the child. Child was given to aunt and uncle because the grandparents are old (80+), Heck aunt and uncle are in their 50’s already.
Might be simple if everyone was in the same country but with parents, grandparents and potentially other family in Pakistan this still becomes adoption of convenience. The cultural practice of "adopting" children within families also creates an issue for you unfortunately.
This is a moot point at the moment because no "adoption" has taken place. It's only "guardianship/custody" , which means that the child is not an eligible dependant.