Un lawful green card

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Badrakumar

Registered Users (C)
I am a divorcee. My ex-wife and my self are Indian citizens with Indian passport. Both of us are working in UK. Our divorce happened in UK. We have a son 10 yrs. old and he lives with my ex wife. He is studying year 6 in Glasgow. I have contact rights and my son comes to stay with me during holidays. We all live in Scotland. The law of scotland is slightly different from England and Wales.

According to Scottish law for a the mother to migrate out of Scottish jurisdiction with my son she need fathers permission.

My ex-wifes father is US citizen. She got a green card for her and my son. She has not taken my consent or even let me know till she got the green card.

Can I challenge this? How do I go ab out it? Please help.
 
Are you legal residents/citizens of Scotland (UK)? or are you there on a temporary visa?

To my knowledge, you cannot challenge your son's permanent residency in the US. However, you may be able to challenge his ability to leave Scotland altogether. You will need to find out more on laws in Scotland, not the US.
 
Yes I am a legal resident here for more that 3 years and have full contact rights with my son. I am on Highly skilled migrant programme.

The Scottish Children's act 1995 states fathers permission is needed for migration outside scottish jurisdiction.
 
Lawyer in US or UK. My ex is unwilling to reveal any information about the green card. My solicitor in UK has written 2 letters and she is not replying.
 
There are international laws restricting the migration of children across national borders without both parents' consent, and you may indeed be able get help from the US and Scottish governments to stop her from taking him to the US. And the Indian government if he is an Indian citizen.

When applying for his green card without your involvement, she probably had to lie saying that you abandoned the child, or she produced forged documents saying that you gave permission to move him to the US. That sort of fraud would be grounds for revoking the child's green card and/or her green card. You need to get your lawyer to contact the US consulate. And the airlines that depart from the UK, so they can have an alert to watch for the two of them if they attempt to travel.
 
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Thanks
Looks like she applied for Green Card in Texas. Back in 2005 she asked me to sign a document permitting her to migrate. I refused. At that time I was living in India and she was living in UK. But I continued to have the contact right right from the time of divorce in UK. Our divorce happened in Scotland in 2003 and since then I maintained the contact with my son by traveling from India every year to visit my son. From 2006 I started living in UK.

I have a solicitor here working on the case here. Is there any specific Consulate office for Texas that my solicitor has to contact. Because I have no details of the green card and she is refusing to give any details in spite of repeated requests by me or my solicitor. Is there any means of reporting this case without those details to the consulate. Or As a father how can I get those details from US. Any help is most appreciated. Thanks once again
 
There are no US consulates within the US.

This is US consulate in Scotland: http://www.usembassy.org.uk/scotland/index.htm

You surely must know her full name and date of birth (and her maiden name), and your son's full name and date of birth, and you probably have a copy of your son's birth certificate, and your divorce decree. You probably know her father's full name as well. With all that information they should be able to identify her and your son's green card records (not that they'll give the records to you, but they can set an alert on her file so when she attempts to enter the US the officer at the airport will see it). She probably forged your signature on that document that you refused to sign.

Do you know where she is living in Scotland? Or if she is still in Scotland? You should also report her to the police if you haven't already done so. If she attempts to take him out of the UK without your consent, that may be considered international kidnapping. They might be able to stop her if she hasn't left the UK yet.
 
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Back in 2005 she asked me to sign a document permitting her to migrate.
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she doesn't need your permission to immigrate. Your child does.

You probably know her father's full name as well. With all that information they should be able to identify her and your son's green card records (not that they'll give the records to you, but they can set an alert on her file so when she attempts to enter the US the officer at the airport will see it).
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the alert will happen when the child tries to leave Scotland, not when they are already entering the US.

You can request to revoke child's passport. But you have to work with Scotland's government to do that (or whatever country issued his passport), not with the States. The US govt cannot revoke your child's passport. However, the consular officer may and must refuse to issue an immigrant visa to a child without the other parent's permission. Your wife probably only has a petition pending at this time, not even GC.

I don't know about Scotland, but in many other countries, once the child reaches 14 years of age, he/she does NOT need permission from the non-custodial parent to leave the country. So, your child may be able to immigrate once he turns 14 anyway. Considering that petitions for sons/daughers of US citizens are usually pending for years, and this one may have been filed in 2005, that means that your child may be well over 14 years old by the time his priority date becomes current and he may be eligible for an immigrant visa.
 
When he grow up, he will ask you why you screwed up his life. Scotland is not USA, think about it.
 
lehigh said:
When he grow up, he will ask you why you screwed up his life. Scotland is not USA, think about it.
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Are you serious with this comment?
I've never heard anything more insane!!
The US is a great place but so is Scotland.
If his mum takes him from Scotland, he may just turn round to his mum and and ask HER why she screwed up his life.
BOTH are great places to live.
 
LucyMO said:

You can request to revoke child's passport. But you have to work with Scotland's government to do that (or whatever country issued his passport), not with the States. The US govt cannot revoke your child's passport. However, the consular officer may and must refuse to issue an immigrant visa to a child without the other parent's permission. Your wife probably only has a petition pending at this time, not even GC.
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Forgive my ignorance. What do you mean by revoke child's passport. The greencard must have been issued either by Edinburgh US consulate or in Texas.

My son has Indian Passport but lives in Scotland.
 
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Badrakumar said:
Forgive my ignorance. What do you mean by revoke child's passport. The greencard must have been issued either by Edinburgh US consulate or in Texas.

My son has Indian Passport but lives in Scotland.
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Consulates do not issue green cards. They issue immigrant visas. Once an immigrant enters the US with an immigrant visa, he becomes a permanent resident and receives his plastic green card in the mail.

If you don't want somebody traveling outside the country, you get the country's authorities to revoke the passport. Since the passport is Indian, you may need to work with the Indian authorities. I don't know how you in particular will go about getting the child's passport revoked.
 
LucyMO said:
the alert will happen when the child tries to leave Scotland, not when they are already entering the US.
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That's what should happen if the Scottish authorities and all the airlines are on top of the situation and do their job perfectly. But that doesn't always work; sometimes an airline clerk doesn't get the memo or isn't paying attention. So it's better to have both the Scottish authorities and US authorities aware of the situation.
 
Badrakumar said:
Forgive my ignorance. What do you mean by revoke child's passport. The greencard must have been issued either by Edinburgh US consulate or in Texas.
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It must have been approved at the consulate, although your ex-wife's father may have submitted the initial paperwork in Texas. If Texas approved the green card, that would have required your son to be in the US for the adjustment of status processing.
 
LucyMO said:
Considering that petitions for sons/daughers of US citizens are usually pending for years, and this one may have been filed in 2005, that means that your child may be well over 14 years old by the time his priority date becomes current and he may be eligible for an immigrant visa.
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From the OP's first message, apparently she already obtained an immigrant visa for herself and the boy.
 
apparently, he doesn't know much about the situation:

My ex is unwilling to reveal any information about the green card.
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Her father may have applied for it in 2005. We don't know. OP doesn't know either. A lot of people not familiar with US immigration system are confused about the difference between I-130 applications, GCs and immigrant visas.
 
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