Undocumented Minor/Gaurdian Issues

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merajay15

New Member
My ex boyfriend who is undocumented left me with his undocumented son who is 11 years old. I love the boy and would like to make steps toward making him legal. All I have is a letter from his parents stating that I am his gaurdian. That has been fine for getting him into schoold. I do have his passport and other documents from his country of origin. How do I proceed? I am a us citizen. :confused:
 
I'm not sure if I have legal custody? All I have are letters from his parents identifying me as his legal gaurdian, this has been acceptable to the school. Both his parents live in his country of origin.
 
Be very careful here. Just by having him live with you right now without any government-issued papers from his country authorizing him to live with you, you could possibly get in trouble for child abduction. To get legal status for the child, you'll have to be a US citizen and legally adopt him. But you'd be diving into international child welfare laws and maybe the Hague convention. Get a lawyer or send him back ASAP.
 
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Since he is under 18, his illegal presence is not being held against him and will not if he returns to his parents. It is better for his future if he does not accumulate illegal presence after age 18.

If you are concerned for his welfare, you could be better off sending the financial support you are now providing to his parents so that they could enroll him in private school in their country and otherwise provide for his care.

What may work for schools may not if he needs medical care. You are placing yourself - and him - at risk unless his immigration and custody is properly handled. You may need to consult both immigration and family law attorneys. Do this before doing anything else.
 
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