Your opinion is highly appreciated.

AwardMyGC

Registered Users (C)
Hello All,

I really need your help in getting closure to my sister’s fate.

Let me give you summation of, what happened in the past?

Back in 2003, all of sudden I heard my sister is perilously ill in India. After we arrived in India within a day, she left the world.

My sister was living with her five-year-old daughter in India and her husband lived/lives in USA but my sister got separated (not yet divorced legally) from him years ago (due to some other issues). For all the years after her marriage my father and mother were looking after my sister and her daughter. My sister went through appalling instance like torment from here in-laws, harassment from her husband and they even tried to kidnap her daughter to get back on my family. He left India to US deserting my sister and her child. To give a little milieu about this guy, from the time he got married to my sister, he has been erratic and had wrong intentions in his mind. So poor parents of mine did know how to cope up with him. He played some tricks and literally harassed my sister and family with bad words and actions. Efforts from my parents turned out fruitless. One fine morning he just left to US and he has never seen my sister’s daughter so far.

Since I am being in US, I went to see him to elucidate all the issues. But he verbally abused me before my friends and spoke negligently. My hands were tighten being brother of a poor sister. My family is going through this ordeal since the day my sister got married. And now loss of my sister petrified, my family is wondering how they are going to manage my sister’s daughter?

At one point my sister couldn’t handle this torment anymore, she launched a complaint (Dowry Case) against him and his family. Indian police acted upon receipt of this case and issued arrest warrant for his family through court. Since his parents are living in India they, where taken into jail for 30 days and later released them parole. For him court summon was released and mailed to his home address in US. He declined to accept the court summon. So there is pending arrest warrant for him in India he will/can be apprehended when he arrives in India.

He did visit India twice, when the case was pending but Indian police didn’t act quickly to get him apprehended so he fled India and arrived in US.

Now the biological father is ready to give the adoption rights (He hasn’t seen my sister’s daughter so far) to her grandparents or to her brother. But at the same time, he would like us to withdraw the dowry case, which was legitimately filed by my sister. He is trying to fake all of us as if he is interested with my sister’s daughter.

But my family, whatsoever do not want see him in our lives; he is ready to give in writing that he is no more responsible for this child.

Now I have to decide between my sister daughter future in one hand and on the other hand I would like to see this guy accountable for his actions as below:

Please let me know, if I can take any legal action passed on these following scenarios?

· Deserting my sister and her daughter in India
· Illegally holding on to my sister passport in US, so that my sister cannot enter US in any way
· Also claiming him as a single (not married) in green card application and applying for dissolution of marriage in local county court in US.

(As a brother of a poor sister (typical Indian women), who did not have enough resources and self-esteem to fight this guy, I feel responsibility to legally punish this individual on the above grounds)

At the same time, I understand there is going to be a lot of impact on family fronts because it is going take lot of time, money to pursue this guy etc. More than that my sister daughter custody will not be determined for a long time. Also my parents will not be able to travel to US. They will be pretty much held up in India for their life.

Any legal leads are appreciated.

Thanks in Advance

AwardMyGC
 
joef,

Can I have your outlook on this one?

Thanks in Advance,

AwardMyGC



AwardMyGC said:
Hello All,

I really need your help in getting closure to my sister’s fate.

Let me give you summation of, what happened in the past?

Back in 2003, all of sudden I heard my sister is perilously ill in India. After we arrived in India within a day, she left the world.

My sister was living with her five-year-old daughter in India and her husband lived/lives in USA but my sister got separated (not yet divorced legally) from him years ago (due to some other issues). For all the years after her marriage my father and mother were looking after my sister and her daughter. My sister went through appalling instance like torment from here in-laws, harassment from her husband and they even tried to kidnap her daughter to get back on my family. He left India to US deserting my sister and her child. To give a little milieu about this guy, from the time he got married to my sister, he has been erratic and had wrong intentions in his mind. So poor parents of mine did know how to cope up with him. He played some tricks and literally harassed my sister and family with bad words and actions. Efforts from my parents turned out fruitless. One fine morning he just left to US and he has never seen my sister’s daughter so far.

Since I am being in US, I went to see him to elucidate all the issues. But he verbally abused me before my friends and spoke negligently. My hands were tighten being brother of a poor sister. My family is going through this ordeal since the day my sister got married. And now loss of my sister petrified, my family is wondering how they are going to manage my sister’s daughter?

At one point my sister couldn’t handle this torment anymore, she launched a complaint (Dowry Case) against him and his family. Indian police acted upon receipt of this case and issued arrest warrant for his family through court. Since his parents are living in India they, where taken into jail for 30 days and later released them parole. For him court summon was released and mailed to his home address in US. He declined to accept the court summon. So there is pending arrest warrant for him in India he will/can be apprehended when he arrives in India.

He did visit India twice, when the case was pending but Indian police didn’t act quickly to get him apprehended so he fled India and arrived in US.

Now the biological father is ready to give the adoption rights (He hasn’t seen my sister’s daughter so far) to her grandparents or to her brother. But at the same time, he would like us to withdraw the dowry case, which was legitimately filed by my sister. He is trying to fake all of us as if he is interested with my sister’s daughter.

But my family, whatsoever do not want see him in our lives; he is ready to give in writing that he is no more responsible for this child.

Now I have to decide between my sister daughter future in one hand and on the other hand I would like to see this guy accountable for his actions as below:

Please let me know, if I can take any legal action passed on these following scenarios?

· Deserting my sister and her daughter in India
· Illegally holding on to my sister passport in US, so that my sister cannot enter US in any way
· Also claiming him as a single (not married) in green card application and applying for dissolution of marriage in local county court in US.

(As a brother of a poor sister (typical Indian women), who did not have enough resources and self-esteem to fight this guy, I feel responsibility to legally punish this individual on the above grounds)

At the same time, I understand there is going to be a lot of impact on family fronts because it is going take lot of time, money to pursue this guy etc. More than that my sister daughter custody will not be determined for a long time. Also my parents will not be able to travel to US. They will be pretty much held up in India for their life.

Any legal leads are appreciated.

Thanks in Advance

AwardMyGC
 
very sad to hear about your sister life. this case would be tricky that laws of 2 nations has to cooperate. anyway here are my thoughts (wait for joef or other people thoughts too)

1. its illegal for anyone to decline to accept the court summon. tricky part is its sent from india to a person residing in usa. if usa court has sent it then he will be in jail now. but you can use this against him in court to prove his moral. not sure how this court will react for foreign nation summon unless its political or crime oriented (unless its murdr or suicide).

2. declining to give support to children is illegal in usa. as he resides in usa that law will apply to him. you have the right to complain about him to your local police or you can pull him to the court. this charge will severely affect his legal status in this country (most like he will be deported).

3. holding others passport is illegal. it does not matter whether its spouse or employee or someone else (except your lawful dependants for lawful purposes). you should have strong proof for this. he will destroy the pp and claim that he dont have it. there should be some kind of communications in letter or email regarding this.

4. claiming has a single in greencard application when he actually a married person who have not "legally" divorced is illegal. he will loose his status, greencard and future entry for sure.

charging him with moral turpitude (domestic violence, failing to provide child support) will affect his legal status, gc and his future entry. not sure you would be able to withdraw the complaints your sister made. NEVER DO even if you or your parents can. do not settle for anything until he is punished by court (usa/india/uscis) for his acts.

you may also try to get some help from local non-profit organization for women welfare and seek help.

if he has committed all this atrocities then he should never be let go.
 
joef: "Not if the child is outside the country. Again, laws from one country don't apply in other countries."

agree that laws of one country will not apply in another country.

my point is any one who resides in the land of usa should abide its laws. that person resides here (it does not matter whether the child is here or not). its similar that a person should abide usa laws that he cannot have more than one wife irrespective of his religion or his country laws. my point is that thread starter (AwardMyGC) can pull him to court HERE in usa.
 
Thanks Joef and saigc. I really appreciate your time and effort.

AwardMyGC


JoeF said:
Well, child support is pursuant to a court order. So, if there is a order from a US court to pay child support, then he would have to pay. Court orders from other countries are not valid in the US.
Hmm, actually that's not quite true, either. It is illegal to practice polygamy in the US (INA 212.) What the person does while outside the US is beyond US laws.
As far as I know, only if the child lives in the US. There also is of course the issue that he could strike back: as father, he can easily get a US court to grant him custody of the child. He could then allege international child abduction...
Again, as I've said before, these things are hard to deal with, and require a good lawyer.
 
Can I process H4 Visa for my adopted daughter?

Joef and saigc,

As you know I am currently residing in US on H1B visa and in the process of pursuing my GC. I am planning to adopt my late sister's six-year-old daughter. She is living with my parent in India. Her biological father has decided to give adoption to me (FYI biological father living in US as well). I am wondering is it possible to bring her on H4 Visa to US after I adopt her? If it is possible, not sure should I have to go there or my parents can bring along with them? Your opinions/advises/suggestions are really appreciated.

Thanks in Advance

AwardMyGC
 
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