Welcome to AMEZOLA LEGAL GROUP, APC

This blog is created as a learning tool on the various complex areas of Immigration and Family Law. This is a general overview from the perspective of a California attorney.

Saturday, June 28, 2014

New Hope For Undocumented Children!!!


Many children live with caretakers who are not their biological parents.  When the child does not have legal immigration status there may seem to be no hope to obtain a green card or citizenship.  Now, through the diligent effort of the law firm of Strickland & Amezola, APC there may be new hope for these children. 
This new possibility comes from a case involving a young boy born in Mexico who was left with his uncle and aunt by his biological mother, who had problems with drugs.  The uncle died and the aunt, who is a United States citizen, brought the child to the United States without any immigration status and raised him as if she were his biological mother.  The San Diego County Superior Court held that the aunt was legally the child’s mother under California law.  This is called a “presumed parent” in California.  Under California law, a child may have two mothers, two fathers or a parent who has no biological relationship to them.  The child may or may not have been adopted by the caretaker.  The Hague Convention which makes the immigration of adopted children very difficult and very costly has no application if a Court finds that a caretaker is the child’s “presumed parent.”
In a ground-breaking decision, Attorney Barbara Strickland, on behalf of the firm, was able to convince Immigration that the California Court holding that the aunt was the “presumed mother” of the child was valid for immigration purposes.  A petition was filed with Immigration as if the child was the biological child of the aunt and was recently approved. 
The caretaker may be the grandparent, older sibling, other relative or the same-sex partner of the biological parent of the child. The biological parents may have been unable to care for the child due to drug problems, deportation or other reasons.  Sometimes the caretaker may have become guardians, but in other cases, the biological parent simply left the child with the caretaker with or without a written letter or power of attorney.  The caretaker becomes attached to the child and the child becomes attached to the caretaker. 
This decision brings new hope for undocumented children who have been cared for a significant period of time by a United States citizen or legal resident who has assumed the place of a biological parent.  If you have a similar case, please call the office for a detailed review of your case at (619) 230-1773 or visit our website for more information at http://myimmigrationatty.com/
By Barbara K. Strickland
Senior Partner, Strickland & Amezola, APC