Can my sister who is a u.s citizen seek assilum for her daughter who was abused by her dad but social services are recommending unsupervised contact her daughter is a British citizen
State/Country relating to question: Colorado
Court system in the u.k which is failing the child's safety
Most likely not. This abuse happened outside of the U.S.? How old is the daughter? What is her date of birth?
The little girl is three she will be four in September the mom has dual nationality
Well, the first thing to do is get the child out of danger as quickly as possible. The U.S. won't get involved in that if she is living in the UK. Child services there has to get involved and the local police. Asylum is for those that are being persecuted because of their race, religion, nationality, social group or political opinion, so that will not work. Her mother should get a UK court to grant her full and complete custody and should file an I-130 for her daughter to bring her to the U.S. as a U.S. Lawful Permanent Resident. Once she enters like that, her mother can file an N-600 so that her daughter would receive a Certificate of U.S. Citizenship. Here is a link on how her mother should file for her:
Unfortunately, the process takes about a year. She can try to have it expedited because of the seriousness of the problem. Here is a link to that:
And if the expedite fails, she can try to get her daughter in quickly on a Humanitarian Parole:
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Because of her age and lack of medical evidense they will not believe that she has been sexually abusedby her father it has been very clear she has as she has been vocal and also showed what has happened for some reason social services are totallybon the fathers side can she leave if no one in the system will help. Also I she just left would they really come to get them back to the u.k we are at our end trying to protect my niece as of right now my sister in cotempt of court as she has notntKen her for her supervised visits with this awful man. But social services have made it very clear that they are recommending unsupervise vitiation rights to the father
Unfortunately, she cannot just leave. Her has to get more evidence and fight the case. Her mother cannot just take her because that would be kidnapping. She doesn't have to wait for child services to initiate any action. She can file a petition with the local family court and fight for full custody and the permission to take her out of the UK. I wish I could tell you more, but the system exists for a reason. Imagine, if you will, the opposite situation, a father that is innocent and a spiteful mother that just wants to hurt the father so creates false sexual abuse allegations in order to obtain full custody and steal away the child. So the system has to be there both to protect the child from abuses and prevent the abuse of one parent over the other. In the end, what they are supposed to do is always in the best interests of the child. It doesn't always end up that way, but that's what is supposed to happen. I am truly sorry. I know it isn't a fast and easy solution, but at least you have the legal method on how to do what needs to be done. Please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
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