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What is the best legal process to relocate my wife's niece (8 years) and nephew (14 years) from El Salvador to Colorado Springs?

Colorado Springs, CO |

Escalating gang activity, numerous threats of kidnapping, harrassment and corruption by the local police, have caused growing concern from our family members living in El Salvador. I am a US born citizen and military, my wife is from El Salvador and we are trying to help relocate her sister (sister's husband and two children) to the United States. The reoccurring kidnapping threats have engaged us to immediately seek protection and relocation of the children, but our ultimate goal is to try to avoid separating the family. Several attempts and several iterations of legal fees have been made by our family in El Salvador through normal government channels, but unfortunately to no resolve. We are seeking legal assistance to learn about other legal situations helpful to this situation. Thanks.

Attorney Answers 6

  1. While you have flagged several practice areas for your question, none of them are the correct practice area for this type of question. I am changing the practice area to Immigration, where you are more likely to get answers from people who understand the law related to your question. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

  2. The answer to your question depends on some very specific facts that are not included in your post. Immigration law is all about finding which legal category might fit your particular set of circumstances. We usually determine that during a face-to-face meeting, called consultation, in which I ask a series of specific questions to try and determine what, if any, immigration benefits may be available to your family members. In other words, you really should take the time to sit down with an experienced immigration attorney to discuss your situation.

    Please be aware that this response does not constitute the formation of an attorney-client relationship between you and me. I am licensed to practice in Colorado, Arizona and Utah only. Unless I indicate otherwise, my answer is based on general legal principles, and not necessarily the laws of your state or the particular facts of your situation. If you would like to discuss the potential for establishing an attorney-client relationship, please feel free to contact me so that we can discuss the particulars of your circumstances, and our firm's requirements for engaging our services.

  3. An immigration attorney should sit down with your family to determine if there what kind of visa would be appropriate. The kids might be able to get student visas. If the parents are professionals, they may qualify for a work visa and bring the children with them as derivatives.

    Please note that this response is for informational purposes only and does not create an attorney-client relationship.

  4. Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated.

    I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your family's situation. (S)he would then be in a better position to analyze their case and advise you of your options.

    Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.

  5. This is an immigration law question and not a family law question. Good luck to you and your wife's family.

  6. In a dire situations you describe some family members adopted their spouses relatives children in order to save their lives from imminent threats in their countries. Adoption should be properly accomplished possibly following the Hague Convention rules (depending on the country) in order to be able to receive immigration benefit in the future. It is not a simple and quick process but short of seeking refugee status whenever possible it is one of the possible opportunities for your wife's niece. Definitely consult with experienced immigration attorney who had done it before or has enough tenacity to see the process going through.

    We are full service immigration and international family law firm with attorneys licensed to practice in Colorado and Federal Courts. We do not give legal advice on this website and you can not rely on internet without proper legal consultation or legal representation. If you need legal advice please contact this firm or other attorneys in your jurisdiction.

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