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Filed: Other Country: Philippines
Timeline
Posted

Hello,

I hope someone can help with my problem.

I'm a 30-year old US citizen who is trying to petition my parents from the Philippines. I was adopted since I was only a few months old, but unfortunately, no adoption papers were signed. My petition was recently denied since there are no legal adoption papers, and my parents are also being charged with fraud.

My parents were poor and not educated, and didn't know that adoption papers were necessary when I was adopted almost 30 years ago. Is there a way that my petition can be approved? Can't they make an exception due to the fact that my parents didn't know of the rules? Can my biological parents help convince them that I was indeed adopted? I've been a model immigrant. My record is clean, no criminal record of any kind.

Thank you in advance,

- adopted

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Unfortunately ignorance of the rules is rarely an excuse.

Your best bet I think at this stage, is to speak with a lawyer and see whether you can get the documents officially done. Honestly though I think it's a bit late... though I don't really know how the law works in the Philippines once you're an adult an adoption can't in reality occur.

The reason I don't think your "biological parents" can do anything to help is because you WEREN'T adopted. You might feel that way, but in terms of the law, your biological parents abandoned you, and some nice kind people looked after you. OR they stole you. Or your biological parents needed the money and so they sold you (child trafficking). It's not a good situation. There is no PROOF. There is your parents word, and your biological parents word which essentially mean nothing because they could be "in on it" together.

One idea is perhaps school records or ANY records listing your parents as your parents? What about a name change document (if you use their last name)? How could you get anything done in the Philippines without proper documents that you're your parents child? What about your passport? Didn't you need your birth certificate? Did you submit your paperwork with your "adoptive" parents names on the G-325A or your biological parents? When applying with your "adoptive" parents names (if you WERE adopted this is what you would have written in the G-325A under "parents" details) you would have had to provide some document stating you WERE adopted and why the parents you listed on your paperwork didn't match your birth certificate... so honestly I'm confused about how YOU got YOUR visa.

I think we need a little bit more info. Specifically in regards to how you got your visa if you didn't have adoptive papers when if you honestly believe you're adopted you would have put their names on your paperwork when it asked for your parents details.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

I agree with PP, you could have worse troubles than not being able to bring your (de facto) adoptive parents to the USA. If you listed them as your legal parents on your own visa application, you might be charged with missrepresentation.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Other Country: Philippines
Timeline
Posted
Unfortunately ignorance of the rules is rarely an excuse.

Your best bet I think at this stage, is to speak with a lawyer and see whether you can get the documents officially done. Honestly though I think it's a bit late... though I don't really know how the law works in the Philippines once you're an adult an adoption can't in reality occur.

The reason I don't think your "biological parents" can do anything to help is because you WEREN'T adopted. You might feel that way, but in terms of the law, your biological parents abandoned you, and some nice kind people looked after you. OR they stole you. Or your biological parents needed the money and so they sold you (child trafficking). It's not a good situation. There is no PROOF. There is your parents word, and your biological parents word which essentially mean nothing because they could be "in on it" together.

One idea is perhaps school records or ANY records listing your parents as your parents? What about a name change document (if you use their last name)? How could you get anything done in the Philippines without proper documents that you're your parents child? What about your passport? Didn't you need your birth certificate? Did you submit your paperwork with your "adoptive" parents names on the G-325A or your biological parents? When applying with your "adoptive" parents names (if you WERE adopted this is what you would have written in the G-325A under "parents" details) you would have had to provide some document stating you WERE adopted and why the parents you listed on your paperwork didn't match your birth certificate... so honestly I'm confused about how YOU got YOUR visa.

I think we need a little bit more info. Specifically in regards to how you got your visa if you didn't have adoptive papers when if you honestly believe you're adopted you would have put their names on your paperwork when it asked for your parents details.

Thank you so much for your replies.

I married an american citizen in 2004, and I became a US citizen a couple of years later. I didn't really know I was adopted until last month, when my Mom mistakenly (voluntarily) told the immigration officer that I was adopted during her interview. My husband had petitioned me on fiancee visa in 2003-2004. I have a birth certificate.

My parents visited us here in US on tourist visa a couple of times in 2006 and 2007. They helped babysit my son, who was born in 2006.

I will look into getting the school records and other documents that you mentioned.

Thanks again.

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Thank you so much for your replies.

I married an american citizen in 2004, and I became a US citizen a couple of years later. I didn't really know I was adopted until last month, when my Mom mistakenly (voluntarily) told the immigration officer that I was adopted during her interview. My husband had petitioned me on fiancee visa in 2003-2004. I have a birth certificate.

My parents visited us here in US on tourist visa a couple of times in 2006 and 2007. They helped babysit my son, who was born in 2006.

I will look into getting the school records and other documents that you mentioned.

Thanks again.

So who is on your birth certificate? Your birth parents? Or your "adopted" parents?

Posted
Thank you so much for your replies.

I married an american citizen in 2004, and I became a US citizen a couple of years later. I didn't really know I was adopted until last month, when my Mom mistakenly (voluntarily) told the immigration officer that I was adopted during her interview. My husband had petitioned me on fiancee visa in 2003-2004. I have a birth certificate.

My parents visited us here in US on tourist visa a couple of times in 2006 and 2007. They helped babysit my son, who was born in 2006.

I will look into getting the school records and other documents that you mentioned.

Thanks again.

you came here on a fiancee visa, found out you're adopted only last month and there were no adoption papers ...so, was your BC must have been altered (illegally)

whatever the case is, whichever set of parents names are on your BC are the only parents you can petition for. this is how petition for immediate relatives start.

better if you can give more details on how you were "adopted" :)

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

Filed: Citizen (apr) Country: Australia
Timeline
Posted
you came here on a fiancee visa, found out you're adopted only last month and there were no adoption papers ...so, was your BC must have been altered (illegally)

whatever the case is, whichever set of parents names are on your BC are the only parents you can petition for. this is how petition for immediate relatives start.

better if you can give more details on how you were "adopted" :)

Yeah, this is interesting.. this sound to me that you submitted a fraudulent document (you'd have to PROVE it wasn't on purpose)... and you yourself could be in a WORLD of trouble, namely material misrepresentation which can result in the revocation of your citizenship under certain circumstances...

 
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