Adopted Child, Petitioning Biological Parent

[kalel_unico 0]

Hi To All,

I was adopted by my Aunt back in the 90's who is a USC. I received my LRP/Citizenship through my job not through adoption. All my documents(birth cert, adoption paper, etc.) I submitted to USCIS has my Aunt's name on it. I'm now a USC and I want my biological parents be petitioned. Can I petition my biological parents? What's the rule on petitioning biological parents? Thanks.

kalel

[YuAndDan 153]

Here is the deal, in the eyes of immigrations your Aunt is your adoptive mother now, in order to be adopted, your biological parents had to give up parental relationship. This in effect cuts off your ability to file a petition.

I don't believe USCIS will approve this due to your adoption.

http://www.uscis.gov/files/form/i-130instr.pdf

I believe you fall under #1

[Inky 1,110]

If you were adopted at birth and spent 25 years living with your adoptive parent, can you still file even tho you haven't lived with them in that " 2 years prior to filing? " because you have been living in the USA?

[LIFE'SJOURNEY 970]

His Biological parents gave up their rights as his parents when they gave the OP up for adoption. The OP's Bc list his adopted parents as his parents, therefore the OP will not have any thing to show any legal ties to his bio parents. The simple answer is NO, the OP can not petition for his bio parents.

[Inky 1,110]

If you were adopted at birth and spent 25 years living with your adoptive parent, can you still file even tho you haven't lived with them in that " 2 years prior to filing? " because you have been living in the USA?

errr I totally muddled up my post, not filing for biological but file for the adoptive parent. lol..

[kalel_unico 0]

thanks guys! here is more confusing: the US gov did not recognize the adoption, but the country that my bio parents live does recognize the adoption, that's why I have the new birth cert., new surname, etc.. But our problem is, all the documents I submitted when I apply for a job here in the US has the name of my adoptive parents. I need the specific law for petitioning biological parents. Thanks.

[LIFE'SJOURNEY 970]

Consult with a lawyer or go to www. USCIS.gov

[Jojo92122 1,924]

Your story seems a bit unclear. I am making some assumptions here. Is this your story?

1. USC aunt adopted you. Your mother and father agreed to the adoption. The reason for the adoption was to try to get you an immigration visa to the US.

2. Your aunt petitioned for you as her adopted child, but she could not because you were not an orphan. (This is why you mentioned the US governement does not recognize the adoption.)

3. How did you enter the US? Did you enter on a work visa? H1B?

[kalel_unico 0]

Your story seems a bit unclear. I am making some assumptions here. Is this your story?

1. USC aunt adopted you. Your mother and father agreed to the adoption. The reason for the adoption was to try to get you an immigration visa to the US.

2. Your aunt petitioned for you as her adopted child, but she could not because you were not an orphan. (This is why you mentioned the US governement does not recognize the adoption.)

3. How did you enter the US? Did you enter on a work visa? H1B?

1) & 2) You are correct, but since USCIS needs 2 years custody, my Aunt did not pursue the petition.

3) I entered thru work visa.

[LIFE'SJOURNEY 970]

So his problem is he cannot change his adoption 'sto be in-valid in his home country, which has issued his now new BC with his aunt name has his parents. Therefore his BC no longer shows a relationship between him and his bio parents. This is what happens when you try to defraud US govt for the purpose and intent to migrate. Because of his age no court will reverse the decisions that they have made in haste.

[Deputy Purple 1,294]

1) & 2) You are correct, but since USCIS needs 2 years custody, my Aunt did not pursue the petition.

Actually USCIS requires 2 years custody & you being an orphan to qualify for immigration purposes.

Your problem is that your adoption is recognized by both your home country and the US so your biological parents are not your legal parents. The result is that you don't have a petition-able relationship with them.

[NigeriaorBust 4,087]

The only possible solution would have been for your bio parents to adopt you from your aunt before the age of 16. Adoptions after that age aren't allowed either. I think it is too late to do anything about your bio parents.

[Jojo92122 1,924]

Before you decide not to petition for your parents, you should consulate a really good immigration attorney.

Look at "Who May Not File Form I-130?" It reads "You may not file for a person in the following categories; 2. A natural parent, if thh US citizen son or daughter gained permanent residence through adoption."

You did not gain permanent resident through adoption. You gained permanent residency through a work visa. Therefore this restriction does not apply to you. A good attorney may help you argue that since you did not gain legal resdidency through adoption, you can petition for your natural parents.

You may have to go back and get the adoption voided because you never lived with your aunt as a child. This may help you get a birth certificate with your natural parents' names.

Your aunt and your parents did a very stupid thing by arranging the adoption solely for the benefit of getting an immigration visa. The cost may be that you can never petition for your parents. However, a good attorney may be able to help you fix this. Be prepared to pay a lot because the cases for your parents will be very complex because you may need to undo the adoption in your home country.