Child of USC under 21, I-130 approved, awaiting interview

[DanielG 0]

Hello everyone, I'm struggling with my case and I was hoping you could all shed some light on me.

Some background information first... I'm 21 but filed under the CSPA when I was 20. My I-130 was approved after a request for evidence. I just sent form DS-230 with all the required supporting documents and I am awaiting a response and interview date in Bogotá, Colombia.

Back in 2002 (I was 12 years old), I traveled to the United States to become adopted by my aunt and her husband so that I could become a resident immediately. My aunt is a USC by naturalization and her husband is a USC by birth. They have been married for almost 20 years and they have 2 children. We went through the whole adoption process, in which I got a birth certificate from the state of California and all the court documents stating I was, indeed, adopted. I went to school in the US (8th and 9th grade) and never had any run ins with the law or any unacceptable behavior. In the year 2004, right as the adoption process was about to be finished, a personal issue had me coming back to Colombia IMMEDIATELLY, getting my visa stamped with "Cancelled without prejudice" as I arrived here. I have not been able to enter the United States since August 2004 (14 years old), although the adoption process was never stopped so I am still the child of both USCs.

Since it was impossible for me to go back to the US, I started going to school here, and 7 years later, here I am graduating college as a Veterinarian. No criminal background or unlawful activity in Colombia either.Last year we started this whole process to try and get my visa back so that I can go and live in the US, but I am afraid my visa will be denied during the interview. I have documents proving I have been going to school full-time ever since I came back from the US, and I also submitted criminal records with the DS-230.

I was wondering if anyone has had a similar situation happen, and if there is a chance I will get my visa approved after all of this. If I don't get it approved, what could be some of the reasons behind that? Are there any documents I can get to make my case stronger? Thank you very much, I'm really lost here!

[Alex B 9]

IMMEDIATELLY, getting my visa stamped with "Cancelled without prejudice" as I arrived here.

I'm not sure about the other parts of your case but the term "Cancelled without prejudice" means that your visa was cancelled for administrative reasons, you hadn't done anything wrong. The term is a legal term meaning that you are eligible to apply for a visa in the future. When I got my GC the INS officer went through my passport and cancelled all of my visas "without prejudice" and I was just fine.

Good luck with the rest of your case.

[Deputy Purple 1,294]

You do understand that adoption for immigration purposes isn't legal right?

In order for an adoption to qualify you for immigration benefits you must meet a few requirements such as being an orphan.

Do you meet the requirements?

[Jojo92122 1,924]

Hello everyone, I'm struggling with my case and I was hoping you could all shed some light on me.

Some background information first... I'm 21 but filed under the CSPA when I was 20. My I-130 was approved after a request for evidence. I just sent form DS-230 with all the required supporting documents and I am awaiting a response and interview date in Bogotá, Colombia.

Back in 2002 (I was 12 years old), I traveled to the United States to become adopted by my aunt and her husband so that I could become a resident immediately. My aunt is a USC by naturalization and her husband is a USC by birth. They have been married for almost 20 years and they have 2 children. We went through the whole adoption process, in which I got a birth certificate from the state of California and all the court documents stating I was, indeed, adopted. I went to school in the US (8th and 9th grade) and never had any run ins with the law or any unacceptable behavior. In the year 2004, right as the adoption process was about to be finished, a personal issue had me coming back to Colombia IMMEDIATELLY, getting my visa stamped with "Cancelled without prejudice" as I arrived here. I have not been able to enter the United States since August 2004 (14 years old), although the adoption process was never stopped so I am still the child of both USCs.

Since it was impossible for me to go back to the US, I started going to school here, and 7 years later, here I am graduating college as a Veterinarian. No criminal background or unlawful activity in Colombia either.Last year we started this whole process to try and get my visa back so that I can go and live in the US, but I am afraid my visa will be denied during the interview. I have documents proving I have been going to school full-time ever since I came back from the US, and I also submitted criminal records with the DS-230.

I was wondering if anyone has had a similar situation happen, and if there is a chance I will get my visa approved after all of this. If I don't get it approved, what could be some of the reasons behind that? Are there any documents I can get to make my case stronger? Thank you very much, I'm really lost here!

Are your biological parents alive? Who did you live with after you went back to Columbia?

Was the adoption finalized? You gave contradictory information. You said "we went through the whole adoption process" which implies it was finalized. Then you contradicted yourself by saying you had to leave "right as the adoption process was to be finished" and that it "the adoption process was never stopped."

It is unlikely that you aunt will be able to petition for you. First, if the adoption process was never finished then you are not her adopted daughter. The adoption process did end because you left the US and a US court did not have jurisdiction over you. Second, if you were legally adopted, the fact that your adopted parents never formed a relationship with you because they choose to live in the US while you lived in Columbia is not good. Third, if both your biological parents are alive, you don't satisfy the definition of an orphan which would allow an adopted parent to bring you to the US.

Do you understand that an aunt can never petition directly for a niece, right? The law also does not let the aunt petition for the niece as an adopted child if the biological parents are alive. This is just immigration fraud to bring an unqualified niece over as an adopted child. The law does not allow this. If the law did allow for this, everyone would adopt family members that don't qualify for an immigration benefit by claiming those people as adopted children.

Edited October 20, 2011 by Jojo92122

[DanielG 0]

Are your biological parents alive? Who did you live with after you went back to Columbia?

Was the adoption finalized? You gave contradictory information. You said "we went through the whole adoption process" which implies it was finalized. Then you contradicted yourself by saying you had to leave "right as the adoption process was to be finished" and that it "the adoption process was never stopped."

It is unlikely that you aunt will be able to petition for you. First, if the adoption process was never finished then you are not her adopted daughter. The adoption process did end because you left the US and a US court did not have jurisdiction over you. Second, if you were legally adopted, the fact that your adopted parents never formed a relationship with you because they choose to live in the US while you lived in Columbia is not good. Third, if both your biological parents are alive, you don't satisfy the definition of an orphan which would allow an adopted parent to bring you to the US.

Do you understand that an aunt can never petition directly for a niece, right? The law also does not let the aunt petition for the niece as an adopted child if the biological parents are alive. This is just immigration fraud to bring an unqualified niece over as an adopted child. The law does not allow this. If the law did allow for this, everyone would adopt family members that don't qualify for an immigration benefit by claiming those people as adopted children.

My biological parents were in an EXTREMELY bad economic situation at that time, which did not allow them to provide me with anything beyond my basic needs. That was never covered up during the whole process. Ever since the first document we sent it was stated that the reason for my adoption was the inability of my biological parents to support me. I lived with my adoptive parents (i.e. my aunt) for a little under 2 and a half years and the adoption took place BEFORE I turned 16. As far as I know, I satisfy those requirements, but I was not aware of having to have one parent dead to qualify as an orphan.

And what I meant in that contradiction is that I had to leave the United States before I actually got my green card and other official documents, but the whole process was finalized and I WAS legally an adopted son BEFORE I left the US. I even have a "California Court Ordered Delayed Birth Certificate" stating my adoptive parents are my legal guardians/parents in the US.

And about who I lived with when I left the US, I lived with my grandmother (aunt's mother) and another aunt. I never lived with my biological parents, although they are both alive. They never recovered from the economic crisis and were never able to support me, so my adoptive parents did support throughout all these years and they paid for my college tuition too. Another reason I stayed here is because of the cost of Veterinary Medicine education in the US. I would have never been able to go to Vet school over there, and since that is all I have ever wanted to be I stayed here, where I could afford it.

I'm sorry if I wasn't clear enough, I hope this helps. Thanks for the input, I really appreciate it!

[Jojo92122 1,924]

My biological parents were in an EXTREMELY bad economic situation at that time, which did not allow them to provide me with anything beyond my basic needs. That was never covered up during the whole process. Ever since the first document we sent it was stated that the reason for my adoption was the inability of my biological parents to support me. I lived with my adoptive parents (i.e. my aunt) for a little under 2 and a half years and the adoption took place BEFORE I turned 16. As far as I know, I satisfy those requirements, but I was not aware of having to have one parent dead to qualify as an orphan.

And what I meant in that contradiction is that I had to leave the United States before I actually got my green card and other official documents, but the whole process was finalized and I WAS legally an adopted son BEFORE I left the US. I even have a "California Court Ordered Delayed Birth Certificate" stating my adoptive parents are my legal guardians/parents in the US.

And about who I lived with when I left the US, I lived with my grandmother (aunt's mother) and another aunt. I never lived with my biological parents, although they are both alive. They never recovered from the economic crisis and were never able to support me, so my adoptive parents did support throughout all these years and they paid for my college tuition too. Another reason I stayed here is because of the cost of Veterinary Medicine education in the US. I would have never been able to go to Vet school over there, and since that is all I have ever wanted to be I stayed here, where I could afford it.

I'm sorry if I wasn't clear enough, I hope this helps. Thanks for the input, I really appreciate it!

Unfortunately, I don't think you will be able to immigrate to the US. US laws requires an adopted child be an "orphan" in order for that child to be granted a visa. If the adopted child has two living parents, then the child is not an orphan. While the adoption is legal, the law does not allow an immigration benefit.

Look at your situation from another point of view. You are a niece and no one can petition for a niece. By adopting you, your aunt becomes your adopted mother. If she is allowed to petition for you, then she would essentially be able to circumvent the immigration laws. Now, imagine your situation multiplied by all the aunts and uncles out there with nephews and nieces all over the world. If what you wanted was possible, then all these people would adopt their nephews and nieces. This is why what you and your aunt did is not going to lead to an immigration visa.

[Boiler 45,693]

I do not see the qualifying relative?