adopted parent (mother) bringing adopted child to US

[samfish 0]

Hello.

I'm about to bring my son who I adopted since he was 5 to the US. I just have some basic questions because I don't want to get it wrong.

from my understanding, the FIRST step I need to do is file form I-130.

is this correct? I do not need to fill out any form at this point?

obviously, I will need to send in court docs showing my custody.

are there any other required docs I need to send in? ...such as affidavit of support?

thanks for your time.

[Penguin_ie 5,997]

How old is your son?

When did you come to the USA and how?

Are you still a greencard holder?

Which country are you from/ is he in?

There are several ways to petition and to advice you which is the fastest/ best way we need to know the answers to those questions.

Edited April 8, 2014 by Penguin_ie

[aaron2020 11,651]

Hi.

Your first step should be to determine if your adopted son qualifies for an immigration visa.

Does the adoption meet the requirements for a visa?

Not all adopted children are eligible for visas.

[samfish 0]

I came to the US last month on March 15th.

I'm from Cambodia.

My visa was IR-5 visa.

"Does the adoption meet the requirements for a visa?"

I adopted him since he was 5. he was born in 1994, he's now 20 yrs old.

I have read the I-130 instruction, and it seems he qualifies as an adopted child?

[aaron2020 11,651]

Who did you adopt him from? A relative?

Are his biological parents alive?

[samfish 0]

both parents are still alive.

his biological parents are my relative.

[RhettVoe 282]

Expect a lot of scrutiny...

[NigeriaorBust 4,087]

http://www.uscis.gov/adoption/country-information/adoption-information-cambodia Interesting read you may have a lot of issues ahead of you, I think this takes out of the do it yourself catagory

[aaron2020 11,651]

both parents are still alive.

his biological parents are my relative.

When was the legal adoption finalized?

Under what circumstances did they parents give the child up to adoption to you?

[aaron2020 11,651]

http://www.uscis.gov/adoption/country-information/adoption-information-cambodia Interesting read you may have a lot of issues ahead of you, I think this takes out of the do it yourself catagory

What you quoted is for a Hauge Convention adoption by US CITIZENS.

The OP is an LPR.

This is not a Hague Convention adoption. It falls under the "other adoption related immigration" category. See here; http://www.uscis.gov/adoption/immigration-through-adoption/other-adoption-related-immigration

[Boiler 46,155]

On the basis of the limited information supplied I do not see why not, Take about 8 years.

[Christi85 86]

On the basis of the limited information supplied I do not see why not, Take about 8 years.

My understanding was that dependents can only be applied for if they are under 21 and unmarried.

OP said her son is now 20 years old. Given that it's highly unlikely that his immigration process will be completed within months, will he still be eligible to immigrate in 8 years give or take, when he will be around 28? Or is the age restriction just at the time of filing?

[aaron2020 11,651]

My understanding was that dependents can only be applied for if they are under 21 and unmarried.

OP said her son is now 20 years old. Given that it's highly unlikely that his immigration process will be completed within months, will he still be eligible to immigrate in 8 years give or take, when he will be around 28? Or is the age restriction just at the time of filing?

Hi,

You should take a look at CSPA.

CSPA freezes the age of Immediate Relative beneficiaries at the time of filing. For beneficiaries in the Family Preference Categories, CSPA freezes their ages when the PD becomes current.

The OP is an LPR, so there is no age freezing at the time of filing.

If OP meets all the requirements to bring an adopted child to the US, then OP files for her son in the F2a category if she files before he turns 21. CSPA protects him by not counting the time that USCIS takes to approve the I-130.

For example: OP files when son is 20 years and 10 months. It takes USCIS one year to approve the I-130. This means that OP has an additional year. He will age out into the F2b category with no CSPA relief if he turns 22 (21 years + 1 year of USCIS processing) before his PD in the F2a category becomes current.

Your premise that he has only a few months to complete processing as an F2a beneficiary is incorrect.

With the lack of progression in the current PD for F2a beneficiaries since Oct 2013, it is highly unlikely that he will retain the F2a category regardless of how long it takes USCIS to approve the I-130 at this point.

[Christi85 86]

Hi,

You should take a look at CSPA.

CSPA freezes the age of Immediate Relative beneficiaries at the time of filing. For beneficiaries in the Family Preference Categories, CSPA freezes their ages when the PD becomes current.

The OP is an LPR, so there is no age freezing at the time of filing.

If OP meets all the requirements to bring an adopted child to the US, then OP files for her son in the F2a category if she files before he turns 21. CSPA protects him by not counting the time that USCIS takes to approve the I-130.

For example: OP files when son is 20 years and 10 months. It takes USCIS one year to approve the I-130. This means that OP has an additional year. He will age out into the F2b category with no CSPA relief if he turns 22 (21 years + 1 year of USCIS processing) before his PD in the F2a category becomes current.

Your premise that he has only a few months to complete processing as an F2a beneficiary is incorrect.

With the lack of progression in the current PD for F2a beneficiaries since Oct 2013, it is highly unlikely that he will retain the F2a category regardless of how long it takes USCIS to approve the I-130 at this point.

Thanks for clarifying. No, I wasn't making any assumption, I was just asking whether this was the case with the OP's situation, since the only immigration category I have experience with (from my personal case) is Immediate Family immigration.

Your answer makes sense, and it is a actually a comprehensive response to the OP's question, based on the limited information she has provided about her case. So I suggest the OP takes what you said into serious consideration before making a decision on filing.

[Boiler 46,155]

He is 20, she has not started, I am assuming F2b.