Petitioning Birth Parents

[beback 0]

Hello everyone here! I have a questions, this is about my friend. When she was 6 yrs old she was adopted by her Aunts and brought here in the United States, now that shes 21, she wanted to petition her birth parents from the Philippines. Is this possible even her last name is different from her birth parents? If it possible what processes do my friend need to do in order for her to petition her birth parents in the Philippines.

[NancyNguyen 1,657]

Just to be clear, it doesn't matter how you gained US citizenship. The relationship that would've allowed you to sponsor your biological parents was the parent-adult child relationship. However, that relationship was severed when you were adopted by your aunt. In the eyes of USCIS and immigration law, the only person who could now be considered your parent would be your aunt.

[Umka36 781]

As stated above by NancyNguyen, the answer is no. The link below discusses a similar situation on why your friend can't petition their biological parent after adoption.

http://www.visajourney.com/forums/topic/291443-adopted-child-petitioning-biological-parent/

and from USCIS.

Adopted Child [iNA 101 (b)(1)(E)]:

Children adopted before 16, and having 2 years legal custody and residence with adopting parent. However, if the family has already adopted a sibling, the second brother or sister who is adopted may be under 18 at time of adoption. In order for an adopted child to be considered under Immigration Law, the adoption must occur before the child turns 16 years of age, and must be coupled with 2 years of legal custody with the adopting parent and reside with the adopting parent for 2 years. Furthermore, the two year custody and residency requirements may be satisfied before or after the legal custody or adoption, by either parent. Meeting the two year legal custody requirement requires either the final adoption decree or official documentation in the form of a custody award by the court or recognized government entity. This requirement must be satisfied through an official action at a recognized government entity between the natural parent(s) and the adopting parent. Informal documents, such as sworn affidavits, are insufficient. Moreover, the natural parents of an adopted child cannot obtain immigration benefits through the natural child if the child was adopted in accordance under the provisions listed above. This is different than step-children, however, who can petition for their natural parent. If the adopted child did not and cannot acquire any immigration benefits through the adoptive parents, the natural parents may be able to petition for the child. The adopted child, also, cannot petition for their natural siblings if the child was adopted in accordance to the provisions listed above. However, if the relationship between the adopted parent and the child end, then the custody of the child goes back to the natural parent or to the state/country if the child was an orphan prior to the adoption.

Edited December 11, 2014 by Umka36

[NikeS 49]

As I understand it, she can't petition for her parents because she gained citizenship through adoption, therefore she cannot pass on that benefit to her biological parents. Her aunt however could have petitioned her own sibling years ago. Presently the wait time for that category - sibling of a US Citizen is 12+ years.

[manilaraf 28]

From the I-130 Instruction Sheet:

Who May Not File Form I-130?

...

2. A natural parent, if the U.S. citizen son or daughter gained permanent residence through adoption.

[manilaraf 28]

Sorry, I missed a line: This goes smack in the middle of the two lines I typed above:

You may not file for a person in the following categories:

[beback 0]

THank you for your quick replies

[NigeriaorBust 4,087]

The aunt can petition sibling but for the Philippines the wait is over 23 years