Non-Hauge country adoption and immigration (split and merge)

[Unlockable 7,315]

Yes but the question is whether the 2012 adoption was official by Family Court. I mentioned the age of 16 in case the OP wants to advise the father to try to adopt the child now through Family Court.

.... since the embassy has already rejected the 2012 adoption.

Edited November 18, 2016 by NuestraUnion

[Boiler 46,108]

As I mentioned it was informal and I am not sure if it even constituted what would be defined as adoption for immigration purposes.

The child is now over 16.

[Ontarkie 14,487]

~~Duplicate threads merged. Please only start one thread for the same or similar topic. It can cause confusion when members are replying as bit's of information tend to be missing from one thread or the other.~~

[Sam200 0]

Did they legally satisfy documentary requirements relative to adoption laws practiced in the west? The US embassy has to go by those set of regulations.

This site might be useful. Needs to be a guard against the not-so-uncommon practice in Asian cultures to adopt a child of a sibling for promise of a better life. Hopefully that's not the case here.

She was adopted by an adoption deed. She was adopted by a sibling as the child already lost her father in 2012 and her mother felt seriously ill so my uncle adopted her prior to the demise of child's mother.

Now, as this is a common practice in Pakistan, aren't there any ways that can make her adoption legitimate a/c to US laws?

[Sam200 0]

Sam,

First of all, one of the adoptive parents must be a US citizen. For permanent residents there are clauses about living with the child for 2 years, not sure if you can somehow satisfy that part or not.

The way it works is you have to find an adoption agency in United States that will cost you about $10,000 (minimum) That include program cost of about 5000, home visits. And fee to make a connection with the lawyer working in Pakistan, so that the adoption agency can claim to be primary provider in both countries.

Hands Across the Water in Ann Arbor, MI is one such agency. There are others who do deal with Pakistan within United States. Majority of regular and international adoption agencies do not deal with Pakistan.

The major major important part you are missing is Family court. You need a guardianship decree from family court in Pakistan. If that is in place, you can apply for new birth certificate for child with adopted parents name, you can have I600A and I600 filed, and get the immigration visa.

Once the child comes to United States, there will be post home visits by the agency, and then you will go to court and finalize the adoption. At that point Child belongs to the adoptive parents legally, not the birth parents.

Thanks a lot for your detailed explanation, sir.

But what you are talking about is a US citizen or green card holder adopting a child from Pakistan. In my case, my uncle is the applicant for an immigrant visa and he has an adopted daughter who is living with him for 6 years. He had his interview on 15th Nov in which the daughter was denied visa b/c of improper laws of adoption in Pakistan. Now, my question is that how can we make an appeal against the decision made by Islamabad embassy and how can we make her adoption legitimate as my uncle is still in Pakistan.

Do we have to follow the same procedures that are for intercountry adoption or are there any other ways to make her adoption legitimate?

Looking fwd. Thanks.

[Sam200 0]

Yeah, you are right. She is above 16 now. But aren't there any provisions under US laws that can be in her favor?
As I said earlier, she has lost both her mom and dad and she has been living with my uncle since then and there is no one to look after her in Pakistan.

What should we do, how can we secure her immigration?
Kindly help. Thanks.

[Boiler 46,108]

The issue seems to be that the process in Pakistan normally used does not equate to Adoption in the normally understood US etc sense. Sounds more like fostering. There may well be translation issues.

To obtain an Immigration benefit she need to have been Adopted and as she is over 16 it is too late now.

Do discuss this with a competent immigration lawyer.

[Sam200 0]

From reading some of the prior post it seem like nobody could adopt a relative and have them migrate to the US.

So countries that are apart of The Hague Convention can't adopt a relative so they could migrate. Thanks

What about non-Hague convention countries?

Is it possible to immigrate an adopted child who is an orphan?

[EM_Vandaveer 2,417]

I believe there is always the I-130 route: you go to the foreign country, finalize adoption by the local courts, live there for two years after the adoption is final with the child in your custody.

At this point you can petition the child via I-130 as your child (obviously making it clear that the child is adopted).

Edited November 20, 2016 by EM_Vandaveer

[Penguin_ie 5,996]

***** three threads and replies split from threads by other members and merged here. Do not post more than once on an issue, and do not hijack other members threads with your questions on your case ******

[Unlockable 7,315]

Yeah, you are right. She is above 16 now. But aren't there any provisions under US laws that can be in her favor?

As I said earlier, she has lost both her mom and dad and she has been living with my uncle since then and there is no one to look after her in Pakistan.

What should we do, how can we secure her immigration?

Kindly help. Thanks.

There is no appealing the decision. And there are no provisions if an official adoption has not occurred.

The daughter is over 16 so the derivative option through you uncle is out. Even if you start the official adoption now she won't be able to be under your uncle's petition.

A line had to be drawn and the US government decided 16 was the cutoff age. There is no way around it.

I know you are searching for options and the answers you are getting are not ideal. But to be honest the chances of "securing her immigration" as you mentioned are very very slim, if not nonexistent.

Edited November 20, 2016 by NuestraUnion

[pm5k 129]

On November 19, 2016 at 10:02 PM, Sam200 said:

She was adopted by an adoption deed. She was adopted by a sibling as the child already lost her father in 2012 and her mother felt seriously ill so my uncle adopted her prior to the demise of child's mother.

Now, as this is a common practice in Pakistan, aren't there any ways that can make her adoption legitimate a/c to US laws?

Is this adoption deed rupee paper?  Rupee paper has little legal value other than for affidavits.  

 

Often times in Pakistan, rupee paper is used for adoptions, divorces, etc, but this IS NOT the proper, legal way to do things.  Unfortunately most people are not aware of this

Edited May 30, 2017 by pm5k

[Sam200 0]

11 hours ago, pm5k said:

Is this adoption deed rupee paper?  Rupee paper has little legal value other than for affidavits.  

 

Often times in Pakistan, rupee paper is used for adoptions, divorces, etc, but this IS NOT the proper, legal way to do things.  Unfortunately most people are not aware of this

Yes, affidavit on a ruppee paper.

[pm5k 129]

1 hour ago, Sam200 said:

Yes, affidavit on a ruppee paper.

 

Unfortunately this will not meet the requirements for adoption. 

 

Here is what the deparment of state says about adoption in Pakistan

 

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/PK.html

 

• Adoption Certificates

  Adoption Records

  Unavailable. Islamic law, and as a result, Pakistani law, does not recognize adoption. Pakistanis often obtain various documents identified as "adoption deeds". One common format is an "adoption deed" written on "rupee paper" and signed by the biological and "adoptive" parents. As adoptions are not recognized in Pakistan, and "rupee paper" is not a legal document, these documents are not evidence of a legal adoption and as such are not acceptable for immigration purposes. Even court documents claiming that a child has been adopted are not acceptable. Family courts, in an attempt to assist those who agree to care for the children of others, may state in the orders that an adoption has occurred, but this is not a legal adoption acceptable for immigration purposes. At best, the court can grant guardianship of a child to a non-parental adult. While such an order may be acceptable for an IR-4 visa if the child meets other qualifications, this order is not sufficient for immigration under other family-based visa categories.

   

  Due to the complicated nature of cases involving adults caring for non-biological children, those wishing to take such children to the U.S. or those wishing to take children to the U.S. for purposes of finalizing adoptions should first contact an immigration attorney or the U.S. Embassy for more information.

[jan22 3,064]

On 11/19/2016 at 11:54 PM, EM_Vandaveer said:

I believe there is always the I-130 route: you go to the foreign country, finalize adoption by the local courts, live there for two years after the adoption is final with the child in your custody.

At this point you can petition the child via I-130 as your child (obviously making it clear that the child is adopted).

This would be possible if the adoption (if there is a legal way to adopt in the country, which i don't think there is in Pakistan) occurred before the child turned 16 --- which can't happen, since she's already over 16 --- AND one of the parents was a US citizen, which they aren't now and won't be for at least 5 years.  LPRs cannot petition for an adopted child.  Unfortunately, I see no way for the child to qualify for an immigrant visa.

Edited May 30, 2017 by jan22