Adopted a child who was here on a visiting visa...how to get a permanent residence status

[Eric E. 1]

Hello folks,

 

I adopted a 14 year old boy on Sept 22, 2016.  Filed an N-600 for citizenship for my son shortly afterwards.  Nearly a year later, homeland security denied my application because my son did not have permanent residence status (his temporary visa had expired).  He's been with me now since Feb 2, 2015.  Any suggestions on how to easily (if there's such a thing) to get him a this permanent residence status?

 

Thanks,

Eric

[mcdull 474]

55 minutes ago, Eric E. said:

Hello folks,

 

I adopted a 14 year old boy on Sept 22, 2016.  Filed an N-600 for citizenship for my son shortly afterwards.  Nearly a year later, homeland security denied my application because my son did not have permanent residence status (his temporary visa had expired).  He's been with me now since Feb 2, 2015.  Any suggestions on how to easily (if there's such a thing) to get him a this permanent residence status?

 

Thanks,

Eric

Doesn't work that way. 

[Lenchick 133]

57 minutes ago, Eric E. said:

Hello folks,

 

I adopted a 14 year old boy on Sept 22, 2016.  Filed an N-600 for citizenship for my son shortly afterwards.  Nearly a year later, homeland security denied my application because my son did not have permanent residence status (his temporary visa had expired).  He's been with me now since Feb 2, 2015.  Any suggestions on how to easily (if there's such a thing) to get him a this permanent residence status?

 

Thanks,

Eric

AOS. I think you need to adjust his status and file I-130 petition for a relative. I suppose you are a US citizen? Look in the forum Ajustment of status. Once he has his green card, he will derive US citizenship from you if he becomes a resident before he is 16. You lost time doing a wrong move. If he doesn't derive citizenship, he can naturalize later 

[DrEllaNJ 288]

see guide here: http://www.visajourney.com/content/i130guide2 (although it needs updating. Always get the most recent forms and read instructions from uscis.gov)

I assume where it says 'spouse' you can read 'relative'. However, I'm not too familiar with adoption laws and rules for that, so better consult with an adoption/immigration lawyer (you may not need to hire them, but just to make sure everything is done right)

[Lenchick 133]

 

1 hour ago, Eric E. said:

Hello folks,

 

I adopted a 14 year old boy on Sept 22, 2016.  Filed an N-600 for citizenship for my son shortly afterwards.  Nearly a year later, homeland security denied my application because my son did not have permanent residence status (his temporary visa had expired).  He's been with me now since Feb 2, 2015.  Any suggestions on how to easily (if there's such a thing) to get him a this permanent residence status?

 

Thanks,

Eric

Here is the link from USCIS website for adjustment of status. That's the route you need to follow when the person you file for is in the states

https://www.uscis.gov/greencard/adjustment-of-status

[f f 725]

are his biological parents still alive?

[Lenchick 133]

2 minutes ago, f f said:

are his biological parents still alive?

How does it matter? He is already adopted. 

[f f 725]

adoption rules for immigration benfits such as becoming a resident or citizenship are much stricter than just adopting. it is possible to adopt a person and have them not eligible to immigrate if they do not meet all of the qualifications.

 

what was your relationship to the child before you adopted them? 

[Lenchick 133]

2 hours ago, Eric E. said:

Hello folks,

 

I adopted a 14 year old boy on Sept 22, 2016.  Filed an N-600 for citizenship for my son shortly afterwards.  Nearly a year later, homeland security denied my application because my son did not have permanent residence status (his temporary visa had expired).  He's been with me now since Feb 2, 2015.  Any suggestions on how to easily (if there's such a thing) to get him a this permanent residence status?

 

Thanks,

Eric

I stand corrected as I can't edit my post he can derive the citizenship before he turns 18 provided he is a resident and was adopted before he turned 16 and his adoption was final by 16 and he has lived with you for two years. Please refer  here on derivation of citizenship 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

 

[Lenchick 133]

2 hours ago, Eric E. said:

Hello folks,

Thanks,

Eric

And if I'm not mistaken the petition for an alien relative should Be filed also before the child turns 16 to be eligibile to derive the citizenship. look at all relevant footnotes at the link I gave above. If the child doesn't meet the requirements for the child citizenship act 2000, he can become a resident anyway. 

[Pinkrlion 2,724]

Adopting a child who came on a visitors visa circumvents the requirement of living with the child in their home country for two years.  Child's biological parents whereabouts are a key factor in immigration adoption.  You will need a lawyer as you have already tried to get around the specific guidelines.

[f f 725]

you also will need to know how the child got to the us. paid for plane ticket or other transportation. as well as how the child got a passport and visa since those require a legal guardian to get.

 

was the child legally adopted by you? and there are court records to show it is official and done?

 

a child can not just appear in the us with a visitor visa and be magically adopted by soneone and get legal status.

 

 

[geowrian 22,338]

1 hour ago, f f said:

adoption rules for immigration benfits such as becoming a resident or citizenship are much stricter than just adopting. it is possible to adopt a person and have them not eligible to immigrate if they do not meet all of the qualifications.

^This exactly. Legal adoption and eligibility for immigration benefits are two separate issues. This is (in part) to help prevent fraud and human trafficking.

[Eric E. 1]

Folks,

 

Thanks for taking the time to respond to my question.  My son had a visa that was issued in Oct 2010 and has come to visit several time with his Mother, Grandmother and Aunt (his birth father died in a car accident before he was born).  He came to stay with me (and his birth uncle...who has a green card) early 2015...and his visa expired Oct 2015.  The adoption was completed on Sept. 22, 2016.  My adoption lawyer is/was not an immigration lawyer.  I'm surprised that the social services did not advise me that I had to get my son a "permanent residence status"...or the court for that matter.  I wish the N-600 form made that clear...I just threw away $600 and wasted a year to be told my son is denied becoming a US citizen.  I'll either make an appointment with USCIS office or hire an immigration lawyer.

 

Regards,

Eric

 

[Eric E. 1]

BTW...I know I said "temporary" Visa earlier.  I double checked...and it had been a five year Visa.