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

[Pinkrlion 2,724]

He had a visitors visa that was good for 5 years which is a non immigrant visa.  His biological mother is still living therefore your adoption does not allow for immigration.  Adoption proceedings would not know immigration requirements for adopted children.  

[f f 725]

with his birth mother alive you are going to have problems. they put these restrictions in place so relatives can not adopt thier children to usc so they can live in the us thus circumventing the immigration wait times.

[JFH 12,191]

2 hours ago, Eric E. said:

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

But his duration of stay when he arrived would only have been authorized for a maximum of 6 months.

 

The whole story is gradually coming out. He's not an orphan therefore does not qualify for immigration benefit following the adoption. The reason for that is to stop uncles and aunts "adopting" children whose parents are still alive to bypass the correct immigration procedures. Is the plan to bring his mother here once he turns 21? 

[Cathi 5,784]

You cannot adopt a child to gain immigration benefits for the child when the child is not an orphan. It is against the law.

[f f 725]

the adopted child is actually ineligible to ever petition for his biological parents if he gains legal status through adoption.

 

from the i130 instructions on who is ineligible to be petitioned.

A natural parent, if you gained lawful permanent resident status or U.S. citizenship through adoption or as a special immigrant juvenile

 

though it does not specifically bar brothers and sisters. the wait time for them is 20 years but will most likely grow to 30 by the time it is current if that category is even still there.

 

a bit more info on how adoption bars being able to bring any biological relatives to the us.

https://www.avvo.com/legal-guides/ugc/can-adopted-child-sponsor-biological-family-natural-parents-and-siblings-

Edited September 17, 2017 by f f

[Eric E. 1]

Folks,

 

I appreciate all the input.  There is no intention to bring over any other family members.  He was an only child.  His mother thought it would best to give up all parental rights.  No need to comment further...I will talk to an immigration lawyer and do whatever is necessary to get his permanent residence status.  Have a pleasant evening. 

[f f 725]

I wish for you and your son the best I would advise you to talk to a few attorneys to make sure they are saying the same things. if you can show the mother is incapable of raising the child it will help your case.

[Pinkrlion 2,724]

52 minutes ago, Eric E. said:

Folks,

 

I appreciate all the input.  There is no intention to bring over any other family members.  He was an only child.  His mother thought it would best to give up all parental rights.  No need to comment further...I will talk to an immigration lawyer and do whatever is necessary to get his permanent residence status.  Have a pleasant evening. 

Keep us informed so the next person will know what to do.

[Going through 5,671]

6 hours ago, Eric E. said:

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..

Social services maybe weren't fully aware of the boy's legal status in the States, or not aware of immigration laws (unless they volunteer/work with immigrants in some capacity they rarely are), adoption proceedings would have nothing to do with immigration proceedings, as said earlier.

 

Page 1 of the instructions for filing the N600 does explain that in the beginning section about eligibility for filing and adopted children (3. must be lawfully admitted to the United States for lawful permanent residence).  I'm sorry you wasted $600...I know that would definitely sting...

 

I found this info in another forum----should be helpful to your situation now...best of luck:

 

9. Who can file an immediate relative petition on behalf of an adopted child?

If you adopt a child, but did not go through the orphan adoption process, then the child is considered to be your child for immigration purposes when you meet the following requirements:

• The adoption must be finalized before the child turns 16 years old (or 18 if you also adopted a biological sibling of the child before the sibling was 16 years old); and
• The child must have lived with you for at least 2 years, either before or after adoption; and
• The child must have been in your legal custody for at least 2 years, either before or after adoption.

 

10. How can my adopted child become a U.S. citizen?

Once your adopted child qualifies as your child for immigration purposes above, you can file an I-130 petition for alien relative. Your adopted child will automatically become a U.S. citizen if the child becomes a permanent resident and the adoption is completed and a Form N-600 is filed before the child reaches 16 years of age. If your adopted child turns 18 years old before he or she becomes a permanent resident, then your child may apply for naturalization using Form N-400, Application for Naturalization, after being a permanent resident for 5 years.

 

Edited September 17, 2017 by Going through

[Boiler 46,057]

Begs the question why Social Services would have a clue about US Immigration, Social Services I believe is a State not Federal issue.

[Penguin_ie 5,996]

**** closed pr Op request *****