Adopting my niece--ADVICE NEEDED

[ButterFinger 14]

Hey all, I am looking for a way to bring my niece here from the Philippines. Obviously adoption is the way to go. 

 

My question is, which is the better route as a LPR or US citizen? I am will be eligible to apply for citizenship later this year. Would also love to hear similar experiences. TIA!

[Lemonslice 4,947]

Is she an orphan? How long have you lived with her?

[Crazy Cat 42,033]

This is more complex than you might think.  Adoption and immigration are separate issues..........and adoption does not necessarily give immigration benefits.

[payxibka 10,047]

You are not the first who has thought about this and thus certain conditions apply 

[Boiler 45,905]

Judging from your timeline Adoption does not seem the way to go.

[ButterFinger 14]

32 minutes ago, Lemonslice said:

Is she an orphan? How long have you lived with her?

No, but my sister’s parental rights will soon be terminated and *possibly will be turned over to me. I’ve previously lived with her for 3 years before migrating here.

 

*I say possibly because I’m still studying all options before I can fully commit.

[Unlockable 7,315]

42 minutes ago, ButterFinger said:

Hey all, I am looking for a way to bring my niece here from the Philippines. Obviously adoption is the way to go. 

 

My question is, which is the better route as a LPR or US citizen? I am will be eligible to apply for citizenship later this year. Would also love to hear similar experiences. TIA!

Adoption of nieces/nephews/cousins gets asked very often but rarely do we see it accomplished for immigration benefits successfully. The main reason being is that it is extremely difficult for a person to adopt a child for immigration. The child would basically need to be an orphan and the adopting parents would need to live with the child in the child's home country for  a minimum of 2 years.

 

It is not as simple or easy as you think.

[Unlockable 7,315]

3 minutes ago, ButterFinger said:

No, but my sister’s parental rights will soon be terminated and *possibly will be turned over to me. I’ve previously lived with her for 3 years before migrating here.

 

*I say possibly because I’m still studying all options before I can fully commit.

One last thing you should know. Adoption does not guarantee immigration benefits. Those are two separate processes.

[Ontarkie 14,372]

Living with her while in her mothers care also does not count. She would need to be in your custody not you just being in the same house.

[EmilyW 1,511]

https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/adoption/

 

Quote

U.S immigration law has clear and specific provisions regarding qualifications for immigration. If you are attempting to bring someone who is not your child by birth, the following conditions must be met before that child can be eligible for an immigrant visa:

 

• The child must have been legally adopted before the age of 16 (or be the sibling of a child who was adopted by the same parents while under the age of 18). The adoption must be legal and final. Simply providing financially for the child does not satisfy the legal adoption requirement. To satisfy U.S. visa requirements, the child must have been legally adopted pursuant to a final decree issued by a court having jurisdiction over the matter.
• In addition to the adoption decree, there are two additional requirements:
• The adoptive parents must have had legal custody of the child for at least two years. “Legal custody” must be awarded by order of a court or recognized government entity. The start of legal custody begins the date the adoptive parents were granted legal custody of the child, or the date the adoption was finalized, which ever comes first. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.

• The child must have physically resided with the adoptive parents for at least two years prior to immigration. During this time, the adoptive parents must exercise primary parental control. Evidence must be presented to establish that the child and the adoptive parents had a bona fide parent-child relationship during any periods they resided separately.

 

Edited April 22, 2019 by EmilyW

[ButterFinger 14]

29 minutes ago, missileman said:

This is more complex than you might think.  Adoption and immigration are separate issues..........and adoption does not necessarily give immigration benefits.

Yeah I understand the complexity (like everything) of each process. I have talked to lawyers here and in PH. I’m trying my best to research on my own too. 

 

That’s one thing I keep seeing in this forum though, that adoption does not automatically guarantee immigration. Would you mind expounding on that?

 

 

[ButterFinger 14]

14 minutes ago, Boiler said:

Judging from your timeline Adoption does not seem the way to go.

Really? It’s just different from what my immigration lawyer told me. 

Would you mind explaining why?

3 minutes ago, Ontarkie said:

Living with her while in her mothers care also does not count. She would need to be in your custody not you just being in the same house.

I never caught that. Thanks.

[Unlockable 7,315]

4 minutes ago, ButterFinger said:

Yeah I understand the complexity (like everything) of each process. I have talked to lawyers here and in PH. I’m trying my best to research on my own too. 

 

That’s one thing I keep seeing in this forum though, that adoption does not automatically guarantee immigration. Would you mind expounding on that?

 

 

It means that just because you adopt someone, it  does not guarantee that they will be granted a visa or legal resident status. It is a measure to prevent fraud as well as child trafficking and child abuse. Look up "Hague Convention" laws which speaks deeply about this. Children of the world are heavily protected. Also, too many people try the adoption route to by-pass bringing over extended members of their family and/or friends.

 

P.S. how old is the child?

Edited April 22, 2019 by Unlockable

[Unlockable 7,315]

Below is an example of how adoption does not guarantee immigration benefits. It is a US citizen couple attempting to get legal status for a child they adopted.

 

https://kdvr.com/2018/08/09/colorado-parents-fighting-to-stop-legally-adopted-four-year-old-daughter-from-being-deported/

 

 

Edited April 22, 2019 by Unlockable

[SalishSea 18,072]

3 minutes ago, ButterFinger said:

Really? It’s just different from what my immigration lawyer told me. 

Would you mind explaining why?

I never caught that. Thanks.

Are you prepared to move back to the PI for several years, to adopt her and live with her there?  That’s what it would take, and even then there is no guarantee of immigration benefits.