Domestic Adoption - Philippines

[zorrocruz 1]

Hello!

 

My mom, permanent resident, is planning to adopt my cousin who is now 15 years old, and plan to petition her as a her child once we get the final adoption decree.

I would like to know if there were people here who had gone through this process before?

 

and How long is the whole adoption process in the Philippines, some say it is 1-2 years, because the child is turning 15 and I think the requirement for immigration is the child needs to be adopted before she turns 16.

 

Please help

 

Thank you so much

[Unlockable 7,314]

4 minutes ago, zorrocruz said:

Hello!

 

My mom, permanent resident, is planning to adopt my cousin who is now 15 years old, and plan to petition her as a her child once we get the final adoption decree.

I would like to know if there were people here who had gone through this process before?

 

and How long is the whole adoption process in the Philippines, some say it is 1-2 years, because the child is turning 15 and I think the requirement for immigration is the child needs to be adopted before she turns 16.

 

Please help

 

Thank you so much

That is correct. The adoption process needs to be 100% completed before the child turns 16. Not only that, what is the status of the parents of your cousin? Are they still alive and well? And is your cousin living with them? If so, that may be another hurdle. 

[zorrocruz 1]

4 minutes ago, Unlockable said:

That is correct. The adoption process needs to be 100% completed before the child turns 16. Not only that, what is the status of the parents of your cousin? Are they still alive and well? And is your cousin living with them? If so, that may be another hurdle. 

Thank you so much for the response.

 

They are both alive, and have unstable job. The situation is, we have been taking care of my cousin ever since she was born. The only mistake we did is we did not file for adoption back then. Now I am not sure if the requirement of "physical custody for two years" will consider those period, from she was young to now.

When I brought my mom here, my cousin was left alone in our house. her parents don't live with her.

Now we want to proceed with the adoption, I am not sure if it is too late since we only have one year and 2 months for the adoption process.

That is why I had asked about how long it takes in the philippines

[Unlockable 7,314]

2 minutes ago, zorrocruz said:

Thank you so much for the response.

 

They are both alive, and have unstable job. The situation is, we have been taking care of my cousin ever since she was born. The only mistake we did is we did not file for adoption back then. Now I am not sure if the requirement of "physical custody for two years" will consider those period, from she was young to now.

When I brought my mom here, my cousin was left alone in our house. her parents don't live with her.

Now we want to proceed with the adoption, I am not sure if it is too late since we only have one year and 2 months for the adoption process.

That is why I had asked about how long it takes in the philippines

OK. Thanks for the clarification. Hopefully someone who has experience with adoption timelines from the Philippines will chime in.

 

But you have to understand that adoption does not guarantee immigration. Adoption is one of the hardest things to do for immigration. The problem is that many foreigners do not understand the restrictions the US government puts on the adoption process. For example, if the child has living parents, then they may not approve immigration for them, even if his parents have "unstable jobs".  This is why I asked those questions. The timeline is not the only obstacle you are facing, you are also facing the fact that the officer may not grant him a visa because he has legal biological parents. Also, if he was left behind, it will make your case for him needing to immigrate a little more difficult.

 

One other thing to consider, is once adoption is completed and your cousin immigrates to the US. All legal ties to his real biological parents will be severed. that means he can NEVER file for a visa for his biological parents.

 

I'm not trying to discourage you, but these are the facts that I feel you must be aware of so you know what you are facing. It is something to consider when going through this. You are racing against time and have a few obstacles to overcome. 

 

[Boiler 45,050]

Sounds like the main reason to adopt is to immigrate so I would check first if that is even possible. 

 

Presumably you would need a Family Lawyer to handle an adoption. Is there not vetting etc to be done?

[zorrocruz 1]

10 minutes ago, Unlockable said:

OK. Thanks for the clarification. Hopefully someone who has experience with adoption timelines from the Philippines will chime in.

 

But you have to understand that adoption does not guarantee immigration. Adoption is one of the hardest things to do for immigration. The problem is that many foreigners do not understand the restrictions the US government puts on the adoption process. For example, if the child has living parents, then they may not approve immigration for them, even if his parents have "unstable jobs".  This is why I asked those questions. The timeline is not the only obstacle you are facing, you are also facing the fact that the officer may not grant him a visa because he has legal biological parents. Also, if he was left behind, it will make your case for him needing to immigrate a little more difficult.

 

One other thing to consider, is once adoption is completed and your cousin immigrates to the US. All legal ties to his real biological parents will be severed. that means he can NEVER file for a visa for his biological parents.

 

I'm not trying to discourage you, but these are the facts that I feel you must be aware of so you know what you are facing. It is something to consider when going through this. You are racing against time and have a few obstacles to overcome. 

 

Thank you and I really appreciate your time responding to this.

I really want to know more about these things.

 

I guess the only part i'm a little confused on is this :

"For example, if the child has living parents, then they may not approve immigration for them, even if his parents have "unstable jobs". "

 

Can you elaborate more on this as to why having unstable jobs will make  the process harder?

 

Thank you

 

[geowrian 22,337]

12 minutes ago, zorrocruz said:

Can you elaborate more on this as to why having unstable jobs will make  the process harder?

Generally they need to have no living parents, or otherwise be determined that neither parent has the ability to provide basic needs for the child. "Basic" here is very basic - food, shelter, etc.

It is not a quality of life issue. It is not a poverty issue alone. Having an unstable job would generally not meet this requirement.

It's not that having an unstable job makes it harder, it's just that an unstable job generally does not meet the bar necessary for the adoption to qualify for immigration benefits.

Edited February 18, 2020 by geowrian

[Unlockable 7,314]

21 minutes ago, zorrocruz said:

Thank you and I really appreciate your time responding to this.

I really want to know more about these things.

 

I guess the only part i'm a little confused on is this :

"For example, if the child has living parents, then they may not approve immigration for them, even if his parents have "unstable jobs". "

 

Can you elaborate more on this as to why having unstable jobs will make  the process harder?

 

Thank you

 

Sure, I can try to elaborate.

 

I assumed that you said your cousin's parents had unstable jobs as a reason for the adoption. But economic status generally is not a valid reason for adoption for immigration benefits. A child's parents usually have to be deceased or extremely unfit to care for a child. So if your mother adopts under the reason of "his parents don't have good enough jobs" then it may not be enough for your cousin to be eligible for a visa.

 

The problem with adoption is that it is highly regulated. Immigration has seen it used too many times by foreigners to by-pass long wait times or ineligible relatives. So the US government has very strict guidelines. If your cousin can be taken care of at any capacity by his biological parents or other relatives in your family, it will be a hard argument to sell to an officer.

[zorrocruz 1]

2 minutes ago, geowrian said:

Generally they need to have no living parents, or otherwise be determined that neither parent has the ability to provide basic needs for the child. "Basic" here is very basic - food, shelter, etc.

It is not a quality of life issue. It is not a poverty issue alone. Having an unstable job would generally not meet this requirement.

It's not that having an unstable job makes it harder, it's just that an unstable job generally does not meet the bar necessary for the adoption to qualify for immigration benefits.

Thank you for these insights. I have never thought about these things.

[zorrocruz 1]

2 minutes ago, Unlockable said:

Sure, I can try to elaborate.

 

I assumed that you said your cousin's parents had unstable jobs as a reason for the adoption. But economic status generally is not a valid reason for adoption for immigration benefits. A child's parents usually have to be deceased or extremely unfit to care for a child. So if your mother adopts under the reason of "his parents don't have good enough jobs" then it may not be enough for your cousin to be eligible for a visa.

 

The problem with adoption is that it is highly regulated. Immigration has seen it used too many times by foreigners to by-pass long wait times or ineligible relatives. So the US government has very strict guidelines. If your cousin can be taken care of at any capacity by his biological parents or other relatives in your family, it will be a hard argument to sell to an officer.

Yup, I understand it better now.

 

I didn't think that immigration through adoption is a harder process now. I thought if the child is already adopted he is considered like a real child and will be treated the same way as legitimate children.

 

Even if the adoption is finalized, there's no guarantee that we can bring her here unless we prove that her parents are 1. not really capable of taking care of the child

 

2. I am thinking if we just don't consider the period from when she is born to now, to count for the physical custody requirement. and my mom will just live with her for two years straight once the adoption is finalized. I think this will make the process less complicated now since the question as to why the child was left alone will not be questioned.

What is your take on this?

 

Thank you

[geowrian 22,337]

Well, there's a few different adoption paths. It depends on if the country is a Hague Convention participant or not, and there's the 2 year custody IR route, etc.

It may be possible. But I tend not to go too far into the details as it's very easy to misspeak on specifics and the result can be devastating (like adopting a child that can't immigrate).

 

We're just pointing out that the requirements mean adoption alone does not make somebody eligible for US immigration benefits. There are different requirements for different routes.

Seek professional assistance to make sure everything is in order before proceeding.

 

Sometimes it's better to commit to supporting the child financially instead. Weigh the pros and cons.

Edited February 18, 2020 by geowrian

[SusieQQQ 11,586]

1 hour ago, zorrocruz said:

Now I am not sure if the requirement of "physical custody for two years" will consider those period, from she was young to now.

I thought it was physical and legal custody?

 

also, I don’t understand, if your mom is a LPR she is presumably living in the US and not with your cousin?

Edited February 18, 2020 by SusieQQQ

[SusieQQQ 11,586]

1 hour ago, zorrocruz said:

When I brought my mom here, my cousin was left alone in our house. her parents don't live with her.

Oh - just saw this. So - Your mom left a 15 year old alone to move to the US, and now wants to adopt her? Are you saying no-one has been living with this child?

[zorrocruz 1]

5 minutes ago, SusieQQQ said:

Oh - just saw this. So - Your mom left a 15 year old alone to move to the US, and now wants to adopt her? Are you saying no-one has been living with this child?

Ever since I got my mom here, that was in 2017. My cousin lives in our house in the Philippines. We are paying someone to take care of her, like a 'nanny'. also we send money to the Philippines to support her financially.

 

We are thinking that, to satisfy the physical custody requirement of two years, my mom will go back to the Philippines and stay there.

We are looking into possibly getting my mom a reentry permit so she can stay in the Philippines longer.

 

cause I know the physical custody requirement can be obtained in aggregate, meaning the time my mom lives with my cousin doesn't have to be continuous, as long as it accumulates to two years is fine.

[belinda63 3,023]

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

Straight from the horse's mouth, these are the requirement.