Domestic Adoption - Philippines

[SalishSea 17,836]

2 hours ago, zorrocruz said:

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.

Incorrect, unfortunately.

[SalishSea 17,836]

2 hours ago, zorrocruz said:

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

Won't this put her green card at risk?

 

I'm curious as to why she chose to immigrate at this particular time if adopting and taking care of the child was a priority.  Just doesn't make sense.

[SusieQQQ 11,586]

4 hours ago, zorrocruz said:

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.

I don’t really understand all the details but is there something specific to Philippines that negates the need for that to be two years of physical and legal custody? I mentioned legal before and you ignored it and restated the physical aspect so not sure I missed something?

https://www.uscis.gov/adoption/immigration-through-adoption/other-adoption-related-immigration

• The adoptive parent petitioner must have evidence of a full and final adoption and satisfy the 2-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits.

 

 

 

Edited February 18, 2020 by SusieQQQ

[SusieQQQ 11,586]

2 hours ago, Jorgedig said:

Won't this put her green card at risk?

 

I'm curious as to why she chose to immigrate at this particular time if adopting and taking care of the child was a priority.  Just doesn't make sense.

Especially as it now turns out mom immigrated in 2017 so cousin was even younger, what 12 or  13 and left behind? Begs the question of why mom did not ASAP  get re-entry permit and return to live with and care for cousin, and start adoption process back then. It could all have been finished already. I can’t help thinking there’s a puzzle piece missing in this picture.

[zorrocruz 1]

4 minutes ago, SusieQQQ said:

I don’t really understand all the details but is there something specific to Philippines that negates the need for that to be two years of physical and legal custody? I mentioned legal before and you ignored it and restated the physical aspect so not sure I missed something?

https://www.uscis.gov/adoption/immigration-through-adoption/other-adoption-related-immigration

• The adoptive parent petitioner must have evidence of a full and final adoption and satisfy the 2-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits.

 

 

 

Hi Yes, it is true that the legal custody is still a requirement. I must have focused on the physical custody requirement because I know that we can obtain the legal custody once obtaining the final adoption decree. so I focused more on the physical custody requirement.

[JFH 12,190]

16 hours ago, SusieQQQ said:

I don’t really understand all the details but is there something specific to Philippines that negates the need for that to be two years of physical and legal custody? I mentioned legal before and you ignored it and restated the physical aspect so not sure I missed something?

https://www.uscis.gov/adoption/immigration-through-adoption/other-adoption-related-immigration

• The adoptive parent petitioner must have evidence of a full and final adoption and satisfy the 2-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits.

 

 

 

But Philippines is now a Hague adoption country so the physical custody requirement is not necessary. However, this is a family member, not an orphan who has been “matched” to the parents by an agency. So it’s a completely different ball game than a regular Hague adoption (where an American couple decides to expand their family by adopting an orphan child in a foreign country and an agency matches the child for them).

[SusieQQQ 11,586]

8 hours ago, JFH said:

But Philippines is now a Hague adoption country so the physical custody requirement is not necessary. However, this is a family member, not an orphan who has been “matched” to the parents by an agency. So it’s a completely different ball game than a regular Hague adoption (where an American couple decides to expand their family by adopting an orphan child in a foreign country and an agency matches the child for them).

That extract came from “who is considered a child for US immigration “. It didn’t seem to specify any relevance or otherwise of Hague. The requirements of The Hague process don’t seem to apply here or if I misunderstand and they do, look too onerous to complete before 16 for this case.

https://www.uscis.gov/adoption/immigration-through-adoption/hague-process

Steps of the Process

1. Choose a Hague Accredited ASP (and perhaps also an immigration attorney).
2. Obtain a home study from someone authorized to complete a Hague adoption home study.
3. Apply to USCIS before adopting a child or accepting a placement for a determination that one is suitable for intercountry adoption.
4. Once USCIS approves the application, work with the adoption service provider to obtain a proposed adoption placement.
5. File a “petition” with USCIS, before adopting the child, to have the child to be found eligible to immigrate to the United States based on the proposed adoption.
6. Adopt the child, or obtain custody of the child in order to adopt the child in the United States.
7. Obtain an immigrant visa for the child.
8. Bring the child to the United States for admission with the visa.

[Boiler 45,525]

I do not remember anybody posting on here who had used the Hague process to bring over a relative, I can see a few issues and do not know how practical this is.

[NigeriaorBust 4,087]

  As the mother is only an LPR there is also may be a wait until a visa number is available to bring the child if it is even possible.