Petitioning for an adopted child. Out of options?

[Beegirl 21]

Long story short. My mother (USC) wants to bring over my legally adopted sister. She is 18 and that what’s the problem now. Both filing ways for adopted children are for when they’re 16 and below. She was legally adopted at the age of 8 however and her guardian was my grandparent in Ghana. We also can’t hit the residency requirement for I-130. 
 

There are multiple long reasons why she now wants her to come over now and couldn’t bring her over when she was younger. It’s unfortunate about her age that now we feel like we’re out of options.

 

Anyone have any insight?

[SusieQQQ 11,586]

I am not sure if I am misunderstanding you, or you are misunderstanding the requirements. The adoption has to happen before age 16. A legally adopted child can however be petitioned at any age, not only under 16. 
 

What residency requirement do you mean? That your mother has never lived with her adopted child for 2 years, ever?

[jan22 3,056]

I'm a little confused by your post. Who adopted the child?  You said she's your adopted sister, but you say your grandparent was her guardian. So, was she adopted by your mother or your grandparent?  Did your mother adopt her, but never lived with her; rather she lived with your grandparent?  And, is she related in some way to your family?

 

If all the immigration requirements for an adopted child are met, it doesn't matter that she's now 18 -- the adoption had to be completed (in compliance with local law AND immigration requirements) before she was16, not the immigration.  Reading between the lines of your post a little, I suspect the adoption was not done in compliance with immigration requirements, though.  It is almost assured the adoption did not meet  the Hague Adoption Convention requirements, or you wouldnt be posting what you did here.  That only leaves the Immediate Relative category as an IR-2 child of a US citizen.  However, that requires that your mother had legal and physical custody of her for two years (i.e., she actually lived with her)...and it doesnt sound like she has lived with her for two years.

Edited November 20, 2020 by jan22

[aaron2020 11,651]

Did you mother legally adopt your sister when she was 8 years old?

 

Did your mother live with her adopted sister for 2 years?

 

It seems that your mother adopted your sister but left her in the care of your grandmother for the last 10 years?  If this is the case, then the chances for an immigration visa will be difficult because it's going to be extremely hard to show a bona fide mother/daughter relationship.  People don't adopt children and leave them for someone else to raise.  

[Beegirl 21]

5 hours ago, jan22 said:

I'm a little confused by your post. Who adopted the child?  You said she's your adopted sister, but you say your grandparent was her guardian. So, was she adopted by your mother or your grandparent?  Did your mother adopt her, but never lived with her; rather she lived with your grandparent?  And, is she related in some way to your family?

 

If all the immigration requirements for an adopted child are met, it doesn't matter that she's now 18 -- the adoption had to be completed (in compliance with local law AND immigration requirements) before she was16, not the immigration.  Reading between the lines of your post a little, I suspect the adoption was not done in compliance with immigration requirements, though.  It is almost assured the adoption did not meet  the Hague Adoption Convention requirements, or you wouldnt be posting what you did here.  That only leaves the Immediate Relative category as an IR-2 child of a US citizen.  However, that requires that your mother had legal and physical custody of her for two years (i.e., she actually lived with her)...and it doesnt sound like she has lived with her for two years.

- She was adopted by my mother, legally from a court with all supporting documents at 8.

- My mother never lived with her full time as she’s a US citizen and lives here. She would go back frequently to visit for a couple months at a time but didn’t live there. So she stayed with our grandfather.

- To qualify for traditional adoption (Hague or orphan), she needs to be under 16 when we petition. That’s issue number 1. 
- We don’t meet the residency requirement for immediate relative. That’s issue number 2

 

Thats why I feel like we’re out of options. 
 

Like I mentioned there’s a myriad of reasons for why my mother couldn’t complete her petition before she was 16. It’s already done so now I’m wondering about what can be done now.

[Beegirl 21]

5 hours ago, aaron2020 said:

Did you mother legally adopt your sister when she was 8 years old?

 

Did your mother live with her adopted sister for 2 years?

 

It seems that your mother adopted your sister but left her in the care of your grandmother for the last 10 years?  If this is the case, then the chances for an immigration visa will be difficult because it's going to be extremely hard to show a bona fide mother/daughter relationship.  People don't adopt children and leave them for someone else to raise.  

Essentially yes this is the case. It sucks because she was legally adopted with all paperwork it’s just that my mother is based here so she couldn’t live there for years and years to meet the residency requirement . And there are multiple long reasons why she couldn’t bring her over when she was younger. From death to finances to divorce. I’m just wondering if there’s a way now.

[aaron2020 11,651]

9 minutes ago, Beegirl said:

Essentially yes this is the case. It sucks because she was legally adopted with all paperwork it’s just that my mother is based here so she couldn’t live there for years and years to meet the residency requirement . And there are multiple long reasons why she couldn’t bring her over when she was younger. From death to finances to divorce. I’m just wondering if there’s a way now.

Sorry, I don't see a path forward.

 

1.  Your mother never lived with her for 2 years.

 

2.  Your mother can not show a mother/child relationship.  People simply do not adopt children and leave them for someone else to raise.  Your mom adopted a child that never lived with her and that she did not raise.  

 

Look at it from a fraud point of view.  Adopt someone's child on paper, don't live or care for the child, wait for the child to turn 18 and become an adult, and then use that adoption as a means to bring that person to the US for a green card.  

[aaron2020 11,651]

22 minutes ago, Beegirl said:

- She was adopted by my mother, legally from a court with all supporting documents at 8.

- My mother never lived with her full time as she’s a US citizen and lives here. She would go back frequently to visit for a couple months at a time but didn’t live there. So she stayed with our grandfather.

- To qualify for traditional adoption (Hague or orphan), she needs to be under 16 when we petition. That’s issue number 1. 
- We don’t meet the residency requirement for immediate relative. That’s issue number 2

 

Thats why I feel like we’re out of options. 
 

Like I mentioned there’s a myriad of reasons for why my mother couldn’t complete her petition before she was 16. It’s already done so now I’m wondering about what can be done now.

The rule is that the adoption has to be finalized by age 16.  An I-130 petition can be filed at any time, even after age 16.  Your issue number 1 is not an issue at all.

 

The BIG PROBLEM here is that you mother did not live with her for 2 years and can not prove a mother/child relationship.  People do not adopt an 8 years old and leave that child for someone else to raise until the child turns 18.  

Edited November 21, 2020 by aaron2020

[SusieQQQ 11,586]

46 minutes ago, aaron2020 said:

The rule is that the adoption has to be finalized by age 16.  An I-130 petition can be filed at any time, even after age 16.  Your issue number 1 is not an issue at all.

 

The BIG PROBLEM here is that you mother did not live with her for 2 years and can not prove a mother/child relationship.  People do not adopt an 8 years old and leave that child for someone else to raise until the child turns 18.  

What aaron says here is correct, unless you can document that all the "couple of months" at a time add up to two years - it does not have to be continuous. See bolded bit below.

 

I don't know why you keep insisting the petition has to happen before 16. That is simply not true. If it was, why would they specify 21 as the age limit for the 2-year requirement? See bolded bit below. So actually there is your answer right there. Mom can go back and live with her for 2 years, then sponsor. Still time for that. If she gets it done before child turns 21 she can sponsor her IR2, if 21 or older when she petitions then F1.

 

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

Who is an Adopted Child Under the Family-Based Petition Process?

Under this process, an adopted child is considered to be the child (or unmarried son or daughter under the age of 21) of the adopting parent for immigration purposes if:

• The adoptive parent adopted the child before their 16th birthday (or before their 18th birthday, under certain circumstances as described below) and provides evidence of a full and final adoption; and
• The adoptive parent had legal custody of and jointly resided with the child for at least 2 years while the child was under age 21.
  • The legal custody must have been the result of a formal grant of custody from a court or other governmental entity.
  • The legal custody and joint residence requirement may be met by custody and residence that preceded the adoption.
  • The 2-year time period does not need to be continuous and may be counted in the aggregate.
  • If both parents adopted the child, the 2 years of legal custody and joint residence cannot be split between the adoptive parents, but only one adoptive parent needs to meet them.
  • The 2-year legal custody and joint residence requirements are waived for certain abused children.

Edited November 21, 2020 by SusieQQQ

[Beegirl 21]

40 minutes ago, SusieQQQ said:

What aaron says here is correct, unless you can document that all the "couple of months" at a time add up to two years - it does not have to be continuous. See bolded bit below.

 

I don't know why you keep insisting the petition has to happen before 16. That is simply not true. If it was, why would they specify 21 as the age limit for the 2-year requirement? See bolded bit below. So actually there is your answer right there. Mom can go back and live with her for 2 years, then sponsor. Still time for that. If she gets it done before child turns 21 she can sponsor her IR2, if 21 or older when she petitions then F1.

 

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

Who is an Adopted Child Under the Family-Based Petition Process?

Under this process, an adopted child is considered to be the child (or unmarried son or daughter under the age of 21) of the adopting parent for immigration purposes if:

• The adoptive parent adopted the child before their 16th birthday (or before their 18th birthday, under certain circumstances as described below) and provides evidence of a full and final adoption; and
• The adoptive parent had legal custody of and jointly resided with the child for at least 2 years while the child was under age 21.
  • The legal custody must have been the result of a formal grant of custody from a court or other governmental entity.
  • The legal custody and joint residence requirement may be met by custody and residence that preceded the adoption.
  • The 2-year time period does not need to be continuous and may be counted in the aggregate.
  • If both parents adopted the child, the 2 years of legal custody and joint residence cannot be split between the adoptive parents, but only one adoptive parent needs to meet them.
  • The 2-year legal custody and joint residence requirements are waived for certain abused children.

That’s under the immediate relative process only. It explicitly states that under the Hague or non-Hague/Orphan process of adoption that the beneficiary needs to be under 16 when you petition. This is the normal/most common processes for bringing an adopted child to the US. Most USC citizens cannot live abroad for 2 years to satisfy the residency requirement (unless they work abroad) so it’s an alternate option. 
 

The Hague/Orphan process was an option my mother tried and abandoned (for outside reasons) when the child was 8. So now we’re past the age requirement for that and it looks like out of luck for the immediate relative pathway as well. 

[SusieQQQ 11,586]

1 hour ago, Beegirl said:

That’s under the immediate relative process only. It explicitly states that under the Hague or non-Hague/Orphan process of adoption that the beneficiary needs to be under 16 when you petition. This is the normal/most common processes for bringing an adopted child to the US. Most USC citizens cannot live abroad for 2 years to satisfy the residency requirement (unless they work abroad) so it’s an alternate option. 
 

The Hague/Orphan process was an option my mother tried and abandoned (for outside reasons) when the child was 8. So now we’re past the age requirement for that and it looks like out of luck for the immediate relative pathway as well. 

Please read the actual extract you quoted. That is for the process that takes place when you are adopting the child and trying to get them to the US at the same time.

Why are you out of luck for the IR pathway?  If she wants it that bad she has 3 years, more than the required time, to go back and live with her child before time runs out. If she doesn't want it that bad, she is not out of luck, she chooses not to take that option. Maybe you should just get your adopted sister to enter DV and pray to get selected. 

[JFH 12,190]

7 hours ago, Beegirl said:

That’s under the immediate relative process only. It explicitly states that under the Hague or non-Hague/Orphan process of adoption that the beneficiary needs to be under 16 when you petition. This is the normal/most common processes for bringing an adopted child to the US. Most USC citizens cannot live abroad for 2 years to satisfy the residency requirement (unless they work abroad) so it’s an alternate option. 
 

The Hague/Orphan process was an option my mother tried and abandoned (for outside reasons) when the child was 8. So now we’re past the age requirement for that and it looks like out of luck for the immediate relative pathway as well. 

This is irrelevant. This applies to USCs who are adopting a child overseas through an adoption agency - not for people who want to bring their child here who happens to have joined the family by adoption in the past. 

[Boiler 45,519]

I was just wondering what control she had over her upbringing, is all the paperwork, school records, health showing her adopted mothers details?

[Beegirl 21]

6 hours ago, JFH said:

This is irrelevant. This applies to USCs who are adopting a child overseas through an adoption agency - not for people who want to bring their child here who happens to have joined the family by adoption in the past. 

 

11 hours ago, SusieQQQ said:

Please read the actual extract you quoted. That is for the process that takes place when you are adopting the child and trying to get them to the US at the same time.

Why are you out of luck for the IR pathway?  If she wants it that bad she has 3 years, more than the required time, to go back and live with her child before time runs out. If she doesn't want it that bad, she is not out of luck, she chooses not to take that option. Maybe you should just get your adopted sister to enter DV and pray to get selected. 

Omg. The Hague/Orphan process is the most COMMON way to bring adopted children over. It was our BEST BET. It cannot be applied for after 16. So we missed our chance with that. My mother went ahead and fully adopted her anyway. BUT the immediate relative pathway is damn near impossible for a USC who is based and lives in the US to qualify for because of the residency requirement! Again that’s why The Hague/Orphan process was our best bet. I’m sure most adults can see the obvious difficulty/limitations in moving to another country for 2 years. 

 

Yes it does seem like our only option is DV and pray or student.

[Beegirl 21]

17 minutes ago, Boiler said:

I was just wondering what control she had over her upbringing, is all the paperwork, school records, health showing her adopted mothers details?

School records yes, baptismal certificate no. Healthcare, no.