Adoption in Mexico

[Timona 4,207]

15 hours ago, chioparis said:

The child is 9.  She was placed in our care by gov entity (comparable to CPS in the USA) when she was 5.

 

Are you related to this child by any circumstance? niece? etc

[chioparis 15]

18 minutes ago, Timona said:

 

Are you related to this child by any circumstance? niece? etc

Yes, she is the granddaughter of my cousin.

[Mike E 11,739]

Oh.

 

Orphan?

Edited January 25, 2023 by Mike E

[Boiler 45,445]

2 minutes ago, Mike E said:

Oh.

 

Orphan?

I thought Orphan was a separate category.

[chioparis 15]

1 minute ago, Mike E said:

Oh.

 

Orphan?

No - but.... her mother is the only one in her birth certificate and it's a sad reality, but we live in one of the most dangerous cities in the world and she hangs out with the toughest crowds.  Would process change if she became an orphan?

 

(Hope I don't sound so dark - but it is really dangerous here)

[Timona 4,207]

Her dad is still alive? 

 

Even if the mother passed, her dad would be assumed to take care of her. 

 

Seems you're trying to immigrate non-direct relative through "adoption." I don't see this trick passing immigration. Good luck.

[Mike E 11,739]

1 minute ago, Boiler said:

I thought Orphan was a separate category.

The basis behind my question is that my impression (from years of reading visajourney) is that USCIS / State take dim views of adoptions of  relatives whose biological parents are still living and still capacitated. The oft-post “Can I adopt my niece” question for example. 
 

Hence my question if the child was an orphan. 
 

1 minute ago, chioparis said:

No - but.... her mother is the only one in her birth certificate and it's a sad reality, but we live in one of the most dangerous cities in the world and she hangs out with the toughest crowds.  Would process change if she became an orphan?

@Family will hopefully correct me but this no longer is text book as I earlier proclaimed.
 

And this was critical information missing from  your OP.  I can understand why you are having trouble finding a lawyer. 
 

It’s looking like N-600K to me. 

[chioparis 15]

23 minutes ago, Timona said:

Her dad is still alive? 

 

Even if the mother passed, her dad would be assumed to take care of her. 

 

Seems you're trying to immigrate non-direct relative through "adoption." I don't see this trick passing immigration. Good luck.

It might seem that way - but the truth is, the only reason we moved here from the US was to become parents for this child.  So no tricks- this child is ours and calls us mom/dad.  Now we are just trying to come home with our kid.

[chioparis 15]

22 minutes ago, Mike E said:

The basis behind my question is that my impression (from years of reading visajourney) is that USCIS / State take dim views of adoptions of  relatives whose biological parents are still living and still capacitated. The oft-post “Can I adopt my niece” question for example. 
 

Hence my question if the child was an orphan. 
 

@Family will hopefully correct me but this no longer is text book as I earlier proclaimed.
 

And this was critical information missing from  your OP.  I can understand why you are having trouble finding a lawyer. 
 

It’s looking like N-600K to me. 

Is there really a way for USCIS to know we are related unless we volunteer that information?  

 

N600k would entail to apply for tourist visa then us citizenship once in USA?

27 minutes ago, Timona said:

Her dad is still alive? 

It is unknown - he is not listed in her birth certificate and no one knows who it is.

[chioparis 15]

It seems the process doesn't change because we are related... but maybe I am interpreting this wrong?

 

LINK

 

"U.S. citizens wishing to adopt a child relative from abroad and then petition for that child to immigrate to the United States following the completion of the adoption must generally proceed in the same way as non-relative U.S. prospective adoptive parents. "

[Chancy 6,241]

22 minutes ago, Mike E said:

It’s looking like N-600K to me. 

 

Even N600K will be a no-go if USCIS thinks the adoption is for immigration purposes of a child not otherwise eligible.

 

2 minutes ago, chioparis said:

Is there really a way for USCIS to know we are related unless we volunteer that information?  

 

Um, the above comment, plus you leaving out critical information about the child being your relative, with biological mother still alive and not mentally incapacitated, makes me think you really need a lawyer.

 

[Boiler 45,445]

I had assumed they were related, perhaps I have seen too many similar cases

[Mike E 11,739]

9 minutes ago, Chancy said:

 

Even N600K will be a no-go if USCIS thinks the adoption is for immigration purposes of a child not otherwise eligible.

 

Agreed. My point is that N-600K might be better because OP will get to the answer faster.  And if the answer is no, OP can continue to raise the child in Mexico until adulthood. 
 

The IR-2 process might not get to a “no” until the visa interview.  

[Mike E 11,739]

19 minutes ago, chioparis said:

It seems the process doesn't change because we are related... but maybe I am interpreting this wrong?

 

LINK

 

"U.S. citizens wishing to adopt a child relative from abroad and then petition for that child to immigrate to the United States following the completion of the adoption must generally proceed in the same way as non-relative U.S. prospective adoptive parents. "

The process per se doesn’t change. The scrutiny magnifies. As the link in provided you points out, you needed competent legal representation before you started.  You might yet salvage this. 

[Family 3,988]

Absolutely fine for the adoption to be by family members, there will be no issues..nAnd N-600 K is not an option since the family stated goal is to relocate to US as soon as possible. 
As @Chancy posted , once I-130 approved and she is admitted at POE , she can immediately file for US passport and after do the N-600.