Bringing my wife's mother to the US, with an adopted child

[Waiting_In_SC 28]

Hello everyone. You guys were very helpful to me when we were in the process of my wife's adjustment of status and naturalization. I have another question, and hopefully will be able to get some answers and advice on this issue.

My wife, who is from Mexico, became a permanent resident in 2012, and then became a US Citizen in 2019. We've been planning on applying to bring her mother here, but just haven't gotten around to it, yet. 

Recently, my wife's sister, who lives in Mexico, has made a series of very, very poor decisions, and has been arrested and is facing some serious charges and jail time. I anticipate her being convicted, unfortunately. Her 11 year-old son is now living with my mother-in-law. If my sister-in-law is, indeed, convicted, she likely will not get out of prison before he is considered an adult.

 

My wife and I feel as though the best thing for him is for my sister-in-law to sign away her parental rights, and have my mother-in-law adopt him so that she can effectively raise him and be able to legally make decisions regarding him. 

 

Here's where my question comes in. If we apply for my mother-in-law to immigrate here, assuming the adoption of the child is done and buttoned up prior to us applying, will the minor child be included and approved once she is approved? If I understand the rules correctly, I believe that minor children are included with parents when permission to immigrate is granted. Would the same rules apply to an adopted minor child, especially considering the adopted child is a blood relative?

 

Thanks in advance for any advice!

[Family 3,818]

No . derivative beneficiary is not allowed in IR/ immediate relative cases.

MIL needs to have 2 years physical and legal custody for adoption to count . So 2 years from final adoption decree In MX court.

 

 You can file I-130 for MIL now and delay case until that date.

 

Once she comes in as LPR, she then files I-130 ( F-2 A category) for adopted child . She can then do I-131 and go back to MX to care for him and await his case processing.

 

Where is biological father of child ?

[Lil bear 4,033]

13 minutes ago, Waiting_In_SC said:

Hello everyone. You guys were very helpful to me when we were in the process of my wife's adjustment of status and naturalization. I have another question, and hopefully will be able to get some answers and advice on this issue.

My wife, who is from Mexico, became a permanent resident in 2012, and then became a US Citizen in 2019. We've been planning on applying to bring her mother here, but just haven't gotten around to it, yet. 

Recently, my wife's sister, who lives in Mexico, has made a series of very, very poor decisions, and has been arrested and is facing some serious charges and jail time. I anticipate her being convicted, unfortunately. Her 11 year-old son is now living with my mother-in-law. If my sister-in-law is, indeed, convicted, she likely will not get out of prison before he is considered an adult.

 

My wife and I feel as though the best thing for him is for my sister-in-law to sign away her parental rights, and have my mother-in-law adopt him so that she can effectively raise him and be able to legally make decisions regarding him. 

 

Here's where my question comes in. If we apply for my mother-in-law to immigrate here, assuming the adoption of the child is done and buttoned up prior to us applying, will the minor child be included and approved once she is approved? If I understand the rules correctly, I believe that minor children are included with parents when permission to immigrate is granted. Would the same rules apply to an adopted minor child, especially considering the adopted child is a blood relative?

 

Thanks in advance for any advice!

Immigration visa for a parent of a USC does not allow for “derivatives” .. that means that any child.. adopted or natural.. needs their own visa. The child cannot immigrate as part of the mother's immigration visa. Assuming the adoption meets all required documentation for the USCIS, the mother could apply for the child once she has her GC status but b the child cannot immigrate until the process is completed.  

[Waiting_In_SC 28]

9 minutes ago, Family said:

Where is biological father of child ?

Thank you for the reply! The father disappeared as soon as he found out she was pregnant. He has no contact with his son, nor any interest in having any contact with him. It's sad.

 

11 minutes ago, Lil bear said:

Assuming the adoption meets all required documentation for the USCIS, the mother could apply for the child once she has her GC status but b the child cannot immigrate until the process is completed.  

 

Thank you for responding!

 

So, we could go ahead and get the process underway for my mother-in-law, and at the same time, she can be working through the adoption process in MX. Once permission is granted to her, she could then apply for the child once the adoption process is complete. 

Do I understand that correctly?

[powerpuff 6,438]

6 minutes ago, Waiting_In_SC said:

Once permission is granted to her, she could then apply for the child once the adoption process is complete.

She will also have to enter the US on the IR5 visa. In other words, she needs to be a lawful permanent resident (LPR) to apply for the child in addition to the adoption requirements 

[Family 3,818]

23 minutes ago, Waiting_In_SC said:

Thank you for the reply! The father disappeared as soon as he found out she was pregnant. He has no contact with his son, nor any interest in having any contact with him. It's sad.

 

 

Thank you for responding!

 

So, we could go ahead and get the process underway for my mother-in-law, and at the same time, she can be working through the adoption process in MX. Once permission is granted to her, she could then apply for the child once the adoption process is complete. 

Do I understand that correctly?

You got it .