LPR Adopted Children

[Dub.Andrew 1]

Hello,

 

My wife is a Legal Permanent Resident (LPR) and adopted a child from her country.  What would be the quickest way for the child to legally come to America? 

[Liam2021 551]

https://www.uscis.gov/adoption

 

Unfortunately, only US Citizens can adopt a child.

[Illiria 980]

Legal adoption and ability to obtain an immigrant visa for that child can often be two very separate prospects. There are many factors that affect it - some are listed below.

 

Is the adopter a US citizen? 

Was the child legally adopted? 

Does the child have a living parent?

What age was the child when the legal adoption was completed?

Has the adopter lived for two years with the child prior to the petition?

Edited April 16, 2018 by Illiria

[geowrian 22,335]

12 minutes ago, H&T said:

https://www.uscis.gov/adoption

 

Unfortunately, only US Citizens can adopt a child.

Adoption is a separate issue from immigration. Anybody can adopt a child regardless of status, so long as they comply with the laws within the country where you complete the adoption.

 

There is overlap in that some adoptions can qualify for immigration benefits. As stated directly above this post, there has to be a number of requirements met before an adoption can qualify for immigration benefits.

[Unlockable 7,306]

 

1 hour ago, Dub.Andrew said:

Hello,

 

My wife is a Legal Permanent Resident (LPR) and adopted a child from her country.  What would be the quickest way for the child to legally come to America? 

Unfortunately, there is no quick way. It will require a lot of time (possibly years). Not only that, adoption doesn't guarantee your wife will be even able to bring the child to the US.

[payxibka 10,044]

1 hour ago, H&T said:

https://www.uscis.gov/adoption

 

Unfortunately, only US Citizens can adopt a child.

So not true

 

 

There are three processes for adopting a child internationally.

Two separate processes apply only to children adopted by U.S. citizens. Depending on what country you choose to adopt from will determine which process you will adopt by.

Hague

Orphan (Non-Hague)

Another process applies to a U.S. citizen or permanent resident who may petition for his/her adoptive child through an Immediate Relative Petition.

[SusieQQQ 11,584]

Well here’s from the horse’s mouth re LPR’s adopting.  Link below with some extracts....

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/adoption-by-non-us-citizens-living-in-us.html

 

Each year our office learns of cases in which lawful permanent residents (LPRs) of the United States have legally adopted a child in another country and then found out that the child cannot join them in the United States. Generally an LPR wishing to adopt a child who is not a U.S. citizen or LPR will have more options to apply for an adopted child to join them in the U.S. if they first become a U.S. citizen through naturalization.

....

...an LPR may bring an adopted foreign-born child to the United States based on an approved Form I-130 immigrant visa petition in the immigrant category "F2A" if the adopted child meets the definition of "child" in Section 101(b)(1)(E) of the Immigration and Nationality Act (INA). That section of law requires: 1) the child be adopted while under the age of 16, 2) that the child has been in the legal custody of at least one adoptive parent for at least two years, and 3) that the child has resided with the same adoptive parent(s) for at least two years. These requirements must be satisfied before the LPR adoptive parent(s) may file an immigrant visa petition for the child.

...

 

[Dub.Andrew 1]

All,

 

Thanks for all the responses.  I have a follow on question I was hoping you could help with.  If my LPR wife became a US Citizen AND the child meets all the requirements below, could we just add the children to her application for citizenship?  Or, will both be treated separately?

 

1) the child be adopted while under the age of 16, 2) that the child has been in the legal custody of at least one adoptive parent for at least two years, and 3) that the child has resided with the same adoptive parent(s) for at least two years. These requirements must be satisfied before the LPR adoptive parent(s) may file an immigrant visa petition for the child.

 

Thanks,

Dub

 

 

[SusieQQQ 11,584]

17 minutes ago, Dub.Andrew said:

All,

 

Thanks for all the responses.  I have a follow on question I was hoping you could help with.  If my LPR wife became a US Citizen AND the child meets all the requirements below, could we just add the children to her application for citizenship?  Or, will both be treated separately?

 

1) the child be adopted while under the age of 16, 2) that the child has been in the legal custody of at least one adoptive parent for at least two years, and 3) that the child has resided with the same adoptive parent(s) for at least two years. These requirements must be satisfied before the LPR adoptive parent(s) may file an immigrant visa petition for the child.

 

Thanks,

Dub

 

 

The adoption itself is one issue. Children gaining citizenship on the back of parents naturalizing is a separate issue. The only link is if you are able to make the child an LPR first, via the adoption. 

 

So ( assuming you are able to meet the above requirements and the child is living with you in the US as an LPR)  if the child is under 18 when your wife naturalizes, the child will also become a citizen automatically. If the child is over 18 he/she will need to meet the normal requirements for naturalization on his/her own.