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Petitioning Birth Parents

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Hello everyone here! I have a questions, this is about my friend. When she was 6 yrs old she was adopted by her Aunts and brought here in the United States, now that shes 21, she wanted to petition her birth parents from the Philippines. Is this possible even her last name is different from her birth parents? If it possible what processes do my friend need to do in order for her to petition her birth parents in the Philippines.

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Just to be clear, it doesn't matter how you gained US citizenship. The relationship that would've allowed you to sponsor your biological parents was the parent-adult child relationship. However, that relationship was severed when you were adopted by your aunt. In the eyes of USCIS and immigration law, the only person who could now be considered your parent would be your aunt.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Timeline

As stated above by NancyNguyen, the answer is no. The link below discusses a similar situation on why your friend can't petition their biological parent after adoption.

http://www.visajourney.com/forums/topic/291443-adopted-child-petitioning-biological-parent/

and from USCIS.

Adopted Child [iNA 101 (b)(1)(E)]:

Children adopted before 16, and having 2 years legal custody and residence with adopting parent. However, if the family has already adopted a sibling, the second brother or sister who is adopted may be under 18 at time of adoption. In order for an adopted child to be considered under Immigration Law, the adoption must occur before the child turns 16 years of age, and must be coupled with 2 years of legal custody with the adopting parent and reside with the adopting parent for 2 years. Furthermore, the two year custody and residency requirements may be satisfied before or after the legal custody or adoption, by either parent. Meeting the two year legal custody requirement requires either the final adoption decree or official documentation in the form of a custody award by the court or recognized government entity. This requirement must be satisfied through an official action at a recognized government entity between the natural parent(s) and the adopting parent. Informal documents, such as sworn affidavits, are insufficient. Moreover, the natural parents of an adopted child cannot obtain immigration benefits through the natural child if the child was adopted in accordance under the provisions listed above. This is different than step-children, however, who can petition for their natural parent. If the adopted child did not and cannot acquire any immigration benefits through the adoptive parents, the natural parents may be able to petition for the child. The adopted child, also, cannot petition for their natural siblings if the child was adopted in accordance to the provisions listed above. However, if the relationship between the adopted parent and the child end, then the custody of the child goes back to the natural parent or to the state/country if the child was an orphan prior to the adoption.

Edited by Umka36

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Filed: Citizen (apr) Country: Nigeria
Timeline

As I understand it, she can't petition for her parents because she gained citizenship through adoption, therefore she cannot pass on that benefit to her biological parents. Her aunt however could have petitioned her own sibling years ago. Presently the wait time for that category - sibling of a US Citizen is 12+ years.


{Day 0}     11/16/2017 N-400 submitted online

{Day 0}     11/16/2017 NOA mailed

{Day 02}   11/18/2017 Biometrics apt scheduled

{Day 20}   12/06/2017 Biometrics done

{Day 202} 06/06/2018 Interview Scheduled

{Day 207} 06/11/2018 Interview Letter received

{Day 238} 07/12/2018 Interview Day - Approved

{Day 242} 07/16/2018 Oath Scheduled

{Day 266} 08/09/2018 Oath Ceremony - I am a US Citizen!

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From the I-130 Instruction Sheet:

Who May Not File Form I-130?

...

2. A natural parent, if the U.S. citizen son or daughter gained permanent residence through adoption.


"Ad Astra Per Aspera"

"Audentes Fortuna Adiuvat"

==========

Dec 11, 2014 - Filed I-130 via DCF @ US Embassy Manila (...and we're on the clock...) - Read about my experience filing DCF here > http://www.visajourney.com/forums/topic/527064-filed-dcf-i-130-for-ir-1-at-us-embassy-manila-aar/

Dec 11, 2014 - NOA1: Not sure what to put here, Dec 11, 2014, Dec 24, 2014 or something in between.

Dec 24, 2014 - NOA2: I called USCIS @ USEM on Jan 5, 2015 and was told the I-130 was approved on Christmas Eve. Thank you Santa!

Jan 13, 2015 - MNL Case Number & Packet 3 Received via email (I emailed the IV Unit-Manila requesting these on Jan 5, 2015 and Jan 12, 2015)

Jan 21, 2015 - NOA2: Mailed (via PhilPost!) paper/hard copy delivered to our place here in Manila.

Jan 22, 2015 - Packet 3: Mailed (again via PhilPost!) paper/hard copy delivered to out place here in Manila.

Feb 24 & 25, 2015 - Day 1 & Day 2 of Medical @ SLEC. Immunizations given on Day 2, thankfully

Mar 5, 2015 - USEM Interview Appointment - IR-1 Visa Approved! (CEAC Status updated to ISSUED afternoon of interview day)

Mar 10, 2015 - 3pm - Received SMS saying IV Package ready for pickup at 2GO MoA. Picked up at 5pm. (Shipped/Picked Up/In Hand on 3rd Business Day post interview)

Mar 13, 2015 - CFO Manila - Done

==========

Now disposing/selling/giving away/shipping to the US stuff from 14 years in the PHL and 4 years together before heading to POE.

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Sorry, I missed a line: This goes smack in the middle of the two lines I typed above:

You may not file for a person in the following categories:


"Ad Astra Per Aspera"

"Audentes Fortuna Adiuvat"

==========

Dec 11, 2014 - Filed I-130 via DCF @ US Embassy Manila (...and we're on the clock...) - Read about my experience filing DCF here > http://www.visajourney.com/forums/topic/527064-filed-dcf-i-130-for-ir-1-at-us-embassy-manila-aar/

Dec 11, 2014 - NOA1: Not sure what to put here, Dec 11, 2014, Dec 24, 2014 or something in between.

Dec 24, 2014 - NOA2: I called USCIS @ USEM on Jan 5, 2015 and was told the I-130 was approved on Christmas Eve. Thank you Santa!

Jan 13, 2015 - MNL Case Number & Packet 3 Received via email (I emailed the IV Unit-Manila requesting these on Jan 5, 2015 and Jan 12, 2015)

Jan 21, 2015 - NOA2: Mailed (via PhilPost!) paper/hard copy delivered to our place here in Manila.

Jan 22, 2015 - Packet 3: Mailed (again via PhilPost!) paper/hard copy delivered to out place here in Manila.

Feb 24 & 25, 2015 - Day 1 & Day 2 of Medical @ SLEC. Immunizations given on Day 2, thankfully

Mar 5, 2015 - USEM Interview Appointment - IR-1 Visa Approved! (CEAC Status updated to ISSUED afternoon of interview day)

Mar 10, 2015 - 3pm - Received SMS saying IV Package ready for pickup at 2GO MoA. Picked up at 5pm. (Shipped/Picked Up/In Hand on 3rd Business Day post interview)

Mar 13, 2015 - CFO Manila - Done

==========

Now disposing/selling/giving away/shipping to the US stuff from 14 years in the PHL and 4 years together before heading to POE.

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