Adopting a niece from the PI

[Jojo92122 1,924]

Once the adoption is completed and PSA has issued the "new birth certificate" they are parents the same as anyone else.

Intercountry adoption is another critter.

Adoption is a PI matter.

Immigration is a US matter.

A legal adoption in the PI does not guarantee a US visa. The US Government will not issue visas for adopted children who are not orphans.

If legal adoption in the PI was all it takes to get an adopted child a visa, I would have done that years ago and have 30 of my relatives as adopted children.

[EM_Vandaveer 2,364]

Hello everyone! I have a question, to those who adopted their relative, did you guys had problems bring the kids here to u.s?

I am adopting my 2 niece from the philippines. We've been supporting them since birth, i know we can prove that to the phil court, my worried is that if they can get visa from usem once the petition was approved. Thanks

They cannot get an immigrant visa right away. Once the adoption is final, you need to live with them for 2 years. After this requirement is fulfilled, you should be able to petition for them.

[Sagot 1,548]

OK??? You copy/pasted what I posted a link to, and I already noted that it states the 2 year requirement...

[EM_Vandaveer 2,364]

Adoption is a PI matter.

Immigration is a US matter.

A legal adoption in the PI does not guarantee a US visa. The US Government will not issue visas for adopted children who are not orphans.

If legal adoption in the PI was all it takes to get an adopted child a visa, I would have done that years ago and have 30 of my relatives as adopted children.

If OP lives with the children for 2 years after the adoption is final, OP should be able to petition for them, though.

OK??? You copy/pasted what I posted a link to, and I already noted that it states the 2 year requirement...

Just trying to provide information for future readers of the thread. Some people won't click on links.

[Jojo92122 1,924]

Once you have completed the adoption in the Philippines there is no issue with the visa process.

OK??? You copy/pasted what I posted a link to, and I already noted that it states the 2 year requirement...

You also said that there would be no issue with the visa process after the adoption in the PI which is not true.

If OP lives with the children for 2 years after the adoption is final, OP should be able to petition for them, though.

No. The children still have to meet the requirement to be orphans. Since this is not a Hague Convention adoption, it must meet the Orphan Process.

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

mmigration through Adoption

Immigration through adoption, or “Intercountry adoption,” refers to the adoption of a child born in one country by an adoptive parent living in another country. USCIS plays a key role in the intercountry adoption process.

United States immigration law provides three different processes through which someone may immigrate on the basis of an intercountry adoption. An individual may immigrate under one of these provisions only if the individual’s adoption meets all the requirements of that specific process.

Two separate processes apply only to children adopted by U.S. citizens. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.

• The Hague Process: if the child habitually resides in a country that is a party to the Hague Intercountry Adoption Convention.
• The Orphan Process: (non-Hague): if the Hague Intercountry Adoption Convention does not apply.

Many aspects of the Hague and Orphan requirements are similar. To learn details about each adoption process, see the links to the specific process under the “Immigration through Adoption” to the left.

Another process applies to a U.S. citizen or permanent resident who may petition for his or her adoptive child through an Immediate Relative Petition. For more information go to our Other Adoption Related Immigration page.

Edited September 30, 2016 by Jojo92122

[Jojo92122 1,924]

Hello everyone! I have a question, to those who adopted their relative, did you guys had problems bring the kids here to u.s?

I am adopting my 2 niece from the philippines. We've been supporting them since birth, i know we can prove that to the phil court, my worried is that if they can get visa from usem once the petition was approved. Thanks

Are the parents alive?

Will you be able to go live with them in the PI for 2 years?

[EM_Vandaveer 2,364]

No. The children still have to meet the requirement to be orphans.

Also from the same link:

"The childs natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death, disappearance, abandonment, or desertion by the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child and to the childs emigration and adoption.

If a child has two living natural parents, the natural parents are incapable of providing proper care for the child."

So no, having no living biological parent(s) is not a requirement, as long as they

1) gave up their parental rights

2) if there are two of them, they can't care for the child.

[Sagot 1,548]

You also said that there would be no issue with the visa process after the adoption in the PI which is not true.

No. The children still have to meet the requirement to be orphans. Since this is not a Hague Convention adoption, it must meet the Orphan Process.

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

mmigration through Adoption

Immigration through adoption, or “Intercountry adoption,” refers to the adoption of a child born in one country by an adoptive parent living in another country. USCIS plays a key role in the intercountry adoption process.

United States immigration law provides three different processes through which someone may immigrate on the basis of an intercountry adoption. An individual may immigrate under one of these provisions only if the individual’s adoption meets all the requirements of that specific process.

Two separate processes apply only to children adopted by U.S. citizens. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.

• The Hague Process: if the child habitually resides in a country that is a party to the Hague Intercountry Adoption Convention.
• The Orphan Process: (non-Hague): if the Hague Intercountry Adoption Convention does not apply.

Many aspects of the Hague and Orphan requirements are similar. To learn details about each adoption process, see the links to the specific process under the “Immigration through Adoption” to the left.

Another process applies to a U.S. citizen or permanent resident who may petition for his or her adoptive child through an Immediate Relative Petition. For more information go to our Other Adoption Related Immigration page.

Sorry about the hiccup. I searched through the embassy website to find the 2 year requirement that you will have to meet after the adoption is finalized. I posted a link to this .

The adoption process is governed by the Philippines in your case. The immigration process has the requirements I posted a link to above.

[Jojo92122 1,924]

Also from the same link:

"The childs natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death, disappearance, abandonment, or desertion by the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child and to the childs emigration and adoption.

If a child has two living natural parents, the natural parents are incapable of providing proper care for the child."

So no, having no living biological parent(s) is not a requirement, as long as they

1) gave up their parental rights

2) if there are two of them, they can't care for the child.

You are looking at the requirements for a Hague Convention Process.

This is a non-Hague Convention adoption so it must meet the orphan requirements of the Orphan Process.

If it was simply the parents giving up their parental rights, I would have 30 adopted children.

Edited September 30, 2016 by Jojo92122

[EM_Vandaveer 2,364]

You are looking at the requirements for a Hague Convention Process.

This is a non-Hague Convention adoption so it must meet the orphan requirements of the Orphan Process.

You are right. However, orphan is defined as

"a foreign-born child who:

does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents

OR

has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption"

So that's still not the same as the biological parents being actually dead. I'm not sure if giving up parental rights counts as abandonment, but it could.

[Umka36 781]

I'll assume the OP also knows that by severing ties with the biological parents, the adoptee can't ever petition their biological parent.

There's a 3rd route for adopting besides the Hague and Orphan route.

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

[Sagot 1,548]

Adoption is defined as a socio-legal process of providing a permanent family to a child whose parents have voluntarily or involuntarily relinquished parental authority over the child.

Adoption is for children who cannot be reared by their biological parents and who need and can benefit from new and permanent family ties. Adoption provides the same mutual rights and obligations that exist between children and their biological parents. It comprises of social work and other professional services that are required in the placement of children in adoptive families.

Children whose parents are either absent or unable to function as parents require the protection of the State. Protection of the child requires sufficient study to make certain that the placement is suitable and present no hazard to the child’s growth and development. The State through the Department of Social Welfare and Development has a concern in every adoption including those by stepparents and relatives.

There are two types of adoption in the Philippines:

1. Agency adoptions are those in which a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed. The adoptive families go through the process from application to finalization of the child’s adoption under the auspices of the Department of Social Welfare and Development or a licensed child-placing agency like the Kaisahang Buhay Foundation. Through this type of adoption, the legal rights of the child, the parents who gave birth to the child and the parents who will adopt the child, are all equally protected.
   
2. Family or relative adoptions are those where the biological parents make a direct placement of the child to a relative or a member of their extended family with whom they relinquish their child.
   

The following are components of adoption:

• Recruitment of potential adoptive families who may provide a home to a child;
  
• Development of adoptive applicants as parents to a particular child in need of a home;
  
• Selection of a family who can best contribute to the total development of a particular child;
  
• Preparation of the child and family prior to placement to insure acceptance and readiness for the new relationship;
  
• Supervision of trial custody for at least six months to facilitate the child’s adjustment in the family prior to the completion of adoption;
  
• Preparation for removal of the child from the adoptive home if the placement disrupts while alternative plans are being worked out;
  
• Finalization of adoption and termination of service with issuance of the final decree of adoption and amended birth certificate;
  
• Organization of groups of adoptive parents as part of support system; and
  
• Post-legal adoption counselling when adoptive family and adoptee need further counselling related to information about adoptee’s background and search for his/her biological parents.
  

EFFECTS OF ADOPTION

• Sever all legal ties between the biological parent(s) and the adoptee, except when the biological parent is the spouse of the adopter;
  
• Deem the adoptee as a legitimate child of the adopter;
  
• Give adopter and adoptee reciprocal rights and obligations arising from the relationship of parent and child, including but not limited to;
  
• The right of the adopter to choose the name the child is to be known; and
  
• The right of the adopter and adoptee to be legal and compulsory heirs of each other.
  

Edited October 1, 2016 by Philippines^Sagot

[EM_Vandaveer 2,364]

So my understanding is this:

Regardless if the child is an orphan or not, if a USC legally adopts a child in a foreign country following the domestic adoption rules of that country AND THEN proceeds to live with said child for 2 years, the USC can file an IR petition for the child the same he or she could file for a biological child. (Obviously not claiming that the child is their biological child but declaring the adoption.)

Similar process would be when a USC stepparent of an alien child (as long as he or she married the child's alien parent before the child's 18th birthday) can petition for said child as an immediate relative even though there is no biological relationship between them.

[Sagot 1,548]

Pretty much.

[EM_Vandaveer 2,364]

So there is OP's answer. As long as OP lives with the children in PI for two years after the adoption is final, OP will be able to petition for them.