Non-Hauge country adoption and immigration (split and merge)

[Sam200 0]

My uncle is sponsored under F4 category. He has a family of five which includes his wife, two children and an adopted daughter. The adopted daughter was adopted in 2012 when she was at age 12 and has been living with my uncle for 6 years. Her name was included in CEAC in June 2016 and after case completion she was called for interview with the rest of the family. My uncle had his interview on 15th Nov 2016 but the adopted daughter got her visa refused. Interviewer told that there are no proper laws for adoption in Pakistan so they can't consider her. Now, we are really in a desperate situation as she is an orphan and there is no one to look after her in Pakistan. Could someone please help me in this regard?

[Sam200 0]

My case is related to Pakistani adoption and might help you in some way. Following are my case details:

My uncle is sponsored under F4 category. He has a family of five which includes his wife, two children and an adopted daughter. The adopted daughter was adopted in 2012 when she was at age 12 and has been living with my uncle for 6 years. Her name was included in CEAC in June 2016 and after case completion she was called for interview with the rest of the family in Islamabad, Pakistan. My uncle had his interview on 15th Nov 2016 but the adopted daughter got her visa refused. Interviewer told that there are no proper laws for adoption in Pakistan so they can't consider her. Now, we are really in a desperate situation as she is an orphan and there is no one to look after her in Pakistan. Could someone please help me in this regard?

Kindly let me know if you know of anything.

[Unlockable 7,306]

First off, I am so sorry for the situation your family are in. It is always tough when a family member, especially a minor, is left behind.

Unfortunately this is not going to be an easy fix. You really need to consult a very good attorney or two. This is going to require a lot of time and money.

Is it true that adoption is not recognized in Pakistan? This is the first I have heard of it. If it is true then unfortunately it means that she will not have a path to the US.

[Boiler 43,446]

So she was adopted through the Family Court?

[Merrytooth 5,748]

https://travel.state.gov/content/adoptionsabroad/en/country-information/learn-about-a-country/pakistan.html

• Pakistan has no statute that provides for the adoption of children; thus there is no law setting forth age, residency, or marriage requirements. In general, adoptions are a community matter in Pakistan. People often opt for informal adoptions according to their faith, outside the Family Courts. Such informal adoptions do not meet the criteria set forth in the U.S. law for the issuance of an immigration visa to an adopted child. Prospective adoptive parents must comply with U.S. legal requirements in the I-600 process and applicable provisions of the Guardians and Wards Act of 1890 in Pakistan.

[Sam200 0]

Actually, there are no proper laws for adoption.
Neither there are preventive laws for adoption. But it is practised via an adoption deed, verbally or Islamic principles (Kafala).
And since it is a universal law that if there are no preventive laws, any activity is legal if it is practised commonly.

We're thinking to lodge an appeal against the decision at Islamabad embassy now. Do let me know if you come to know about anything?
Thanks.

[Sam200 0]

Actually, no.
She was adopted via an adoption deed signed by her mother (my uncle's sister) in her last days. That adoption deed was attested by Justice of Peace.

[KierenHby 897]

Did they legally satisfy documentary requirements relative to adoption laws practiced in the west? The US embassy has to go by those set of regulations.

This site might be useful. Needs to be a guard against the not-so-uncommon practice in Asian cultures to adopt a child of a sibling for promise of a better life. Hopefully that's not the case here.

[Boiler 43,446]

Has to be a legal Adoption.

[fellaamazing 72]

Sam,

First of all, one of the adoptive parents must be a US citizen. For permanent residents there are clauses about living with the child for 2 years, not sure if you can somehow satisfy that part or not.

The way it works is you have to find an adoption agency in United States that will cost you about $10,000 (minimum) That include program cost of about 5000, home visits. And fee to make a connection with the lawyer working in Pakistan, so that the adoption agency can claim to be primary provider in both countries.

Hands Across the Water in Ann Arbor, MI is one such agency. There are others who do deal with Pakistan within United States. Majority of regular and international adoption agencies do not deal with Pakistan.

The major major important part you are missing is Family court. You need a guardianship decree from family court in Pakistan. If that is in place, you can apply for new birth certificate for child with adopted parents name, you can have I600A and I600 filed, and get the immigration visa.

Once the child comes to United States, there will be post home visits by the agency, and then you will go to court and finalize the adoption. At that point Child belongs to the adoptive parents legally, not the birth parents.

[Sam200 0]

https://travel.state.gov/content/adoptionsabroad/en/country-information/learn-about-a-country/pakistan.html

Thanks for the link.

Tell me one thing, apparently, the link seems to be for US citizen adopting a child from Pakistan. Pardon me if I am wrong.

Please tell me would my uncle has to follow the same procedure as well or not?

He's been in administrative processing after the interview under F4 category for insufficient income of sponsor and the step-daughter has been refused visa.

Thanks

https://travel.state.gov/content/adoptionsabroad/en/country-information/learn-about-a-country/pakistan.html

Thanks for the link.

Tell me one thing, apparently, the link seems to be for US citizen adopting a child from Pakistan. Pardon me if I am wrong.

Please tell me would my uncle has to follow the same procedure as well or not?

He's been in administrative processing after the interview under F4 category for insufficient income of sponsor and the step-daughter has been refused visa.

Thanks

[Boiler 43,446]

Two threads going, it was an informal adoption, not through the Family Court.

[Merrytooth 5,748]

This might help with good explanation of adoption procedures

https://adoption.com/forums/thread/405922/relative-adoption-pakistan-please-help/

[Unlockable 7,306]

Another important note is that the legal adoption must been completed before the child turns 16 years of age.

[KierenHby 897]

Adopted at age 12