Petitioning Biological Parents

[ImmHelp123 13]

Hello, I have a serious question -- that I am currently struggling with:

 

Currently, I am a 28 yo male, naturalized Citizen, living in the USA.  My biological mother currently lives in Venezuela. I was adopted as an adult, however, at the age of 26 for reasons that are not important for this post.  My question is whether I can petition for my biological mother despite the fact that I was legally adopted.

 

Any feedback is appreciated.  This is really weighing heavy on my mind.

[TNJ17 1,329]

If you were adopted after you were given permanent residency in the States you will have problems with this. I don’t think that is allowed because they will see it as you were only adopted so you could bring parents over. Search this forum because someone posted something about how you’re not allowed to do that. 

[Just Paul 4,591]

Adoption terminates the biological parents rights with very very few exceptions.  I would be very surprised if USCIS would recognize them as your "parents".  Hopefully someone has something else to say about this.  Probably a case for an immigration attorney.

[aleful 1,905]

hi

 

nope, once your biological mom gave up her rights for your adoption, she isn't legally your mom.

 

you were legally adopted and your biological family isn't your family anymore

 

 

[Sunnyland 639]

Once your biological parents give someone else the right to adopt you then that it's. You can not petition your birth parents, otherwise naturalized citizens would be petitioning for their biological parents plus their adoptive parents (if they were not USC ) and this would have no end. I was not aware that an adult person could be adopted. 

[Just Paul 4,591]

5 minutes ago, Sunnyland said:

I was not aware that an adult person could be adopted.

Yes it is a real American thing.

[Ontarkie 13,914]

Since you were adopted as an adult you didn't need your parents to give up their rights. That adoption still terminated your parents and your relationship. They cannot be petitioned by you as you declared them no longer your parents by getting adopted.

Sadly you also can no longer inherit anything from them and them from you. 

[Sunnyland 639]

19 minutes ago, Paul & Mary said:

Yes it is a real American thing.

 

I wonder if I am too old to be adopted by Bill Gates.  

Jokes aside, what is the age limit to be adopted as adult in the US?

[Unlockable 7,306]

1 hour ago, NeedImmHelp123 said:

Hello, I have a serious question -- that I am currently struggling with:

 

Currently, I am a 28 yo male, naturalized Citizen, living in the USA.  My biological mother currently lives in Venezuela. I was adopted as an adult, however, at the age of 26 for reasons that are not important for this post.  My question is whether I can petition for my biological mother despite the fact that I was legally adopted.

 

Any feedback is appreciated.  This is really weighing heavy on my mind.

To answer your question, you won't be able to petition for your bio mother.

 

Actually, being adopted as an adult would likely make your case more difficult. Seeking to petition for your bio mother just 2 years after being adoption raises a lot of questions. Children that are young are usually adopted because they biological parents are absent or incapable of caring for them. So adoptive parents raise them and provide for them. However, as an capable adult, there is less need for parents to provide for them. Whatever reason you were adopted as an adult is your personal business. But the points I just made would be something that immigration would be curious about had you attempted to petition for your mother.

[SusieQQQ 11,584]

USCIS explicitly says that a parent-child relationship must still exist for a child to petition a parent, and that an adoption terminates such a relationship and therefore an adopted child cannot petition the biological parent.

[databit 328]

"I was adopted as an adult, however, at the age of 26 for reasons that are not important for this post." 

 

Hmmm....Can't help wondering if it was to get you eventual naturalization

[SusieQQQ 11,584]

16 minutes ago, databit said:

"I was adopted as an adult, however, at the age of 26 for reasons that are not important for this post." 

 

Hmmm....Can't help wondering if it was to get you eventual naturalization

I wondered too, but given the age and the fact that it was only 2 years ago and OP is already naturalized I can’t see how it would have been. Nevertheless, he remains unable to petition biological parent.

[JFH 12,189]

The same would apply for a surrogate or sperm/egg donor. They are the biological parent but not the legal parent. USCIS requires more than genetics to approve a petition for a parent - they require the legal status also. 

[TM92 527]

18 hours ago, Sunnyland said:

I wonder if I am too old to be adopted by Bill Gates. 

I'd bet Bill is a joker; he'll probably bequeath you a centillion of worthless Zimbabwe dollars

[ImmHelp123 13]

59 minutes ago, JFH said:

The same would apply for a surrogate or sperm/egg donor. They are the biological parent but not the legal parent. USCIS requires more than genetics to approve a petition for a parent - they require the legal status also. 

 

Could you point to any law or source that establishes the fact that USCIS requires a legal status?  I simply want to make sure that I have the right information.  I immigrated to the US with my father -- not my mother.  I gained no immigration benefit from my adoption.  I was a citizen prior to the adoption.  

 

The Adjudicator's Field Manual states specifically:  

 

(D) Petition by Adopted Child for Natural Parent(s) Prohibited.    

If a woman or couple give up a child for adoption, and that adoption meets the requirements set forth in section 101(b) of the Act, the natural parent(s) can gain no immigration benefit from that child (see Matter of Li, 20 I. & N. Dec. 700). Accordingly, such child is prohibited from petitioning for his or her natural parent(s), since the relationship between the child and the natural parent(s) was severed at the time of the adoption. This prohibition is in effect regardless of whether the child gains any immigration benefit through his or her adoptive parents (Matter of Li overruled prior precedent decisions in this regard).    

 

However, if the adoption in question does not meet all of the requirements of section 101(b) of the Act (see below), e.g., if the child was over age 16 at the time of the adoption, then the relationship between the child and his or her natural parent(s) was not severed, and the child is not prohibited from petitioning for such natural parent(s).    

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-5840.html

 

Further, the Adjudicator's Field Manual, under the Petition for a Parent section, state: 

 

(3)     Relationship     .                    

          In order for the beneficiary to be considered the parent of the petitioner:                    

1.     The petitioner must have once qualified as the child of the beneficiary under one or more of the definitions contained in section 101(b)(1) of the Act; and        
2.     The relationship must continue to exist, even though the petitioner is over age 21 and, therefor, no longer a child. If the relationship has been terminated (as would happen in the case of a stepparent-stepchild relationship if marriage between the stepparent and natural parent were to be terminated by divorce or annulment, or would happen in the case of any other parent-child relationship if the child were to be given up for adoption), the beneficiary would no longer be eligible for classification as a par ent, even though the petitioner had once been considered to be the beneficiary’s child.        

      The requirements for establishing the parent-child relationship are the same as with petitions for children, except that the roles of the petitioner and the beneficiary are reversed (see Chapter 21.4 of this field manual).

 

Lastly, I would like to further clarify, that for immigration purposes -- I do not qualify as an adopted child, given that under Act 101(b), an adopted child is defined as:

 

    (E)   (i)  a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years  or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or    
    (ii)  subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years;

 

Quote