Petitioning Biological Parents

[ImmHelp123 13]

I just wanna add that I am not trying to be argumentative. But, my soul is crushed.  I made further made an info pass appointment.  However, the anxiety is killing me.

[TM92 527]

16 minutes ago, NeedImmHelp123 said:

I just wanna add that I am not trying to be argumentative. But, my soul is crushed.  I made further made an info pass appointment.  However, the anxiety is killing me.

Depends on the terms of the adoption, https://www.legalzoom.com/articles/can-you-legally-adopt-an-adult:

Quote

Adoption is the same legal process whether the individual is a child or an adult. The court issues a new birth certificate for the adopted individual and any existing legal relationships with biological or custodial parents are severed. The adopted adult can change his or her last name, also called a surname change, and all adoption records will be sealed.

Most (if not all) adoptions sever any existing legal relationships with biological or custodial parents.

Edited October 5, 2018 by TM92

[milimelo 4,205]

How did your father immigrate and why can’t he petition your mother? Or he married a USC? 

[David & Diana R 1,005]

Just a thought.  Another interesting idea may be to divorce your adoptive parents.  I have heard of this happening with famous actors and I bet it costs a fortune.  If you divorce your adoptive parents do your biological parents, by default, regain "ownership" of you?  Not really sure.  Sounds like it's time for a very expensive attorney.

[Jorge V 195]

1 hour ago, David & Zoila said:

Just a thought.  Another interesting idea may be to divorce your adoptive parents.  I have heard of this happening with famous actors and I bet it costs a fortune.  If you divorce your adoptive parents do your biological parents, by default, regain "ownership" of you?  Not really sure.  Sounds like it's time for a very expensive attorney.

I think you're referring to becoming an emancipated minor. That wouldn't really factor in here though. Emancipated minors are granted the right to essentially be an adult and not be in the custody of their parents. They're guardianship (or parentship?) isn't transferred to anyone else though.

[SusieQQQ 11,584]

2 hours ago, NeedImmHelp123 said:

I just wanna add that I am not trying to be argumentative. But, my soul is crushed.  I made further made an info pass appointment.  However, the anxiety is killing me.

I’m sorry for this but, as an adult when it happened you must have consented to the adoption, did you not think through what all the ramifications are?

 

Extract to specify what I mentioned earlier

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

 

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    

   ·         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 parent, even though the petitioner had once been considered to be the beneficiary’s child.    

 

 

 

 

[ImmHelp123 13]

On 10/5/2018 at 5:36 PM, SusieQQQ said:

I’m sorry for this but, as an adult https://www.visajourney.com/forums/topic/686042-petitioning-biological-parents/?page=2when it happened you must have consented to the adoption, did you not think through what all the ramifications are?

 

Extract to specify what I mentioned earlier

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

 

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    

   ·         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 parent, even though the petitioner had once been considered to be the beneficiary’s child.    

1

 

 

          Thank you for your input SuieQQ.  I did want to further clarify this in case someone else, for whatever reason, comes accross this post.

         

           Legal adoption, when finalized, does terminate the legal parent-child relationship.  However, for immigration purposes, the circumstances surrounding adoption are determinative of whether an adopted child may petition for natural parent(s).  In support of this premise, I have summarized my argument hereafter

 

          Chapter 21.8 of the Adjudicator’s Field Manual,in relation to a petition for a parent, as quoted above, provides that 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, therefore, 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 parent, even though the petitioner had once been considered to be the beneficiary’s child.        

 

 

          However, in pertinent part, it further states that:

 

                    “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).”   

 

 

           The Adjudicator’s Field Manualin relation to a petition for a child, son or daughter, Chapter 21.4(d), clarifies the adjudicative issues pertaining to relationships between petitioner and beneficiary.  To be more specific, it provides adjudicators with guidelines in assessing the parent-child relationship for the following categories:

 

                    (1) Child Born in Wedlock

                       . . . 

                    (2) Step Child

                       . . . 

                    (3) Legitimated Child

                       . . . 

                    (4) Child Born out of Wedlock

                       . . . 

                    (5) Child Adopted While Under the Age of 16

 

 

          Chapter 21.4(d)(5)(D), clearly states a prohibition in relation to a family-based petition by an adopted child for natural parent(s).  However, such prohibition is qualified in the manual itself, based on the statutory interpretation of the Immigration Naturalization Act, which states that:

 

                    “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).”

 

 

          The same provision, however, provides an exception, which states, in pertinent part, that:

 

                    “f the adoption in question does not meet all of the requirements of section 101(b) of the Act (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).”

 

 

          Based on a thorough interpretation of the relevant case law, the text of the Adjudicator’s Manual, and the plain meaning of § 101(b) of the Immigration and Nationality Act, it is clear that such exception refers to §101(b)(1)(E), which states that:

 

                    “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;

. . .”

 

          Accordingly, an adopted child who does not meet the requirements of Section 101(b)(1)(E) of the Immigration and Nationality Act, may petition his or her natural parent(s) as long as the petitioning child can establish a parent-child relationship as specified in Chapter 21.4(d) of the Adjudicator’s Field Manual.

 

           I hope this helps to clarify the original question in relation.  I am meeting with an immigration attorney and also have an info pass appointment in order to further address this matter.  However, I am fairly confident with my premise given that the published case law further supports this argument.

 

          Lastly, I want to thank everyone who has taken the time to answer my post and concern.

Edited October 10, 2018 by NeedImmHelp123

[ImmHelp123 13]

On 10/5/2018 at 3:58 PM, David & Zoila said:

Just a thought.  Another interesting idea may be to divorce your adoptive parents.  I have heard of this happening with famous actors and I bet it costs a fortune.  If you divorce your adoptive parents do your biological parents, by default, regain "ownership" of you?  Not really sure.  Sounds like it's time for a very expensive attorney.

 

Under pertinent state law, adult emancipation is not feasible.  However, an adoption can be revoked under the law of the petitioner's jurisdiction.  However, adopted children, as defined, under §101(b)(1)(E) must still be able to establish that there is a parent-child relationship in fact (i.e., residing with the natural  parent for 2 years).  This is an area of major concern for USCIS as there appears to be a high volume or fraud in this department.

 

Luckily, for me, adult adoption is not as concerning to USCIS due to my circumstances.  But, you definitely think outside of the box!  You may want to consider law school.