Bringing adopted daughter from Mexico to the US (merged)

[Boiler 43,650]

I still think you need to consult with a Lawyer

 

Not a notario.

[SalishSea 16,839]

6 hours ago, Alexq said:

We are both US citizens and we have fulfilled the 2 years because she is 15 and we’ve known her since she was 9 

Nope.  She'd have to have lived in your custody.  2 x/year visits do not count.

 

Also, if her bio parent is alive, her adoption will not be honored by USCIS AFAIK.

[Allaboutwaiting 2,500]

A final comment on this case:

 

"A U.S. citizen cannot use the family-based petition process for a child that is from a Hague Adoption Convention country unless they can establish that the Convention does not apply."

 

Based on the facts, the Convention does apply so even with a 2 year custody, the child is not eligible to be petitioned as an adoptee.

 

Source: https://www.uscis.gov/policy-manual/volume-5-part-a-chapter-2

[Pinkrlion 2,611]

Adding my 2 cents. It is my understanding that you have to prove that the child was abandoned by bio parents or they are deceased. If the grandmother has physical custody she is not considered abandoned or an orphan. The grandmother nor the bio parents can turn over custody to you. You are missing that legal requirements for adoption in Mexico and legal requirements for immigration are two different sets of laws. 
 

you can still adopt her but she will not be able to immigrate to the US. So she will still be living with her grandmother and now you will be providing her the money to support the child. 

[Allaboutwaiting 2,500]

7 hours ago, Pinkrlion said:

Adding my 2 cents. It is my understanding that you have to prove that the child was abandoned by bio parents or they are deceased. If the grandmother has physical custody she is not considered abandoned or an orphan. The grandmother nor the bio parents can turn over custody to you. You are missing that legal requirements for adoption in Mexico and legal requirements for immigration are two different sets of laws. 
 

you can still adopt her but she will not be able to immigrate to the US. So she will still be living with her grandmother and now you will be providing her the money to support the child. 

 

 

The parents can be alive and even live with the adoptee, and the adoption would be valid if certain conditions are met. 

From the USCIS Policy Manual: "Specifically, if an adopted child continues to reside in the same household as the birth parent(s) during the period in which the adoptive parent petitioner seeks to establish compliance with this requirement, the petitioner must establish that an adoptive parent exercised primary parental control during that period of residence despite joint residence with the birth parents."

 

The main issue in this case is that the adoptive parents have never resided with the adoptee and even worse, they do not reside in Mexico, though they very probably stated they did, otherwise they would have been guided to follow the Hague Convention process. So the adoption was adjudicated on a false pretense.

 

The troublesome part is that the Hague Convention adoption is easier and faster and the kid would probably be here already. Troublesome as well are the discrepancies and certain details in OP's story.

 

Why they did not follow the correct path that actually ensures the safety of the kid is a mystery. 

 

You are totally right when you say the adoptee will not be able to immigrate to the US. 

 

 

Edited March 26, 2023 by Allaboutwaiting

[Alexq 6]

I am creating this topic to seek guidance on an out of order adoption. 

 

The adoptive parents  are U.S citizens and have made Acapulco, Mexico their second home. In their time there, they built relationships with many friends. They met a little girl whom they grew to love and have been caring for her since she was 9yrs old.  The child's biological mother was absent and the grandmother was the parental guardian. The adoptive parents have no children of their own and made the joyful decision to officially make her part of their family. They obtained full custody on 7/20/21 and finalized her adoption on 12/18/22. The adoptive parents reside in the U.S and therefore, have to keep their adoptive daughter in Mexico until they are able to bring her to her new home. They have also done following with her:

 

1. were sponsors for her baptism & communion

2. assisted with her educational needs since she was in 4th grade. 

3. taken vacations in Mexico. 

4. She has resided with them at their residence during their stay in Acapulco

5. sponsored her entire sweet 15 birthday 

 

Conflict: 

 

The child was adopted legally through a lawyer in Acapulco, Mexico. Unfortunately, the lawyer failed to initiate the process through the Hague Convention. Therefore, they completed an out of order adoption. They would have to annul the adoption and redo it through the Hague Convention Process. However, it wouldn't be wise to do seeing that the child will soon be 16 and adoptions are not possible after 16 in Mexico. After emailing several organizations and  U.S adoption services, they have been advised to continue with the petition for relatives. They have proof that they have been with their adoptive child in Mexico 2+ years. They have photos, flight itineraries, passport stamps, custody and other legal forms. 

 

 

Inquiry: 

 

The adoptive parents are deeply saddened by the entire situation and are leaning towards the petition for relatives but fear that they will get rejected. They would greatly appreciate and advice/guidance on this matter. Thanks in advance! 

 

 

[Lemonslice 4,571]

Your previous thread provided some answers

 

 

[Crazy Cat 39,473]

55 minutes ago, Alexq said:

The adoptive parents  are U.S citizens and have made Acapulco, Mexico their second home.

This is you and your husband, correct?

[Crazy Cat 39,473]

.

Edited July 15, 2023 by Crazy Cat

[Ontarkie 13,941]

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