On 7/11/2018 at 11:02 AM, nunutang said:

Hello everyone,

 

I just filed my I-751 removing conditions on permanent residence. And looks like it is taking longer than before for USCIS to send the receipt with one year extension. So I did some research, starting 6/11/2018, the USCIS is going to issue receipt with 18 month extension instead of 12 months due to increasing processing time. I even went to the website to search for processing time, it says 18-20.5 months to process compared to 8 months on average before. What I wanna know is that is this even real? does the processing time apply to all cases? Back then when I applied for I-485, USCIS also said it would take more than a year, like more than 400 days to process, but I got my approval for I-485 within 4-5 months (they even asked for RFE). I read lot of articles as well, one said even the processing time is 16-18 months, but for jointly filed I-751, generally it takes 6-8 months whereas if it is filed under waiver conditions, may take 8-12 month, or even longer, which makes sense, because for those who filed individually due to divorce or other reasons, USCIS needs longer time to review the case and they can file any time before the green card expires, not necessarily with the 90 day window.

 

So I just wanna know does anyone have success story (who filed this year 2017 or 2018, and actually got approved within fairly short amount time?) Your share of your experience would be appreciated! Especially people who got approved under 8 months? so that we know the 18 months crazy length does not apply to everyone! Honestly, 18-20 months is ridiculous and I-751 is the only form that has substantially increased its processing time.

It definitely varies on a case-by-case scenario.  I can tell you my experience, but it is likely discouraging.  I filed a complete I-751 with USCIC, through an attorney, as my agent, and never heard from USCIS.  In fact, after 3 years from filing, and 5 years from the date I acquired permanent immigrant status, I simply filed for citizenship, through an attorney, as my agent.  

My attorney kept filing requests with USCIS to inquire about the delay, and we always received a blanket response stating that USCIS was continuing its investigation.  Citizenship processes, however, are different because they have statutory time-frames.  Therefore, after filing for citizenship, I received an interview within 3 months, for my citizenship adjudication.  When I arrived to the interview, they adjudicated both applications on the merits, and was granted an approval on the same day.  However, it was very apparent that my I-751 was misplaced or untouched. 

I also am aware that under the Trump administration, USCIS is investigating over 50% of all petitions -- a large increase from ~15%.  Such a burden, on an agency that was already overloaded, i contributing to increased delays. 

Good luck!

40 minutes ago, PKKR said:

Please see the attachment and let me know if this letter is good as petitioner's statement. Any help is deeply appreciated. Thankyou much.

Personally, I think the letter is poorly redacted and could use some clarification (no offense intended).  Also, I also think that it goes into too much detail as to why the relationship ended.  I think it should be cleaner and straight to the point.  

I can help you redact the letter, or give you my take on it, but I won't be able to do so until later tonight.  I used to work for an immigration attorney and have drafted many of these. 

However,  please understand that I, in no means, am providing any form of legal advise and any feedback should not be considered as such.  

Cheers, 

Just now, sjs87 said:

So dumb question.... but then I can’t travel outside the country until I get it back 🙄. Maybe I’ll pay for expedited if it’s a huge backlog. 

Not a dumb question!

If you have a trip planned within the next 2-3 weeks, you qualify to go to the corresponding Agency in a city near you.  You may have to pay the expedited fee anyway, but in my opinion, it is the most desirable option given that you are dealing with the issuing agency directly, and not an intermediary, for instance, a Postal Office.  To qualify for such process, you just need your travel itinerary info to prove that you do have an upcoming trip.

I would, however, recommend travel insurance just in case -- you never know how the process is going to go.  I, however, had no issues. 

https://travel.state.gov/content/travel/en/passports/apply-renew-passport/hurry.html

8 hours ago, TonyK said:

My spouse got her medical report by 4:30 pm at the hospital. Along with others who came to do their medical exam test the previous day. 

 

I know we are not supposed to open the envelope. 

 

But how do we know if we passed it?

(I mean in the case say we got positive for the gonorrhea naat test)

 

Does the consulate only get the results when we hand them over this envelope?

Also, just because you test positive for a disease of public concern does not automatically create an issue.  It will, however, require you to submit additional evidence.  If you have any additional questions, feel free to reach out!

You have the right to your medical record.  A USCIS certified physician simply means that such physician understands the law and the procedures required by the Immigration and Naturalization Act.  However, other pertinent laws, still apply.  

You should request your medical record so that you can submit any additional evidence, in the case that you have a disease of public concern, such as Tuberculosis.  Therefore, ensure that you get a copy of such record and that you understand how it may impact your application, so you can respond accordingly.

The consulate only finds out of the results when you submit the record.  They have no access to your medical history or information, otherwise.  

I hope this is helpful. 

Cheers,

Helpful Immigrant

3 minutes ago, sjs87 said:

Hello VJers!

 

I became a citizen one week ago, and am about to apply for a US passport. Per the guidelines, it says send in a certified copy AND photocopy of your proof of citizenship. Does certified mean notarized photocopy?

 

thanks! 

A certified copy is any document that has the seal or stamp of the official issuing authority.

https://travel.state.gov/content/travel/en/passports/requirements/citizenship-evidence.html

You must send the original document given to you by USCIS.  I know it is very inconvenient.  I went through the same issue when I did mine, so you may want to consider the timing given that a passport application can take several months.  However, it will be returned to you once your passport application is processed -- and yes, it gets bent.

On 5/7/2017 at 5:44 PM, Unshakable Faith said:

A copy is fine.   I had my fiance scan a signed copy to me.

 

Because you are filing a I-129F (for the K1 fiance visa), you wouldn't have receipts for anything pertaining to a wedding.  I'm sure you can use those receipts after your fiance arrives here and you marry and file AOS, but that's many months into the future.  Follow the guide on VJ and you will have everything you need to file the I-129F. 

Receipts in relation to a wedding, reception, or preparation are valid evidence when applying for a K-1 finance visa.  According to the USCIS website "If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e) . . . In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit."

Accordingly, such evidence would be helpful in establishing such intent.  I do recommend, however, that you spend the time organizing the evidence.  I would suggest using cover letters outlining and briefly explaining the premise you are trying to establish.

You are free to travel; however, it is worth noting that many lawyers often recommend immigrants, who have pending cases, to not travel outside of the United States.  This often tends to be problematic for several reasons discussed hereafter. 

Your USCIS I-485 application has not been adjudicated.  Therefore, there is no way to know for certain that USCIS has finalized the investigation necessary to adjudicate the case, or when USCIS might come across something that may warrant a denial.

However, Customs and Border Protection Officers have broad discretion to investigate and adjudicate whether you qualify for entry based on current laws, the Immigration and Naturalization, and information available to them.  If such investigation reveals ANY fact(s) that give them the authority to deny your entry into the U.S., they have the authority to do so.  An Advance Parole simply informs such officer that you have a pending with USCIS and should be allowed entry -- assuming that you qualify for it. 

It is also worth noting that Customs and  Border Protection Officers have broad discretion.  For instance, when the Travel Ban was effective, such Officers denied the entry of Lawful Permanent Residents simply because the law was unclear and silent in many scenarios.  I would imagine that such a situation would be economically and emotionally challenging.

19 hours ago, SMcC said:

I received a phone call back from USCIS and spoke with an officer. He stated that I should put the name of the city listed on the Birth Certificate on the form and then put the some information, such as an article or other document, that states the name official name change and attach it to the form. He was fairly adamant about this. I found a Wikipedia article that had the exact date when the city changed it's name and attached it to the forms. 

Seems like a lot of hassle for something that should be common sense, but they apparently don't want to be in the position of "figuring it out". 

I recommend submitting a formal letter along with the article.  USCIS officers may require further clarification otherwise.  The burden is on the applicant to ensure that the officer is able to understand the record, not the applicant.  USCIS officers have massive dockets. 

On 8/7/2018 at 3:12 PM, KathCali said:

Does anyone know how this would affect immigrants who are on Obamacare? I am on my husband's Obamacare (after checking with our lawyer that it would be okay, as I wasn't sure about the public charge rule, and he said yes because it's not a cash benefit). Would this affect my pending I-485 or only future citizenship? Would I need to get off Obamacare and then it would be fine? It seems kind of crazy to just change the rule that people were following and then punish them for breaking that rule? 

 

https://www.nbcnews.com/politics/immigration/now-trump-administration-wants-limit-citizenship-legal-immigrants-n897931 

No.  Obamacare is a Federal Law for which you qualify -- it is not a welfare program.  

I am fairly confident that this will not present a problem for your I-485 Application.  

Through the I-485, your lawyer must have files also a I-864, Affidavit of Support, where the affiant contracts with the U.S. Government to indemnify the U.S. Government if the client, in this case, you, ever become a financial burden to the U.S. Government.  Obamacare would not affect any of your Citizenship process as long as it was not acquired fraudulently. 

I hope that this helps, but if you have any questions, feel free to follow up!

6 minutes ago, Amhara said:

She is my mom-in-law, and my husband’s biological mother.  The only DNA info I have found was for siblings, but I suppose I need to find out more, such as who administers the tests, are there any specific companies or tests, and how to submit to the USCIS (sealed envelope?).

Good! That makes things a lot easier...

                    DNA tests are a good way to establish a biological relationship.  However, for USCIS, evidence of a parent-child relationship should establish more "than merely a biological relationship. Emotional and/or financial ties or a genuine concern and interest by the father for the child's support, instruction, and general welfare must be shown. There should be evidence that the father and child actually lived together or that the father held the child out as being his own, that he provided for some or all of the child's needs, or that in general the father's behavior evidenced a genuine concern for the child. The most persuasive evidence for establishing a bona fide parent/child relationship is documentary evidence which was contemporaneous with the events in question. Such evidence may include, but is not limited to: money order receipts or cancelled checks showing the father's financial support of the beneficiary; the father's income tax returns; the father's medical or insurance records which include the petitioner as a dependent; school records for the petitioner; correspondence between the parties; or notarized affidavits of friends, neighbors, school officials, or other associates knowledgeable as to the relationship." See Chapter I 204 (8)(A).

                    Further, under Chapter I 204(8), et seq., under pertinent part, "a director may require that a specific Blood Group Antigen Test be conducted of the beneficiary and the beneficiary's father and mother. In general, blood tests will be required only after other forms of evidence have proven inconclusive.  If the specific Blood Group Antigen Test is also found not to be conclusive and the director determines that additional evidence is needed, a Human Leucocyte Antigen (HLA) test may be requested.  Tests will be conducted, at the expense of the petitioner or beneficiary, by the United States Public Health Service physician who is authorized overseas or by a qualified medical specialist designated by the district director. The results of the test should be reported on Form G-620. Refusal to submit to a Specific Blood Group Antigen or HLA test when requested may constitute a basis for denial of the petition, unless a legitimate religious objection has been established. When a legitimate religious objection is established, alternate forms of evidence may be considered based upon documentation already submitted."

                  It is also worth mentioning that USCIS cannot require DNA testing to establish a claimed biological relationship.  However, in situations where credible evidence is insufficient to prove the claimed biological relationship, offices may suggest and consider DNA testing results.  In such cases, the petition must select an accredited laboratory, contact the laboratory directly, and make the necessary arrangements for conducting the tests.  

                    Accordingly, in my opinion, you should pursue a DNA test conducted by a DNA test by a United States Public Health Service Physician who is authorized overseas to conduct a DNA test that may establish the biological relationship between your husband and her biological mother (your mother-in-law).  At the same time, you should submit evidence to the USCIS that establishes that a parent-child relationship existed in fact by submitting secondary evidence (outlined in previous comment). 

https://www.uscis.gov/sites/default/files/files/pressrelease/genetic_testing.pdf

                    The Adjudicator's Field Manual further lists the American Association of Blood Blanks under Appendix 21-3. 

                    Let me know if you have any additional questions or need help in structuring your secondary evidence.  

Cheers, 

Helpful Immigrant

21 hours ago, Amhara said:

Hello,

 

My husband will be applying to bring mom-in-law to the States sometime next year.  He has a tazikra that lists his dad's name only, who is deceased, and it was issued when he was 13 or so.  There is no marriage certificate between his mom and dad.  What document would we submit to show mother-son relationship?

Before I spend the time researching the pertinent law, could you clarify the following: 

1. First, whether your husband is petitioning for his mother-in-law rather than step-mom?  Your posts refers to a "mom-in-law," which refers to the mother of your husband, and then makes reference to a mother-son relationship.  I may be misinterpreting your post. But, could you please clarify this for me? 
2. Second, assuming your husband wants to apply for his step mother (and not mother-in-law), whether your husband had any type of relationship with the beneficiary. 

While I am unable to provide legal advise because I am not an attorney, I am fairly familiar with USCIS processes and may able to further assist you. 

Chers, 

Helpful Immigrant 

I just re-read your post and it reads "mother in law."  That may present challenges as you need to determine whether there's a parent-child relationship.  I will follow up shortly. 

Hello, 

         Chapter 21.4 of the Adjudicator's Field Manual, in relation to a petition by citizen or lawful permanent resident for a child, son, or daughter, further clarifies your concern.  I realize that your husband is petitioning for his natural mother.  However, the adjudicator uses this Chapter in making the parent-child relationship determination.  As you presumably know, the relationship between petitioner and beneficiary is the most complex issue in the adjudication of such petitions.  

          The manual further states, in pertinent part, that "it is important to keep in mind not only the nature of the relationship (e.g., legitimate child, illegitimate child, adopted child), but also the point at which the relationship existed (e.g., the child’s age at the time of the marriage between his or her parent and stepparent or at the time of the petitioner’s acquisition of status)."

         Under §101(b), your husband qualifies as a "child born out of wedlock" (formerly referred to as "illegitimate child").  However, based on the present facts -- that your husband's father is the only natural parent listed on the birth certificate; he is petitioning for his mother; and the natural mother is not listed on the birth certificate -- a birth certificate is insufficient to grant such petition.  Accordingly, you must establish such relationship with additional evidence. 

          For information regarding primary evidence for a child, son or daughter born out of wedlock, pertinent to your case, the manual refers to 8 CFR 204.2(d)(2)(iii), which states:

                   (iii) Primary evidence if the petitioner is an illegitimate son or daughter. If a petition is submitted on behalf of the mother, the petitioner's birth certificate, issued by civil authorities and showing the mother's name, must accompany the petition. If the mother's name on the birth certificate is different from her name as reflected in the petition, evidence of the name change must also be submitted. If the petition is submitted on behalf of the purported father of the petitioner, the petitioner must show that the beneficiary is his or her natural father and that a bona fide parent-child relationship was established when the petitioner was unmarried and under twenty-one years of age. Such a relationship will be deemed to exist or to have existed where the father demonstrates or has demonstrated an active concern for the child's support, instruction, and general welfare. Primary evidence to establish that the beneficiary is the petitioner's natural father is the petitioner's birth certificate, issued by civil authorities and showing the father's name. If the father's name has been legally changed, evidence of the name change must accompany the petition. Evidence of a parent/child relationship should establish more than merely a biological relationship. Emotional and/or financial ties or a genuine concern and interest by the father for the child's support, instruction, and general welfare must be shown. There should be evidence that the father and child actually lived together or that the father held the child out as being his own, that he provided for some or all of the child's needs, or that in general the father's behavior evidenced a genuine concern for the child. The most persuasive evidence for establishing a bona fide parent/child relationship is documentary evidence which was contemporaneous with the events in question. Such evidence may include, but is not limited to: money order receipts or cancelled checks showing the father's financial support of the beneficiary; the father's income tax returns; the father's medical or insurance records which include the petitioner as a dependent; school records for the petitioner; correspondence between the parties; or notarized affidavits of friends, neighbors, school officials, or other associates knowledgeable as to the relationship. 

          Further, 8 CFR 204.1 states guidelines and recommendations in relation to secondary evidence.  It further states that if primary evidence is unavailable, the petitioner must present secondary evidence. Any evidence submitted as secondary evidence will be evaluated for authenticity and credibility. Secondary evidence may include, but is not limited to, one or more of the following documents:

• A baptismal certificate with the seal of the church, showing the date and place of birth in the United States and the date of baptism;
• Affidavits sworn to by persons who were living at the time and who have personal knowledge of the event to which they attest. The affidavits must contain the affiant's full name and address, date and place of birth, relationship to the parties, if any, and complete details concerning how the affiant acquired knowledge of the event;
• Early school records (preferably from the first school) showing the date of admission to the school, the child's date and place of birth, and the name(s) and place(s) of birth of the parent(s);
• Census records showing the name, place of birth, and date of birth or age of the petitioner; or
• If it is determined that it would cause unusual delay or hardship to obtain documentary proof of birth in the United States, a United States citizen petitioner who is a member of the Armed Forces of the United States and who is serving outside the United States may submit a statement from the appropriate authority of the Armed Forces. The statement should attest to the fact that the personnel records of the Armed Forces show that the petitioner was born in the United States on a certain date.

Lastly, you should consider reading this post: https://www.***removed***/birth-certificate/birth-certificate-secondary-evidence.html

I hope this helps! Good luck.

17 minutes ago, SMcC said:

My wife's city of birth changed its name a couple years ago. So, the birth certificate city of birth is not the same as the current. Should I put the current city name and the old name in parenthesis next to it on the I-130 form when it asks for her city of birth?

thanks to all!

I used to work as a volunteer for a citizenship clinic and case across similar scenarios in relation to discrepancies.  However, I have never seen a city change names.  But, we were advised to always list what's on the legal document.

USCIS will likely cross-verify all information in the application with the legal documentation.  They simply want to ensure that the documentation provided is legitimate and likely do not care what the city's name is.

I hope this helps!

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. 

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.

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.

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:  

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.        

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.