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Myself and my husband are currently on EAD (employment based) status. We have adopted a child (baby girl 4 year old) in India in March this year. My husband is staying in India with her and i travel back and forth every other month. Upon completion of 6 months the legal formalities in India will be completed and we will get the court order and birth certificate in our names. Wanted to know our options to bring the Child to US.
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Immigration and Naturalization Attorney serving New York, NY
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If the child is properly adopted in India, the child is your child for purposes of a nonimmigrant visa. You can seek an H4 for the child if you are on H1 or another nonimmigrant status which allows for derivative visa. If you are not in a valid nonimmigrant status, you will have to wait until you are adjusted your status to that of the LPR before you would be able to seek follow to join pettion for the child. The USCIS form will be I-824. These are your option.
For more information please see below:
http://myattorneyusa.com/immigration-law-and-practice/immigration-to-the-usa/adjustment-of-immigration-status
Answered on Aug 26th, 2015 at 8:30 AM