QUESTION
What happens if we do not get the adoption papers in before my nieces 16th birthday?
Asked on Sep 18th, 2011 on Immigration - Georgia
More details to this question:
I am about to petition my dad to come to the United States who is currently in the Philippines. He is also about to adopt my orphan niece so he can petition her when he gets his green card, but we read under the uscis website that she would have to be adopted before her 16th birthday. She is turning 16 this coming January 2012. Does this mean that the adoption decree must be completed prior to her turning 16? How about if the adoption process has been started prior to her 16th birthday, would that still be considered? What happens to my niece if the adoption decree got finalized after her 16th birthday. Does this mean that my dad has no way of petitioning her anymore?
5 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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The adoption must be completed before the child turns 16. If not, the child will not be recognized by the USCIS for immigration benefit purposes. Please note that the parent must also have 2 years of legal and physical custody for the child to be considered a child for immigration purposes.
Answered on Sep 20th, 2011 at 1:19 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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For her to be considered a child under the immigration and nationality act, she must be adopted by age 16.
Answered on Sep 19th, 2011 at 8:54 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Adoption between US and the Philippines is regulated by The Hague Convention which is very complicated. I am afraid that such adoption may not work for immigration purposes. Although there might be an argument that your father adopted her before becoming a permanent resident but this argument will be an uphill battle with the different agencies involved.
Answered on Sep 19th, 2011 at 8:25 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Final approval of the adoption must be completed before her 16th birthday. After that, she cannot be petitioned by her adoptive parent.
Answered on Sep 19th, 2011 at 7:52 PM
The rules relating to adoption can be quite complex. In general, a child must not have reached his/her 16th birthday in order to be adopted by a U.S. citizen and later become eligible for an application to become a Lawful Permanent Resident; one exception: if the child is under age 18 and a sibling under age 16 simultaneously is adopted. But is sounds like your question instead may seek to address derivative benefits for the adoptive child at the time your father seeks and obtains immigration benefits. It would be wise to engage an immigration attorney to become aware of all the details and goals and to advise about eligibilities and strategies.
Answered on Sep 19th, 2011 at 4:45 PM