Q: Can I petition for my biological mother if I was adopted at the age of 2?
I was born in the U.S. but when I was 2 years old, my mother was diagnosed with bipolar disorder and was deemed unfit to raise me. I was then adopted by my aunt and I had a legal first & last name change. My biological mother still has the original birth certificate. It's always been an open adoption and I've talked to my mother my whole life and held a great relationship with her. I would like to petition for her as soon as I turn 21. Another thing that can impact the petition: I am currently 18 and planning on marrying my partner soon to petition for his green card as well. Is it still possible to petition for my mother then?
A:
General rule is that adopted children will not be able to sponsor their biological parents. As with every rule there are a few exceptions, biological parents may again be recognized for immigration purposes if the following conditions are met:
1. Adopted Child did not obtain any immigration benefits through adoption;
2. The adoption has been lawfully terminated under applicable law;
3. A parent-child relationship once existed between the biological parent(s) and child; and
4. The relationship has been re-established between child and biological parents.
I suggest talking to an immigration attorney to help you with this situation. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
