Buford, GA asked in Immigration Law for Georgia

Q: Can I file I-130 for my birth mother?

My father remarried to an American Citizen and I recently got my citizenship through naturalization. Does that count as adoption to that family?

I would like to invite my birth mother by I-130 but I've also read somewhere that you cannot invite your birth parent if the children have obtained citizenship by adoption. But I've also read other answers in different places.

Can someone please clarify?

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2 Lawyer Answers

Sheri A Benchetrit

  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: An adoption is a specific legal term. It means that the parental relationship of at least one of the parents has been severed either by law or by death of a parent and the adoptive parent is now the legal parent. The remarriage of your father does not automatically mean that your step mother adopted you. Unless she took the legal action of adopting you through the court system, then your birth mother's rights would remain intact.

This means that in all likelihood you would be able to sponsor your birth mother for a green card. In order to know for certain, I recommend that you speak with an experienced immigration attorney to go over all of the important facts of your case that you may not have included in this post. Best of luck!

Hector E. Quiroga

  • Immigration Law Lawyer
  • Las Vegas, NV

A: If you were not legally adopted—and the fact that your father married another woman does not mean you were adopted by her—you can file an immigrant visa petition for your birth mother.

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