Q: How soon after getting adopted a foreign child becomes eligible for immigration benefits?
When a U.S. citizen adopts a 15-year-old foreign national, and the adoption takes place in the child's native country, are immigration benefits (allowing the adoptive parent to apply for a family-based U.S. visa for the child) conferred onto the child immediately or after a certain waiting period? And if there is a waiting period, how long is it?
A:
A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:
The child is adopted in the United States or abroad;
The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted before reaching 18 years of age); and
The child is in the legal custody of the adopting parent or parents at the time of the adoption.
In general, the adoption must:
Be valid under the law of the country or place granting the adoption;
Create a legal permanent parent-child relationship between a child and someone who is not already the child’s legal parent; and
Terminate the legal parent-child relationship with the prior legal parent(s).
For more information see:
https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2#footnote-2
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.
