Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?
My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?
A: In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you married his mother while he was under the age of 18, he would be considered your stepchild and you could file a petition for him as his stepparent. However, as he is already over the age of 21, he would no longer be classified as an immediate relative, which means you would have to wait for a visa to become available to him.
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