Fishers, IN asked in Immigration Law, Adoption and Family Law for Indiana

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?

1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

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.

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.