Hello All:
I am kind of in a bind. I filed an I-130 for my adoptive mother who resides in Pakistan. I recently received an RFE from USCIS stating that Pakistan's Sharia law does not allow adoptions. I do have a deed of adoption that was drafted many years ago when the adoption took place, but it seems like USCIS is not satisfied with that. But they are asking for proof that we have lived together, etc.
Has anyone ever succesfully applied for their "adoptive parents" in Pakistan?
I will appreciate any help.
This is an interesting question. I do not know if it can be done or not. There may be some old cases about it but the currently available information is geared towards USC parents trying to adopt rather than your situation.
http://adoption.state.gov/country_information/country_specific_info.php?country-select=pakistan [There are further links to Pakistani lawyers who deal with this issue buried at that website.]
As Pakistan has no statutory law on adoptions, there is no law setting forth age, residency, or marriage requirements. Prospective parents must comply with United States legal requirements in the I-600 process and applicable provisions of the Guardians and Wards Act of 1890 in Pakistan.
http://www.ma-law.org.pk/pdflaw/The Guardian and Wards Act.pdf
IF (and it is a big IF) USCIS will recognize the claimed relationship, it would have to meet the Pakistani law noted above AND the applicable provisions of the INA. The following would have had to have happened when you were a child and you would now have to prove it.
(b) As used in titles I and II-
(1) The term "child" means an unmarried person under twenty-one years of age who is-
(E) (i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household : Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or
(ii) subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years;
