Adpted child and N400 form

[newman2]

My wife and I adopted my brother-in-law's son back to 2000 in our home contry when we visited our families. My brother-in-law and his wife have been laid off for years and asked us to adopt his son. We tried to help thme and did it. But the boy have never been with us since we adopted him. He is still living with his parents. We left some money for him when we left and did not send much more money back later because they never asked for more money since then and our financial situation is tighter than before, too. The boy is about 20 years old now and is in a college in his home contry. He may or may not come to USA after his graduation. My question is:

1. Do we have to put him into our N400 forms?

2. If we do have to put him into our N400 forms, how will it
affect our application?

3. What addition document will be required for our N400 forms for him? We did not do anything for this adoption in USA. We only have original Certificat from his home contry for the adoption. If we can not provide enough documents for him, will our application be denied? Even worse, will it affect our GC?!

4. What his status will be if we our application can be approved? He will be an adult then, how difficult will it be for him to come to USA if he wants to come? How long will it take?

5. He is the only child of his parents. His parents love him very much. Also, his parents will need his help when they are getting older. If they want him back after years and we do not have problem with it (we have our own son), will it a big problem to do it in USA after we claimed him as our son? In other words, can we give the rights back to his parents later on in USA?

Any help will be very appreciated.

 

[moxie]

I don't have any answers for your specific questions. I hope you get some help on this forum.
I am just appaled at how you have abused and made a mockery of the concept of adoption. An adopted son is not a piece of furniture to be loaned back and forth as needs change.

 

[newman2]

I don't have any answers for your specific questions. I hope you get some help on this forum.
I am just appaled at how you have abused and made a mockery of the concept of adoption. An adopted son is not a piece of furniture to be loaned back and forth as needs change.

If you do not know anything about it. SHUT YOUR DIRTY MOUTH UP!!! I do not mean to do that, I just whant to know in case that happnens, what can I do. Anything could happen. Just like a ugly bug like you could show up here.

Go find a cool place and seal your mouth. If you can not help, DO NOT MESS IT UP!!!

 

[moxie]

If thats the best you could come up with, heres something for you to ponder.

First - for a LEGAL adoption by parents who are in the US of a child who is not in the US, one of the adoptive parents needs to be a US citizen. Clearly neither of you are. Permanent Residents can adopt domestically (within the US) but not internationally. Permanent Residents can adopt from a foreign country ONLY if they spend a period of 2 years with the child in the foreign country. Clearly you have not.

Second - LEGALLY, you cannot adopt a relative's child. The child must be classified as an orphan. I am not sure what piece of paper you claim to have that proves you adopted your nephew but I can guarantee that no US court will recognize or acknowledge this adoption.

It is truly very sad that some people try to skirt around established systems and precesses by finding loop holes and even worse doing it illegally and thereby make it harder for millions of others who try to do things the right way - this includes immigration and adoption.

I hope someone here is well versed in both, adoption laws as well as immigration laws who can help you sort out your situation.

 

[moxie]

QUOTE=JoeF]No, that is not true.
It IS true that one of the adoptive parents MUST be a US citizen to bring the child to the US. Check this out http://uscis.gov/graphics/services/index2.htm

That is the requirement to bring an adopted child to the US. It does not prohibit adoption, though.
I never said it does. He WAS talking about the child wanting to come to the US

See http://travel.state.gov/family/adoption_resources_06.html
Again, not true. The child has to be given up for adoption by the biological parents.[/QUOTE]
Again, as I said, the child has to be classified as an orphan - not actually be an orphan. The poster was talking about giving the child back to the birth parents when they get old and "need" him.. Well, the parental rights will have been terminated for the original adoption. So how will the son go back to his birth parents? Have the adoptive parents have their parental rights terminated? What a farce!

The bottom line is this, they looked for an easy way out to bring the nephew to the US and thought they found a loop hole. If the birthparents were in hardship and the poster gave them money then that should have been it. Why go through the charade of adoption?

 

[moxie]

Besides, if the son goes back to his birth parents country, the birth parents will have to abide by the international adoption laws of the country they are in, which may or may not have age restrictions (most countries DO have age restrictions)

 

[moxie]

JoeF,

The OP mentioned twice in his original message that the child may come to the US. I KNOW adoption and bringing the child to the us are two different things - read my message again; I said that in my reply. I was answering in the context of the OP's message and the apparent intent to bring the child to the US.

You are absolutely right, I AM tied up in the morality of this issue. I didn't make the laws and I don't agree with some of them vehemently, but they ARE the laws. Both immigration and adoption laws have gotten tougher. Why do you think that is? Adopting a 16 year old child in a foreign country by permanent residents is NOT a quick way of getting the child into the US as seems the intent of the OP. The current laws state that the permanent resident needs to be naturalized, then apply for the nephew's immigration as a relative. And that DOES take a long time right now.

 

[moxie]

JoeF,

Essentially you and I are saying the same thing. You are caught up in the words without seeing the context. You just won't admit it since you are so deep into this discussion now. And thats fine. Anybody who reads this thread will know that in every one of my messages, I have said that it is illegal to adopt AND bring the child into the US if the adoptive parents are PR. I know what I know and I don't have to prove it to you. I am entiled to my opinions and have the prerogative to express them.

This family has gotten themselves into a tangled mess that will need an immigration attorney and an adoption attorney to sort. In addition, there is another dimension compounding this complication - if they have claimed a child credit for this adopted son on their taxes, they will need a tax attorney or accountant as well.

I hope sincerely that this thread made a few people on this forum aware of the nuances of international adoption and that one needs to educate themselves about the laws before taking such actions. Lack of knowledge of a particular law is not an excuse to do anything illegal in a court of law. And I hope it has infuriated some as to why international adoption is under suchscrutiny in some countries. The timing of this thread could not be more perfect - as November 2004 is national adoption awareness month.

Morality is an issue thats entwined in all that we do thats why society functions. Honestly, if you were not outraged by the original poster's message, then you didn't read it carefully enough.

Now, I am going to get off my soap box and return to my life.
'nough said.