I have a question about immigration under the first family preference category, unmarried sons and daughters of US citizens over 21 years of age. I would like to know how this provision applies to adopted children, in the cases where adoption was finalized between 16 and 18 years of age. I understand that in such a case the adoptee does not qualify as a “child” for INA purposes. However, the portion of INA dealing with the first family preference category does not use the term “child” and instead uses the term “son or daughter”. So I was wondering if there is a chance that someone whose adoption by a US citizen was finalized at the age of 17 may still qualify as a “son or daughter” under the first family preference category.
Adult sons/daughters of US citizens over 21 - adopted children
- Thread starter baikal
- Start date
SusieQQQ
Well-Known Member
You may want to contact a lawyer, but it’s my understanding that adoption has to happen before 16 for any immigration benefit (ever) to be associated with the adoption. The exception is the 16-18 yr bracket associated with the adoption of a sibling under 16 - I presume you would have mentioned this fact if it had occurred?