Biological Parents Petition: Adopted Child

J

judex

Registered Users (C)
This is a very interesting case.

My wife was adopted in the Philippines by her Aunt, a US citizen, thinking that she will be petitioned and moved to the US, but it did not happen, the US government did not recognize/approved the adoption for the reason that the adoption process was not followed, etc.. The adoption took place in the Philippines, processed, new birth certificate was given, in short, all the papers are "new" and legal in the Philippines.

Time past and my wife became a nurse, got a work here in the US(LPR) and soon to be a citizen. All the papers submitted to the embassy was the adoption papers like birth certificate and she used her aunt as her mother in all the papers she signed here( SSN, Insurance Etc.).

Now, she is planning to petition her biological mother, is it possible? is there any other way she can petition her biological mother? She wanted her mother to stay here permanently.

Thanks and God Bless.

Dyud
 
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Very sure. An adopted child does not automatically lose the ability to sponsor his/her biological parents.

yahayajp said:
triple citizen are u sure if her paper work here say,s she is adopted, she can still file for the biological mothe?????? I DOUBT THAT
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i got some answers...

biological mother gave all rights up when she allowed the adoption...

The general rule is: once she is adopted, a person can no longer petition for her biological parents.
 
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The catch is, if the adopted child gains US citizenship because of his/her adoption, then he/she cannot sponsor his/her biological parents. If the US citizen child gains citizenship either by birth or through marriage based or employment based PR, etc, then he/she can sponsor his/her biological parents.

judex said:
can anyone clarify > you may not petition for your birth parent.
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3Citizen

Thanks for this information, but I need links to USCIS guideline regarding this, hope you can help me with this.

Thanks again.....

Triple Citizen said:
The catch is, if the adopted child gains US citizenship because of his/her adoption, then he/she cannot sponsor his/her biological parents. If the US citizen child gains citizenship either by birth or through marriage based or employment based PR, etc, then he/she can sponsor his/her biological parents.
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i do not know the asnwer to this question, but i have a very similar one
Can a naturalized US Citizen (who was adopted when he was 19 years old by American parents) file an I-130 petition on behalf of his biological mother?
Please note that he did NOT obtain USC through his adoption. He got naturalized through his US citizen wife

Thanks a bunch!
 
schreier said:
i do not know the asnwer to this question, but i have a very similar one
Can a naturalized US Citizen (who was adopted when he was 19 years old by American parents) file an I-130 petition on behalf of his biological mother?
Please note that he did NOT obtain USC through his adoption. He got naturalized through his US citizen wife

Thanks a bunch!
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Thanks for posting on this thread, it's been a while...

I got an answer to this question from an Immigration Lawyer:
"Just to be clear, it doesn't matter how you gained US citizenship. The relationship that would've allowed you to sponsor your biological parents was the parent-adult child relationship. However, that relationship was severed when you were adopted by your aunt. In the eyes of USCIS and immigration law, the only person who could now be considered your parent would be your aunt."
 
schreier said:
i do not know the asnwer to this question, but i have a very similar one
Can a naturalized US Citizen (who was adopted when he was 19 years old by American parents) file an I-130 petition on behalf of his biological mother?
Please note that he did NOT obtain USC through his adoption. He got naturalized through his US citizen wife
Click to expand...

Adopted in the US when he was 19? I thought the US didn't recognize adoptions that took place after age 18.
 
If your adoption was not legal under this Act and you got no immigration or citizenship benefit from that adoption, then it does not bar petitioning for a natural parent. However, you must still prove THAT relationship.

INA 101(b)

(b) As used in titles I and II-
(1) The term "child" means an unmarried person under twenty-one years of age who is-
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;

(E) (i) 17a/ 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 17ab/ 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) 17a/ 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; 17aa/
 
@ BigJoe5,

Thanks for that quote! Been looking for this for ages... Just don't know how to search INA... Do you have a link? Big(joe) Thanks!
 
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