Birth father wants to petition adopted son- please help!!!

K

Kama542

New Member
First off, I hope this is posed in the right place!

I have an interesting situation. My husband was adopted at birth in Canada and his birth father later mover to America.

My husband is now growing a relationship with his birth family and is becoming very close to his birth father and his other sons.

His biological father and his fiancé recently offered to petition for the two of us to join them in America.

I have scoured the internet for answers on if this is possible and have found nothing. I have found much on an adopted child sponsoring birth parents and such, but nothing of the opposite: a biological parent petitioning for their child who was adopted by other parents as a baby.

My husband is really excited about this as when he was a child he was deprived of this relationship as his new parents did not approve. I would hate to have to be the bearer of bad news :(

I have also seen information about a stepmother-stepchild petition. Would this be a second option? Would this only work if the biological father and stepmother were married?

Please give me any information anyone has!!
 
I’m not sure about the specifics of who can petition in a case like this but I just wanted to point out that even if it’s possible, the current waiting time for this category (F3, married son or daughter of US citizen) is around 13 years and will likely be at least a few years longer than that for new petitions filed. So even if it’s doable, any move is still a long way away.
 
By the way the step-parent option is definitely not on the table in this case as there needs to be marriage before the stepchild turns 18 for that to be able to take place.
 
I’d suggest you contact an immigration attorney as there may be a workaround, but on my little research it looks like it’s a no-go, see the bolded bit below:

B) Petition by Natural Father for a Child Born Out of Wedlock.

Section 101(b)(1)(D) of the Act was amended to enable the natural father of a child born out of wedlock to petition for that child, if the father has or had a bona fide parent- child relationship with the child. A bona fide parent-child relationship is established when the father has or had evinced an active concern for the child's support, instruction and general welfare. The parent-child relationship must be established while the child is unmarried and under twenty-one (21) years of age. Benefits sought via this amendment may only be obtained on the basis of relative petitions filed on or after November 6, 1986, the effective date of the amendment. See Matter of Atembe , 19 I. & N. Dec. 427 (BIA 1986).

Source: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4805.html

A thought, if you are Canadians do you fall into eligibility for a TN visa? A work visa may be the best way for you guys to move to the US in the circumstances.
 
Thank you very much for your responses! We will look into that!

Do you have any idea what professions are accepted for a TN visa?
 
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