Bringing my future adoptive child back to the U.S.

[MichelleN]

I apologize if this question has been asked before.

My husband and I received our Green Cards in May 2006. We are from China, and are in the process of adopting a child in China. We've heard that since our future child would be also a Chinese citizen, he or she would not be able to come back with us. I actually called a Lawyer who simply told me there was no way a child of a LPR entered in the U.S. if she or he was born abroad because the visa would be denied under "intention of immigration" unless we could show evidence that our child needs some medical reasons to come visit the U.S.. I am quite devastated with this news and don't know if it is true. I did read somewhere on this board that a new born of LPR could come back to the U.S. with parents as far as they are under two years old. Could anyone shed some lights on this?

We thought about waiting for adoption until after we become U.S. citizens. But we will need to wait for three more years to apply and who knows how long it will take to get the citizenship (our Green Card application was delayed for over three years because of the Name Check back log -- got it with a lawsuit, thanks to this board).

We both have jobs in this country and have our own house. Would these factors be helpful in our case?

Thank you so much for any advice from you!

a desperate mom-to-be: Michelle

 

[TheRealCanadian]

I did read somewhere on this board that a new born of LPR could come back to the U.S. with parents as far as they are under two years old. Could anyone shed some lights on this?

If the child was biologically yours this would be true. Unfortunately, there are no practical mechanisms for Permanent Residents to adopt alien children.

 

[sunshineman]

I think you should wait to become a US citizen. good luck

 

[MichelleN]

Thank you! Both truecanadian and sunshine, for your reply. Oh, my. It does seem tough from your responses. We would be legal parents of the child. I don't see any difference between being born from my own and somewhere else -- at least law says so. I wish there is a law clearly states the difference. Anyone can shed some lights where I can find a good lawyer specialized in this area?

What a huge difference in rights between citizenship and LPR, in our situation.

 

[TheRealCanadian]

We would be legal parents of the child. I don't see any difference between being born from my own and somewhere else -- at least law says so. I wish there is a law clearly states the difference. Anyone can shed some lights where I can find a good lawyer specialized in this area?

This is what some quick googling found:

http://www.hooyou.com/adoption/bypr.html

Essentially, the child needed to be adopted before you became Permanent Residents and needed to be in your custody and living with you for two years.

 

[MichelleN]

Thank you!

Wow, it is so CLEAR that we are no way near applying for immigration status for my adoptive child right now. Thanks for the link.

I am trying to think logically here. According the law, I need to have two years custody to my adoptive child and live two year with him/her (does not say where). If I strictly follow the law, I would have to live in China for two years living with my child -- then I will automatically lose my green card, and cannot apply for immigration for my adoptive child! Either way, my child will not be able to come join us before we become citizens of this country.

My hope has not totally destroyed, yet. How about getting my child to visit us under non-immigration visas such as B-2 and such. I know the case can be denied under "intention of immigration." But we do know parents of LPR can visit their adult children in the U.S., technically no difference from a child visit the parents. I am hoping someone who has gone that route successfully could share me your wisdom, either on this board or via email at "michelle.ct1@gmail.com".

Thank you again for your help!

Michelle

Michelle

 

[Jackolantern]

But we do know parents of LPR can visit their adult children in the U.S., technically no difference from a child visit the parents.

There is a big difference. The noncitizen parents of an LPR normally would have had decades of established ties to their home country, often with other incentives to return to their country such as home ownership and/or a job. A young child of an LPR doesn't have that level of ties outside the US. And a foreign parent with no meaningful income or assets outside the US is also likely to be denied a visa to visit their LPR children.

 

[MichelleN]

Now, my hope is shattered. But I appreciate all the suggestions and comments here. Life after the green card ain't sunshiny -- ours is a perfect example.