Can I Petition My Biological Parents? Need Your Advice

J

judex

Registered Users (C)
It's my wife's case.

She was legally adopted in the Philippines by her Aunt(US Citizen) in 1995. She was petitioned but was not granted/denied because the adoption paper was not recognized by the US Gov. Now she's in the US and an LRP(Employment Based). She is using her aunt's surname because of the adoption and the adoption-Surname was used on the processing of her migration papers.

Can she still petition her Biological Parent?

I know it will be a long process again if she will nullify her adoption paper here in the Philippines, change her papers in the US and do the I-130.

I need your advice...

Thanks,

judex
 
yap, when she become a citizen...

her adoption was not recognized by the US gov....

i think we need a good attorney on this... :(

thanks...

need more opinion on this...
 
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judex said:
yap, when she become a citizen...

her adoption was not recognized by the US gov....

i think we need a good attorney on this... :(

thanks...

need more opinion on this...
Click to expand...
I think it may backfire.
If she filed petition for her biological parents, her first petition (by aunt) is questioned how it was possible to file. Then, she has to tell CIS that she was legally adopted, and then end of story. If she says her biological parents are still legitimate, then 1st petition by aunt might be considered fraud.
Be careful.
 
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that's what i was concerned about, i already explained it to my wife but she needs other opinion.

thanks...

more opinions please...

judex

GotPR? said:
I think it may backfire.
If she filed petition for her biological parents, her first petition (by aunt) is questioned how it was possible to file. Then, she has to tell CIS that she was legally adopted, and then end of story. If she says her biological parents are still legitimate, then 1st petition by aunt might be considered fraud.
Be careful.
Click to expand...
 
GotPR? said:
I think it may backfire.
If she filed petition for her biological parents, her first petition (by aunt) is questioned how it was possible to file. Then, she has to tell CIS that she was legally adopted, and then end of story. If she says her biological parents are still legitimate, then 1st petition by aunt might be considered fraud.
Be careful.
Click to expand...

Let them question all they want. She's a permanent resident through employment... her aunt's petition was of no good to her in the first place.

The only problem is going to be proving the relationship with the parents when they have different surnames.
 
It does not matter if 1st petition was no good. Atempt to file petition might be questioned(whether they find this is different issue).

If she put adopting parents' name on her own I-485(I don't know which parents name she put especially if she did not have birth certificate) and claim biological parents are legitimate, that triggers another problem.
 
she doesn't have I-485 bcoz of consular processing...

she has a new birth certificate from the National Statistics Office-Philippines with the surname of her aunt, which was submitted together with the adoption paper to process her immigration papers...

more opinions please...

thanks again...


GotPR? said:
It does not matter if 1st petition was no good. Atempt to file petition might be questioned(whether they find this is different issue).

If she put adopting parents' name on her own I-485(I don't know which parents name she put especially if she did not have birth certificate) and claim biological parents are legitimate, that triggers another problem.
Click to expand...
 
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