I-130 petition for adopted children

C

cjpanda

New Member
Question 1? My Husband and I adopted 2 children from Mexico on September 9, 2005. We have been told that we can't petition for them until September 9, 2007, but the way I read the regulation it says, we have to have custody for 2 years. Utah Law requires that all adoptive parents have custody for at least 6 months prior to the adoption becoming final. I was told if I could prove that, then we could petition for them on March 9, 2007. What is the correct information?

Question 2? One person told us that our adopted children would have to wait the 5 years after their residency was approved to apply for citizenship. Another told us that the day after their residency they automatically became citizens as long as they are under 18 when their residency is approved. Which one is the truth?
 
Another told us that the day after their residency they automatically became citizens as long as they are under 18 when their residency is approved.
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that's true as long as at least one parent is a USC.

citizenship for orphans
Orphans adopted by a US citizen parent are citizens once their adoption is final and they have lawfully entered the United States as permanent residents. Children who did not immigrate as orphans, but who were adopted by a US citizen parent and obtained lawful permanent resident status also automatically acquire citizenship (so long as they meet all the criteria prior to their 18th birthday). Foreign children who are adopted by US citizens who reside overseas are also entitled to citizenship, but under slightly different criteria. Such children may file for naturalization during a legal, temporary visit to the US so long as they are under 18 and their parents or grandparents meet certain other eligibility criteria.
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I am not familiar with Utah law, but I don't think it would apply to immigration laws.

I don't understand why you are fulfilling the two-year custody rule. Why can't you follow this one:

Immigration/Adoption of an orphan through submitting Form I-600: If you adopt or intend to adopt a child who meets the legal definition of an orphan, you may petition for that child at any time prior to the child’s 16th (or 18th, as described below) birthday, even if the adoption takes place subsequently (and in certain cases, the adoption does not occur until the child comes to the U.S.).
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Did you file the orphan petition? Are the children orphans?
 
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They weren't orphans. Neither parent was taking responsibility for them, and both parents had given up their rights, but I don't believe they qualify as orphans.
 
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