 Adoption: The Two Year Rule A favorite option among Filipinos is to adopt a nephew or a niece. This is particularly true among childless Filipino couples who had to forego the pleasures of parenthood so they could focus on their work and earn enough money for themselves and their extended families. Adopting a niece or nephew would be like hitting two birds with one stone. You will adopt someone who is as close as possible to your own child and he or she, in return, will hopefully have a brighter future in the U.S. However, the process of adoption is not that simple. Click the following to access the article: Botched Adoption The problem with most cases, as in yours, is that the petitioner resides in the United States while the child is staying in the Philippines. The USCIS is quite strict about this criterion and requires the petitioner to present convincing proofs such as the child’s school, medical, insurance and other records, as well as evidence that the petitioner stayed in the Philippines for at least two years to be with the child. Click the following to access the article: How Can I Bring My Wife's Adopted Child to the U.S.? At first blush, one might think that Steve can file a stepchild petition. After all, a plain reading of Sec. 101 (b)(1) of the Immigration and Nationality Act (INA) does not seem to require that the stepchild must be a natural child of your spouse. xxx However, the Department of State, in its Foreign Affairs Manual, categorically says that the stepchild must be the natural offspring of the petitioner’s spouse. Click the following to access the article: Follow-To-Join Adopted Child After going over their records, we explained to Steve and Lea that Angelina does not qualify as a 吐ollow-to-join・child. Angelina failed to satisfy one basic rule of “follow-to-join” which is that the parent-child relationship must have existed before the parent (Lea) was admitted into the United States. Click the following to access the article: Can Adopted Child Petition Her Mother? Unfortunately, Dang cannot file an immigrant petition for Aling Anita. The reason for this is that Dang immigrated to the United States by virtue of her being an adopted child. Natural parents of adopted child cannot obtain immigration benefits through their natural child if that child was adopted in accordance with INA 101(b)(1)(E) and an immigration benefit has resulted. Click the following to access the article: Adoption: The Two-Year Rule (Updated) Click the following to access the article: |
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