An Adopted Son May Enjoy Immigration Benefits before His 16th Birthday

Question:

I want to adopted my brother's son, and bring him to U.S. Currently the boy is 14 years old. What should I know? and how could this boy enjoy U.S. immigration benefits based on my adoption? Thank you very much.

Answer:

If the alien child is adopted in the U.S. before the child's 16th birthday, there is no problem to establish the relationship between the adoptive parent and the child.

If the adoption is outside the U.S., while full legal papers are available, there should be no problem in establishing the relationship between the adoptive parent and the child. However, an adoption unaccompanied by legal papers, such as a common law adoption, may present a problem in establishing the relationship between the adoptive parent and the child. An adopted child may enjoy immigration benefits based on the adoption if:

The adoption occurs prior to the child's 16th birthday;

The adoptive parents had have legal custody of the child for two years (before or after the adoption); and

The child had resided with the adoptive parent for two years (before or after the adoption).