Home  Questions and Answers for Family Immigration  | 

Can I File an Immigration Petition for My Adoptive Child?


As a U.S. citizen, can I file the immigration petition for my adoptive child? and how could I do it?


While U.S. citizens may sponsor any of the spouse, parent, brother/sister, or child, the lawful permanent residents may only petition a spouse or unmarried child. If you are filing the Form I-130 petition for a child or parent, you will need to select an option for the type of relationship: biological, stepchild/stepparent, or adoptive.

The immigration petitions with biological relationships are generally the most straightforward, but the
immigration laws that affect step relationships and adoptive relationships get more complicated. For example, the marriage that created a stepchild/stepparent relationship must take place before the child’s 18th birthday. Petitioners with step or adoptive relationships will also have to submit additional documentation as evidence of the relationship.

There are some additional questions about adoptive relationships. These are generally easy to answer. However, as previously explained, adoptive relationships can make the visa petition process more complicated. There are two ways to bring an adopted child to the United States through the immigration process. You can petition a child either as an orphan or as a non-orphan.

First, you can bring a child to the United States if the child is a Non-Orphan Adopted Child. The criteria for this process are as follows: The legal adoption order must be from a court or other governmental entity and that the adoption process must be finalized before the child’s sixteenth birthday. You must have lived with your adopted child outside of the United States, and the child must have been in your legal custody, for at least two years.
If you meet the requirements, you can file a Petition for Alien Relative Petition (I-130 Petition). You may receive a notice to appear to your nearest USCIS office to submit additional documents or information. If the petition is approved, then the U.S. embassy or consulate can issue an immigrant visa on behalf of your adopted child.




For All Your Immigration and Green Card Application Needs
 © Family Green Card Application Service, www.greencardfamily.com