Q & A October 04, 2004
Q & A 1.
Q&A 1.
For adopted child petion, you must prove adoption was completed
prior to the adopted child's reaching the age of 16
My wife and I immigrated to the United States in 6/02 and 12/01
respectively. My adopted son is now 12 year old. He was my wife’s
nephew and lived with us ever since he was born. In 6/2002, we completed
the official adoption procedure in China. After we came to the United
States, we asked his grandmother to care for him temporary.
In 4/2003, we applied I-130 for my adopted son and currently are
waiting for the priority date. My questions are:
1. Before my son’s official adoption papers were filed, we
lived together for 10 years. After my wife and I immigrated here,
we went back China to visit him and lived together for over a month.
Do we need a record that shows we lived together for 2 years? Should
we give up our U.S. jobs and went back China to live together for
2 years? Are there other methods?
2. What type of evidence is needed to prove the 2 years living together?
3. My son’s grandmother is over 70 years old and is having
difficulty taking care of him. For the reason, can my son be approved
under non-immigrant visa to come to United States so that we could
care for him prior to the priority date? Or are there other solutions?
Thank you for your assistance.
Reader Lai
Dear Reader:
1. I will assume for purposes of this question that the natural
parents are still alive. In situations involving death or disappearance
of parents, you would be able to apply under the orphan petition,
which involves a different procedure than the one that you appear
to be filing at this time. For you to immigrate your adopted son,
you must prove that the adoption was completed prior to the child's
reaching the age of 16, that you have physically lived with the
child for two years in the role of a parent, and that you have had
legal custody of the child for two years. You state that you lived
together with the child for 10 years before the adoption papers
were filed. The question arises as to the address of his natural
parents -- if they resided close to the location that he resided
with you and your wife, did the child really regard you as a parent
or as an uncle? If the question cannot be resolved by your prior
residence with the child in China, you or your wife could return
to China now to establish the two years of physical residence.
2. Items which might establish your living together in the role
of a parent for two years could be signatures on report cards, statements
from his schools in China that you and your wife have always been
regarded as the parents, household registration listing him as part
of your household, etc.
3. It is not the policy of the U.S.C.I.S. to grant paroles for
12 year old children to enter the United States. I do not see any
further solutions at this time to allow the child to enter the U.S.
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