Help Desk:
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).
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