The U.S. Department of State has clarified that U.S. permanent residents may petition for their adopted alien child to immigrate as a qualified derivative only if they completed the adoption prior to their admission as lawful permanent residents. In other words, only children who were adopted before their parent became a Green Card holder and who satisfy the three requirements for adoption: (i.e., (1.)adoption before the age of 16; (2) two years custody by their adoptive parent; and (3) two years of residence with the parent) may immigrate into the U.S. together with their parent as a derivative.

Currently, there is no provision for newly adopted children of permanent residents to immigrate and join their parents in the United States. As a result, the only way for these newly adopted children to immigrate is to meet the definition of “Adopted Child” under immigration law: (1) adoption before the age of 16; (2) two years custody by their adoptive parent; and (3) two year of residence with the parent. Once an alien child satisfies these criteria, his adoptive parent, as a lawful permanent resident, may petition for the child in the family-based second preference category. For more information about this category, please click here.

Taking into account the required two-years of custody and residence, as well as the lengthy waiting period for second preference category visas, by the time an adopted child qualifies for immigration, his/her parents may have already qualified for naturalization. Thus, at that time, the parent, as a U.S citizen, may petition for the child’s immigration as an immediate relative of Family-Based First Preference. For more information about naturalization, please click here.

For more information on immigration Process for Regular Adoption, please visit the following links:

• Regular I-130 Petition
• Definition of Child
• Adoption of Foreign-born Orphans
• Adopted Children
• Adoption By U.S. Citizens
• Adoption by U.S. Permanent Residents
• Adoption by Aliens in the U.S. with Valid Nonimmigrant Status
• The Immigration Procedure for an Adopted Child
• Citizenship for adopted children
• Immigration Privileges for the Biological Parents of Adopted Children