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 other information about Adoption and Immigration, please click
on one of the following topics below:
A Brief Background for Adoption
Who can be considered as a child?
What about an adopted child?
Adopted by a US Citizen
Adopted by a Permanent Resident
Adopted by an Alien with a Valid Non-immigration Visa
The Immigration Procedure for Adoption
Citizenship of the Adopted Child
Adopted Child and His Natural Parents
ORPHAN ADOPTION PROGRAM
Orphan Adoption Program and Eligibility
Advance Processing and Orphan Petitions
The Immigration Procedure for Adopted Orphans
Citizenship of the Adopted Orphan
HAGUE CONVENTION ADOPTION PROGRAM
Hague Convention Adoption and Eligibility
Differences between Hague adoptions (I-800) and orphan adoptions (I-600)
Frequently Asked Question about Adoption and Immigration
Refer this page to a friend