Adoption in the Philippines

[SumDumJoe 560]

B:) No, it is too late. You must file before his 16th birthday, and you are just now filing the adoption paperwork. Isn't going to fly. 

 

 

 Where are you getting the file before sixteen? 

 

 Everything I am reading says as long as I have legal and physical custody of him before he is 18, he should be able to get U.S. citizenship. I just don't know if we can get everything done in the next two years. 

 

 

Is Automatic Citizenship Provided for Children (Including Adopted Children) Born and Residing Outside the United States?

No. In order for a child born and residing outside the United States to acquire citizenship, the United States citizen parent must apply for naturalization on behalf of the child. This only applies to children who not acquire U.S. citizenship at birth. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance. The child does not have to be admitted as a permanent resident; a lawful nonimmigrant admission is enough. To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements:

• The child has at least one United States citizen parent (by birth or naturalization)

 • The United States citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14 –– or the United States citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;

• The child is under 18 years of age;

• The child is residing outside the United States in the legal and physical custody of the United States citizen parent;

• The child is temporarily present in the United States –– having entered the United States lawfully and maintaining lawful status in the United States;

https://www.uscis.gov/sites/default/files/files/pressrelease/CCA_102504.pdf

[Jawny 4,617]

Where are you getting the file before sixteen? 

 

 Everything I am reading says as long as I have legal and physical custody of him before he is 18, he should be able to get U.S. citizenship. I just don't know if we can get everything done in the next two years. 

 

 

 

https://www.uscis.gov/sites/default/files/files/pressrelease/CCA_102504.pdf

i dont have info in the immigration requirements, but i do want to caution you that it can take two or more years to complete the adoption, from start to finish. This is largely a built in delay as the courts use a scheduling system that is going to require you to wait weeks, sometimes months between hearings. My adoption took around two years, but at the end, the SOLGEN appealed the judge's ruling. This lasted another extended period.

 

Finally, when it is all done, the local registrar will make changes to the birth record and forward that to the NSO. Each of those steps can take a while. Once the NSO is done, the process I see completed.

 

From start to finish, my adoption took four years.

[SumDumJoe 560]

 I have the very sinking feeling that I will not get it done in time for him, which will really suck. Hopefully we will get some folks with some compassion and speed things up a bit so he can get his U.S. passport. I am not optimistic on that front. 

[shadow 18,483]

 Where are you getting the file before sixteen? 

 

 Everything I am reading says as long as I have legal and physical custody of him before he is 18, he should be able to get U.S. citizenship. I just don't know if we can get everything done in the next two years. 

 

 

https://www.uscis.gov/sites/default/files/files/pressrelease/CCA_102504.pdf

"Under the INA, a child who is adopted abroad while under the age of 16 and who has been in the legal custody, and has resided with, his or her adoptive parent(s) for at least two years may be the beneficiary of a U.S. Citizenship and Immigration Services (USCIS) I-130 petition (Petition for Alien Relative) and receive an immigrant visa in the IR-2 category."

 

https://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child/immigrant-visa-process.html

 

 

"Who May Be Adopted?

The Immigration and Nationality Act, section 101(b)(1)(G), in part, defines "child" as:

• The child is under the age of 16 on the filing date of the petition (but see specific country requirements below)."

http://www.ustraveldocs.com/ph/ph-iv-adoption.asp

 

 

 

 

"Bringing an adopted family member or a domestically adopted child with you on your immigrant visa petition.

U.S immigration law has clear and specific provisions regarding qualifications for immigration. If you are attempting to bring someone who is not your child by birth, the following conditions must be met before that child can meet the statutory requirements of the Immigration and Nationality Act, Section 101(b)(1):

• The child must have been legally adopted before the age of 16 (or be the sibling of a child who was adopted by the same parents while under the age of 18). The adoption must be legal and final. Simply providing financially for the child does not satisfy the legal adoption requirement. To satisfy U.S. visa requirements, the child must have been legally adopted pursuant to a final decree issued by a court having jurisdiction over the matter."

http://manila.usembassy.gov/adoptions.html

 

 

 

There are references to this all over the internet. A forum member, Wacobay, failed to get their requirements completed before the child turned 16, and fell afoul of this. They, like you, waited too long before actively pursuing this. PM him.

 

I am not here to argue with you, do your research. You are fighting a losing battle with your arms behind your back, after the war was already lost. This most likely it ain't goin to happen!

[+Salty Dog 69,079]

I don't mean to be insensitive here, but why would someone need to be adopted when they are nearly an adult...

 

Using TapaTalk, so can't use emoticons

[TheWhiteKnight 1,153]

I don't mean to be insensitive here, but why would someone need to be adopted when they are nearly an adult...

 

Using TapaTalk, so can't use emoticons

 

Really? Clearly this is all about getting them citizenship.

[Jawny 4,617]

Really? Clearly this is all about getting them citizenship.

My adopted child will not be getting USA citizenship as result of the adoption. The adoption had nothing to do with citizenship. My child is now a full member of the family and able to legally use a family name (mine) and the birth record from the NSO shows myself as father.

[Pman 4,725]

I don't mean to be insensitive here, but why would someone need to be adopted when they are nearly an adult...

Using TapaTalk, so can't use emoticons

So into I travel you don't have to worry about the Philippine laws on minors?

 

Does step son cover this or do they need to be fully adopted?

[+Salty Dog 69,079]

My adopted child will not be getting USA citizenship as result of the adoption. The adoption had nothing to do with citizenship. My child is now a full member of the family and able to legally use a family name (mine) and the birth record from the NSO shows myself as father.

You're not talking about a nearly grown teenager though, are you?

 

I would wonder why an older teenager would benifit from a family name change from the one they were born and raised with most of their life.

 

Using TapaTalk, so can't use emoticons

[TheWhiteKnight 1,153]

You're not talking about a nearly grown teenager though, are you?

 

I would wonder why an older teenager would benifit from a family name change from the one they were born and raised with most of their life.

 

Using TapaTalk, so can't use emoticons

 

I would think taking that name (if its not Filipino like) might actually cause them more issues than help them.

[+Salty Dog 69,079]

So into I travel you don't have to worry about the Philippine laws on minors?

 

Does step son cover this or do they need to be fully adopted?

I don't think an 18 year old Filipino is a minor...

 

Using TapaTalk, so can't use emoticons

Edited August 1, 2016 by Salty Dog

[Pman 4,725]

I don't think an 18 year old Filipino is a minor...

Using TapaTalk, so can't use emoticons

Talking about the younger kids. Like my future step son. Edited August 1, 2016 by Pman

[SumDumJoe 560]

 

 

I don't mean to be insensitive here, but why would someone need to be adopted when they are nearly an adult...

 

 Purely for the U.S. passport at this point in their lives. Having that blue passport will open up a world of opportunity to these boys that they will not otherwise have.