Adoption
| US Visa and Immigration Services |
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Below is a copy of a letter we sent to one of our Clients. Hopefully it gives you an idea of the many issues involved when applying for a US visa for
an adopted child. As you can see, it may not be a good idea to start the process on your own.
NOTE: All names, places, dates, etc. in the below letter have been changed or omitted to protect the privacy of the individuals cited.
To : Mr. J. D.
From : BDC-Consultancy
Date : April 16, 2009
RE : Case No. MNL2008xxxxxx, Jane Doe
Dear Sir;
Based on our conversation, and reading the copies of the letters sent to you from the US Embassy, I understand that the visa application in the above referenced case is being held pending
further evidence of compliance with the requirements of 2-year parental and legal control of the adopted child, pursuant to 212(a)(5)(A) INA.
You have applied for immigration benefits for a non-orphan adopted child under 101(b) (1) (E) INA. In accordance with this statute, the following requirements have to be met:
The consular officer at the US Embassy is requesting proof that requirements 3 and 4 have been met. In order for us to assist you in this matter, and ensure that
the outcome will be positive, you will need to provide us with the following information and documentation:
What is the date of birth of the child? Where is the child residing now?
Was the child born and adopted in the Philippines? I am sure you are aware of the fact that if the child was born in the Commonwealth of the Northern Mariana
Islands (CNMI), the child already has USC status.
If the child was born in the Philippines, I assume the adoption was done pursuant to the rules of the Family Code of the Philippines, Exec. Order No. 209, July 6,
1987. The date the child becomes the legitimate child of adoptive parents under Philippines law is stated in the Decree of Adoption and the Certificate of Finality.
Neither the date the decision became final and executory, nor the date it was signed by the judge have any significance here.
It is apparent that the evidence in support of your petition did not satisfy the 2-year legal and parental custody requirements. As to these requirements, the dates
of legal and parental custody may not be the same. The legal custody is obtained on the date set by the court decree. The actual parental, or physical, custody of
the child may be executed at a later date. Also, the two-year requirement need not be continuous, but can be in aggregate.
I need you to submit the following evidence in support of your petition:
- Submit proof that the child is physically residing with the USC adoptive parent. If the USC is working abroad, submit passport with arrival/departure
stamps, airplane tickets, boarding passes, receipts for tickets, itineraries, and frequent flier mileage data. These should all show entries and departures to and
from the place of residence. Also submit any lease, rental, or ownership documents in the adoptive parents’ names proving domicile of child and parents.
proof and documentation is needed to show that somebody has been hired to care for the child in the absence of the USC adoptive parent. This may be a nurse,
nanny (yaya), au-par, or a relative of one of the adoptive parents. However, the biological parents are not acceptable. You also need to prove that the residence
of the child is not that of the biological parents.
- You have to provide affidavits from the biological parents as to where they reside, and their income tax returns showing that the adopted child is not entered as a
deduction or a dependant. The consulate wants to see any old identification cards showing addresses of the biological parents. The same requirement applies to
the adoptive parents.
- As an adoptive parent, you need to prove that you are paying for the day-to-day expenses incurred for the child. Typical documents are receipts for any school
physical exams or medical bills for the child. Similar documents are receipts, invoices, cancelled checks or credit card statements as proof of your support. Other
items are report cards and permission slips from school with the adoptive parents’ signature.
- The consular officer will also want to see photographs of the child together with the adoptive parents at holidays, birthdays, school functions, if applicable,
baptismal and first communion.
Because the biological parents have given up their parental rights to the child, they are not allowed to carry on those responsibilities once the adoption decree is
final. It would be extremely difficult for the adoptive parents to prove that they have established full parental control of the child if they, for example, reside at the
same residence as the biological parents, or they allow them to take care of the adopted child. It is extremely unlikely that the visa will be approved if the above
situations exist.
Be aware of the fact that the burden of proof in any immigration matter lies solely with the petitioner and/or the applicant.
an adopted child. As you can see, it may not be a good idea to start the process on your own.
NOTE: All names, places, dates, etc. in the below letter have been changed or omitted to protect the privacy of the individuals cited.
To : Mr. J. D.
From : BDC-Consultancy
Date : April 16, 2009
RE : Case No. MNL2008xxxxxx, Jane Doe
Dear Sir;
Based on our conversation, and reading the copies of the letters sent to you from the US Embassy, I understand that the visa application in the above referenced case is being held pending
further evidence of compliance with the requirements of 2-year parental and legal control of the adopted child, pursuant to 212(a)(5)(A) INA.
You have applied for immigration benefits for a non-orphan adopted child under 101(b) (1) (E) INA. In accordance with this statute, the following requirements have to be met:
- The child has to be adopted before reaching the age of sixteen (16).
- The child must be in the legal custody of the adoptive United States Citizen (USC) parent for two years prior to filing the petition.
- The child must have lived with the adoptive USC parent for at least two years after obtaining legal custody or the granting of the Decree of Adoption.
- The adoptive USC parent must have exercised primary parental control during that period.
The consular officer at the US Embassy is requesting proof that requirements 3 and 4 have been met. In order for us to assist you in this matter, and ensure that
the outcome will be positive, you will need to provide us with the following information and documentation:
What is the date of birth of the child? Where is the child residing now?
Was the child born and adopted in the Philippines? I am sure you are aware of the fact that if the child was born in the Commonwealth of the Northern Mariana
Islands (CNMI), the child already has USC status.
If the child was born in the Philippines, I assume the adoption was done pursuant to the rules of the Family Code of the Philippines, Exec. Order No. 209, July 6,
1987. The date the child becomes the legitimate child of adoptive parents under Philippines law is stated in the Decree of Adoption and the Certificate of Finality.
Neither the date the decision became final and executory, nor the date it was signed by the judge have any significance here.
It is apparent that the evidence in support of your petition did not satisfy the 2-year legal and parental custody requirements. As to these requirements, the dates
of legal and parental custody may not be the same. The legal custody is obtained on the date set by the court decree. The actual parental, or physical, custody of
the child may be executed at a later date. Also, the two-year requirement need not be continuous, but can be in aggregate.
I need you to submit the following evidence in support of your petition:
- Submit proof that the child is physically residing with the USC adoptive parent. If the USC is working abroad, submit passport with arrival/departure
stamps, airplane tickets, boarding passes, receipts for tickets, itineraries, and frequent flier mileage data. These should all show entries and departures to and
from the place of residence. Also submit any lease, rental, or ownership documents in the adoptive parents’ names proving domicile of child and parents.
proof and documentation is needed to show that somebody has been hired to care for the child in the absence of the USC adoptive parent. This may be a nurse,
nanny (yaya), au-par, or a relative of one of the adoptive parents. However, the biological parents are not acceptable. You also need to prove that the residence
of the child is not that of the biological parents.
- You have to provide affidavits from the biological parents as to where they reside, and their income tax returns showing that the adopted child is not entered as a
deduction or a dependant. The consulate wants to see any old identification cards showing addresses of the biological parents. The same requirement applies to
the adoptive parents.
- As an adoptive parent, you need to prove that you are paying for the day-to-day expenses incurred for the child. Typical documents are receipts for any school
physical exams or medical bills for the child. Similar documents are receipts, invoices, cancelled checks or credit card statements as proof of your support. Other
items are report cards and permission slips from school with the adoptive parents’ signature.
- The consular officer will also want to see photographs of the child together with the adoptive parents at holidays, birthdays, school functions, if applicable,
baptismal and first communion.
Because the biological parents have given up their parental rights to the child, they are not allowed to carry on those responsibilities once the adoption decree is
final. It would be extremely difficult for the adoptive parents to prove that they have established full parental control of the child if they, for example, reside at the
same residence as the biological parents, or they allow them to take care of the adopted child. It is extremely unlikely that the visa will be approved if the above
situations exist.
Be aware of the fact that the burden of proof in any immigration matter lies solely with the petitioner and/or the applicant.
| Filipino kids playing |
The Final Decree of Adoption -
The document we all hope for.
The document we all hope for.
| BDC Consultancy, LLC. |