Asian Journal- The Filipino-American Community Newspaper

A US citizen or lawful permanent resident may file a family-based immigrant petition in behalf of his/her adopted child.

A child, however, is only considered legally adopted under US Immigration and Nationality Law if the child was adopted before the child reached the age of 16 and the US citizen or lawful permanent resident adoptive parent has fully complied with the 2-year actual custody and 2-year legal custody requirements.

The 2-year actual custody and 2-year legal custody requirements can be fulfilled simultaneously. The 2-year actual custody requirement means the child must have actually resided with the adoptive parent for at least 2 years. The 2-year legal custody is counted from date of final adoption decree or official document in the form of a custody award by the court or recognized governmental entity. Informal documents, such as sworn affidavits, are insufficient.

The rules are different when it comes to orphans. The 2-year actual custody and 2-year legal custody requirements do not apply to orphans.

A petition for an orphan must establish that the child was adopted abroad before the child reached the age of 16 and the adoption process complied with the rules under the Hague Convention if both countries are state parties to the Convention. Further, the petition must prove that the child is indeed an orphan by reason of death or disappearance, abandonment and/or desertion, separation, or loss of both parents. Lastly, the petition must establish that the adoption of the orphan child has been made by husband and wife or by a single parent at least 25 years old.

Adopting a child in the Philippines is a complicated process. It is important that you consult and/or hire an immigration attorney who is also familiar with the adoption rules and procedures in the Philippines before you start the adoption process.

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Attorney Eugene M. Palacios is the founder and principal of the Law Offices of Eugene M. Palacios. He has great depth of experience and a successful track record in handling employment and family-based petitions as well as PERM and naturalization applications. He is licensed as an attorney in California and is admitted to practice before US Immigration Courts, the US Central District Court, and California State Courts. He is also an active member of the American Immigration Lawyers’ Association. His offices are located at 100 North Brand Boulevard, Suite 600 , Glendale , California 91203 and at 800 South Barranca Avenue, Suite 250 , Covina , California 91723 .

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The above article does not, and is not intended to, constitute legal advice for a specific immigration problem and does not create an attorney-client relationship between our office and the reader. It is for informational purposes only and reflects our law firm’s opinions and views on general issues.

( www.asianjournal.com )

( Published October 17, 2009 in Asian Journal Los Angeles p. C2 )