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immigration
New Jersey
Viewed 23 times.
Posted 24 days ago in Immigration
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if a US citizen brings a child to the US and after two years of stay, files for adoption oversees and it gets approved. Then files the I-130 in the US and gets approved and transferred to the NVS. When the NVS responds, the US citizen fills out the affidavit of support and pays the processing fees. All that is left now is to send in the DS-230 and wait for approval/interview. Does that mean that the beneficiary will have to go back to their country for the interview even tho they are in the US? what if the beneficiary is out of stay? Does anyone know about this?
yes the child entered legally but currently out of status. USCIS approved the I130 and transferred the case to the NVC saying that beneficiary is not eligible to change status in the US. However, NVC asked us to turn in the DS230 - Is this your question? Add additional information Answers (1)Jennifer Suet Fong Lim
This attorney is licensed in California.
Posted 23 days ago.
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Hello:
There is one important piece of information missing from your question, which is the country of origin for the child and whether that country is a member of the Hague Convention on International Adoption. The following consequences flow from that difference: 1) If child's country of origin is NOT a member of the Hague Adoption Convention (e,g, the U.S. has become a member since December 2007), the OLD rules and procedures still apply. The basic requirements are that: a) the adoption gets finalized before the child turns 16 years old, b) the U.S. citizen adoptive parent had 2 years of legal custody/residence with the child before the I-130 petition is filed. Under the OLD rules/procedures, the child can still file an I-485 application for adjustment to residency within in the U.S. even if the child is "out of status" as long as the child entered legally and can show proof of legal entry. Under that scenario, it is not necessary to go through NVC processing and turn in the DS230 as that means that the child will be applying for an immigrant visa through OVERSEAS consular processing. It sounds odd that your friend managed to get an adoption decree from a foreign country while the child is residing with him in the U.S.. You might want to double-check that the adoption is valid and your friend did not provide any misstatements (e.g. that he resided in the foreign country with the child for a specified period) in order to get the foreign adoption decree, as either the Dept. of State or the USCIS may halt or deny the visa processing at a later stage on that basis. 2) If the child's country of origin is a MEMBER of the Hague Adoption Convention and the adoption was finalized after April 2008, then NEW rules and procedures apply. Under this scenario, your friend can no longer file an I-130 petition, but file an I-800 or I-800A petition. Under the new procedures, the child's country of origin (called the SENDING country) will have designated "Central Authority" that will conduct an investigation into whether the adoption meets the requirements of the Hague Convention (e.g. whether it is in the child's best interests, whether there was some monetary inducement paid for the child to be adopted, etc.). Different countries will have their own methods of complying with the Hague Convention. You can visit my website for more information and a link to the Hague Convention on this subject. |