Can adopted child sponsor biological family members (natural parents and siblings)
This guide discussed if after adoption, the child can still sponsor biological family members. Please note: This is not legal advice or creates any attorney client relationship. Always proceed through an attorney before taking any action.
Adoption cut ties with the biological familyAfter the adoption is complete, the relationship between biological family and child ends, and for all intent and purposes the new family (adoptive family) is considered to be parents of the child. Therefore, after adoption, biological parents and biological family members have no relationship with the child. Therefore, under most circumstances the adopted child will not be able to file an immigration petition for his/her biological family members (parents and siblings), even if the adoptive relationship has been terminated.
Adopted Child Cannot Petition For Biological Parents Or SiblingsAdopted children cannot confer any immigration benefits to their biological siblings, parents, or any other blood relatives. Board of Immigration Appeals (B.I.A.) and federal courts have held in several cases that adopted child cannot file any immigrant petition for his biological family members, under the family based immigrant categories.
Exception - When An Adopted Child Could Petition For Biological FamilyIf adopted child had immigrated to the United States by some means other than through adoptive family, and the adoption had been terminated, the under limited circumstances adopted child can stile file immigrant petitions for his/her biological members.
ConditionsTermination of adoption ends the legal relationship to U.S. parent(s) and thus the biological parent-child relationship may again be recognized for immigration purposes if the following conditions are met: 1. Adopted Child did not obtain any immigration benefits through adoption; 2. The adoption has been lawfully terminated under applicable law; 3. A parent-child relationship once existed between the biological parent(s) and child; and 4. The relationship has been re-established between child and biological parents.