I have an aunt in America who wants to take me as an adopted son. problem problem . . urgent

Taking you as an adopted son should mean that you are adopted by permanent residents as a child whose parents are alive. The following is the information I found for the landlord. Take a closer look ~ more important ~

From the perspective of immigration law, adopted children should be divided into orphans and children whose parents are still alive. The two involve different legal provisions and requirements. Let's talk about the adoption of children whose biological parents are still alive.

First of all, adopted children should not be over 16 years old. Generally speaking, children refer to unmarried sons or daughters under 2 1 year old. However, if you adopt a child, you must not be over sixteen. However, the age of 16 means that the adoption procedures must be completed before the age of 16, and the immigration application can also be processed after the age of 16.

Two, must live with the adopter for at least two years. The adopted child must live with the adopter for at least two years, or the adopter must enjoy custody for two years. When hearing the adoption application, the Immigration Bureau pays most attention to these two points: 1 and * * * living together-the adopter must provide documents about * * * living together, including:-the adopter owns or keeps the house or residence where the adoptee lives; Proof that the adopter supports the adoptee financially. If the adopter lives with the adoptee, that is, the adoptee's biological parents, it will often arouse the suspicion of the immigration bureau. At the same time, if the adopter and the adoptee live together for a short time, it will also be noticed by the immigration office. For example, in one case, an uncle living in the United States adopted a nephew living in the Philippines. After the adoption formalities, my uncle flew back to the United States, and my nephew lived with his biological mother. When my uncle later went through the immigration formalities for my nephew, he was rejected by the Immigration Bureau. 2. Legal guardianship-only informal guardianship documents, even notarized guardianship documents, can not meet the requirements of the Immigration Bureau. Legal guardianship can only take effect with the approval of the court or other government agencies where the adopter is located.

Adoption must conform to the laws of the country where the adoptee is located. In order to prevent the sale of children, adoption must abide by the laws of the adopted country. This sometimes involves very complicated international law, so we should pay attention to it when applying it. At the same time, some conventional forms of adoption in China, such as adoption, cannot be recognized by the Immigration Bureau, and formal adoption procedures recognized by relevant government departments must be handled.

Four, the adoptee's biological parents and brothers and sisters can not apply for immigration.

Once the adoption formalities are completed, the relationship between the adoptee and his biological parents, brothers and sisters will be terminated. Neither his parents nor his brothers and sisters can immigrate to the United States through the adoptee. 1993 Li case, the applicant applied for immigration for his adoptive parents after naturalization. After his adoptive parents approved the immigration, the applicant applied for immigration for his own brother. The Immigration Bureau confirmed that since the applicant has been adopted, the relationship between the adoptee and his biological parents, brothers and sisters no longer exists. Therefore, this application was not approved. However, in a case of 1995, the immigration court made further provisions on the immigration of the biological parents of the dependents. According to the case, the applicant's biological parents, that is, brothers and sisters, can still apply for immigration if the following four conditions are met:

1. The adoptee did not immigrate to the United States through adoption;

2. The adoption relationship has officially ended;

3. The relationship between biological parents and children was formally restored.

Verb (abbreviation of verb) Procedure for applying for adoption of child immigrants The applicant must be an American citizen or a permanent resident. Applicants should fill in the I-600 form and issue the following supporting materials: 1. The adoption relationship has been recognized and recognized by the laws of the country where the adopter is located; 2. The law of the place where the adopter is located determines that the adopter has legal jurisdiction over the adoptee and has lived together for more than two years; If the applicant is a permanent resident, the adoptee can directly apply for immigration, and can apply for citizenship when qualified according to the adoption schedule.

I don't know if the landlord has read it carefully. Let me repeat the key points.

The first is the age of the landlord, that is, he must be under 16 years old after completing the adoption procedures, and if the adopter is not a citizen but an immigrant, after the landlord submits the immigration and the immigration is approved, the landlord needs to be under 2 1 year old (because the trial time is long, it may be invalid if the formalities are completed).

The second is to live together for at least 2 years after completing the adoption procedures.

The third is the legal and formal procedure, not only the establishment of the adoption relationship in the United States, but also the termination of the parent-child relationship between you and your parents in China.

Fourth, the biological parents, brothers and sisters of the adoptee cannot apply for immigration. That is to say, if the landlord immigrates through this adoption, you can't apply for your biological parents, brothers and sisters through family reunion in the future, because the Immigration Bureau thinks that you have legally terminated your relationship with family of origin.

Of course, if your landlord wants to take you as an adopted son, and she has her own child (this is not a necessary condition), and you are still the child of your biological parents, it is only in the sense of human feelings, not in the legal sense, then you are not qualified to adopt immigrants.

According to the new supplement at the back of Article 4, if the landlord has only established an adoption relationship (that is, he has gone through all adoption procedures with this aunt) and failed to immigrate through the adoption relationship (it may be that he was over age when submitting the adoption immigration, or he did not want to submit the adoption immigration and wanted to immigrate through studying abroad and employment in the future), in this case, after the landlord immigrated through other channels, he must first terminate your new adoption relationship and restore the parent-child relationship with your biological parents, so that it is possible to put your.

It is a great happiness to be taken care of when you are away from home, but I'm afraid the gains and losses of getting a green card in this way must be carefully considered ~

I think if the landlord is below 16, parents don't want to go to the United States in the future, no brothers and sisters come to China, there is no huge property at home, and parents don't care about the nominal parent-child relationship, they can go through this procedure immediately, because it will take a long time to submit the adoption immigration approval later, so as to avoid being adopted and not moving into citizens after the expiration. Heavy losses ~ (After adoption, your parents don't even have the legal qualification to apply for visiting your relatives in the United States, and you don't have the legal qualification to inherit everything from your parents unless you terminate the adoption) Finally, because most of China are only children, the Immigration Bureau is likely to doubt whether your adoption motivation is real immigration and fake adoption, or whether it will lead to unsuccessful immigration. Even if you terminate the adoption later, your change will affect your reputation in the United States ~ ~

I can't say that your landlord means no harm, but what I said above is from the heart. Maybe I misunderstood the landlord's "adopted son", or maybe I was too blunt in some places. The landlord will not be happy to see it. This is actually a big choice for the landlord's life. I must think it over and discuss it with my parents at home. To tell your parents what I just said, your parents may not know the disadvantages of what I just said.

I hope it will help the landlord ~