Adopted children in Colorado, Wyoming and other locations must also be under 21 and unmarried but MUST meet additional requirements to qualify:
1. Child is legally adopted prior to turning 16 (some exceptions apply)
2. Child is in legal and physical custody of the U.S. citizen for 2 years
Adopted children petitions may sometimes be difficult or complex depending on if the adopted parents are relatives of the natural parents and the country the child is being adopted from. Contact Denver and Boulder immigration lawyer, Catherine Brown to schedule a consultation. Contact us online or at 303-322-2117.
Orphaned children to enter the US and Colorado must also be under 21 and unmarried but MUST meet additional requirements to qualify:
1. Adoption while child under 16
2. Orphan by reason of death or disappearance, abandonment and/or desertion, separation, or loss of both parents. Abandonment requires parents forsake all parental rights.
Orphans are distinguished from adopted children in the following ways:
1. Orphans do not have a two-year legal custody/residence requirement or a pre-existing family relationship.
2. For orphan, need to establish that s/he is adopted abroad.
The adoption process must conform to the Hague Convention if both countries are state parties to the Convention. If already here, then not an orphan, but an adoption. Some benefits are available to an orphan in U.S. in parole status who is NOT adopted in the U.S., but an orphan illegally in the U.S. or on a nonimmigrant visa is ineligible to receive the benefits of an orphan petition and to adjust.
Orphan children petitions are complex and can be difficult depending on several factors including the country the child is being adopted from.
Contact Denver and Boulder immigration lawyer, Catherine Brown to schedule a consultation. Contact us online or at 303-322-2117.
Other Qualifying Relatives
Visas for Family, LPR and US Relatives
If you are not an Immediate Relative, you may still qualify under other major family categories called “Preference Categories.” Unlike Immediate Relative, these relatives are subject to visa limits or “caps” based on the percentage allotted to that category and from what country you come from. Because many categories have too many people applying each year, a backlog occurs and creates a “waiting line,” which can be incredibly long and complicated depending on what country you come from. Mexico, the Philippines, China, and India are usually countries with longer “waiting lines” than others.
If you fit within one of these categories, you are eligible now to file a Relative Petition on Form I-130:
1. Unmarried son or daughter of a U.S. citizen
2. Spouse or child of a legal permanent resident
3. Married son or daughter of a U.S. citizen
4. Brother or sister of a U.S. citizen
It is even more critical sometimes than Immediate Relative applications to consult with an experienced immigration lawyer like Denver and Boulder attorney Catherine Brown, about eligibility, appropriate evidence, and timing because they are each unique and you do not want to lose your place in line due to mistakes.
If you wish to bring a spouse, child, brother, or sister to Colorado and the United States , contact Denver and Boulder immigration attorney Catherine Brown to schedule a consultation. Contact us online or call us at 303-322-2117.