Legal Question in Immigration Law in California
Father in Law wants US Citizenship
My wife wants--name removed--to waive all parental rights, and I do not.
My question is if I waive my parental rights then can my father in law(Chinese Citizen) then adopt my children and then apply for US citizenship??? Can a person use their adopted US children to get citizenship this way?
2 Answers from Attorneys
Re: Father in Law wants US Citizenship
Dear Inquirer:
If your father-in-law legally adopts US citizen children when they are under the age of 16 and he establishes two years of physical and legal custody, then the children could be considered his "children" under the Immigration & Nationality Act. This, however, does not confer citizenship on yur father-in-law. A US Citizen child could petition his parrent for a green card once that child reaches the age of 21.
I recommend that you email us at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.
Re: Father in Law wants US Citizenship
This is a complex matter. Adoption for immigration purposes must take place before the child is 16. The reviewing officer will likely question the adoption, especially where the adoptive parents are relatives of the natural parents. Is your wife a US Citizen? Is your father-in-law in legal status? There may be other options for your father-in-law based on his specific immigration history.
To discuss your specific case further, kindly email me directly at [email protected].
Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
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