Legal Question in Immigration Law in California

We are Legal permanent residents of the US (We got our Green cards last year in September). We would like to adopt a child from our country of citizenship following the local laws. We need to fulfil a requirement where the child should have resided with us for 2 years before we can file for a I-130 under the F2A category. We have the following questions:

1. Can we fulfil the 2 year residency requirement by bringing the child into the US and have him/her live with us (the child already 'adopted' under local laws of the country)?

2 Under what Visa category can we bring the child into the US to 'fulfil' the residency requirement as above?

3. Under what non-immigrant category can the child legally reside in the U.S. until USCIS decides on the case - which is F2 A category with long waiting lists...

Thanks for your advice.


Asked on 9/28/10, 12:06 pm

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

If the child is an orphan, then an orphan petition can be submitted.

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Answered on 10/04/10, 11:03 am


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