Legal Question in Immigration Law in Illinois

adoption-immigration

I possess multiple visitor visa upto 2010 came from India. I lost my wife in March 2000. I along with my two children came to USA on visitor visas during May 2000, and I gave my two sons for adoption in July 2000 to my own brother who got his green card last year. The kids's I-94 got expired on December 2000 . My son's date of births are September 1988 and May 1987, they are now studying and staying at Illinois with my brother and my brother applied for their adjustment of status last month.

In January, 2002 I married a citizen of USA and who is willing to adopt them back. Now my concerns are:

What is any age limit for adoption in Illinois?

Can we adopt them without leaving Georgia and without my brother leaving Illinois as we all have jobs.

Atleast can we bring them here(we as the the legal guardians) for them to go to schools here without effecting their application for adjustment of status.


Asked on 11/23/02, 6:37 pm

1 Answer from Attorneys
Richard Alvoid Richard Alvoid, PA

Re: adoption-immigration

First of all, I highly recommend a telephone/email consultation with me before acting, and there is no charge. However, for immigration purposes, a child must be under 16 when adopted plus two years of shared residence thereafter - with exceptions. If the kids were under 18 when you married the US citizen, then they qualify as Immediate Relatives and your citizen wife can petition them - making adoption not essential for immigration. And keep in mind that federal law governs adoptions for immigration purposes not state (Illinois) law. Best of luck! email [email protected]

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Answered on 11/23/02, 6:54 pm


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