Legal Question in Immigration Law in Missouri

Re: Adoption of Micronesians

Make sure the children are under the age of 16 at the time of adoption, although a sibling of a child under 16 could be I believe 18 (need to check). see http://immigrationflowchart.com (a free service) end4.1, end4, 44, 486, 643, 507. Once the immigration service accepts the children as your children, (2 yr. custody required if not orphans), the you can file to adjust. If children are wards of the state, then there may be another way for them to obtain a green card without you having to adopt them. Glen

Re: Adoption of Micronesians

Generally, when an adopted child is already in the USA, in order for him/her to qualify for immigration into the country, the following criteria must be met:

1. The adoption occurs prior to the child's 16th birthday;

2. The adoptive parents had have legal custody of the child for two years (before or after the adoption); and

3. The child had resided with the adoptive parent for two years (before or after the adoption).

Assuming the adopted child (or children) is unmarried, under the age of 21, is adopted before the age of 16, has lived with his adoptive parents for two years, and has been under the custody of his adoptive parent(s) for two years, the adoptive parent(s) can file an immigration petition, and the adopted child can file an application to adjust status to permanent resident status concurrently. Again, this is generally the process, but you should consult with and retain a qualified immigration professional so you can discuss the specifics of your case and be guided through the process to avoid any mistakes. Often times in my practice I have encountered cases where adoptions were finalized but the necessary paperwork with USCIS was never processed, therefore, the adopted children faced problems with the Immigration Service later on in life. Feel free to contact me if you would like to discuss your case further. Good luck!