rahul0402 Posted August 25, 2015 Report Share Posted August 25, 2015 I am in the US on a L-1 visa (my wife is on the L-2 visa). I am adopting my younger brother’s child. The child will be born early next year. We will bring the child to the US immediately after birth (post legal formalities in India). Is the visa application similar to that of a biological child? Or are there any specific requirements. Thank you. Link to comment
JoeF Posted August 25, 2015 Report Share Posted August 25, 2015 This is not going to work. You would have to live with the child for 2 years before you can bring the child to the US on a dependent visa. See http://travel.state.gov/content/adoptionsabroad/en/adoption-process/who-can-adopt/adoptions-by-non-us-citizens-living-in-the-us.html Link to comment
rahul0402 Posted August 27, 2015 Author Report Share Posted August 27, 2015 Thank you for the link Joe. It seems the 2-year requirement is for lawful permanent residents only (I am on a non-immigrant visa). Also, the rules are silent about immigration laws applicable for in-family immigration. Link to comment
jairichi Posted August 27, 2015 Report Share Posted August 27, 2015 Thank you for the link Joe. It seems the 2-year requirement is for lawful permanent residents only (I am on a non-immigrant visa). Also, the rules are silent about immigration laws applicable for in-family immigration. Did you read the link provided by JoeF completely? U.S. Nonimmigrant Visa HoldersA foreign-born adopted child will generally not be entitled to U.S. derivative nonimmigrant visa status. In practice, this means that U.S. nonimmigrant visa holders cannot adopt overseas and immediately bring the child back to the United States on a nonimmigrant visa of the same classification as that of the adoptive parent(s). There is an exception for an unmarried son or daughter (which would include an adopted child) of a principal nonimmigrant alien entitled to "A" (diplomatic and other foreign government officials) or "G" (foreign government representative to international organization) nonimmigrant status. Link to comment
JoeF Posted August 27, 2015 Report Share Posted August 27, 2015 Thank you for the link Joe. It seems the 2-year requirement is for lawful permanent residents only (I am on a non-immigrant visa). Also, the rules are silent about immigration laws applicable for in-family immigration.Please read the link completely.It is NOT going to work! Link to comment
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