请读下面的规定。可不可以这样理解:假如我有一个孩子,18岁,今年由美国朋友收养。明年可以通过养父母办身份?
Who is an Adopted Child Under the Immediate Relative Process?
Under this process, an adopted child is considered, for immigration purposes, to be the child (or adult son or daughter) of the adopting parent if:
- The parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances as described below). You submit evidence of a full and final adoption
AND - The parent had legal and physical custody of the child for at least two years while the child was a minor
- The legal custody must have been the result of a formal grant of custody from a court or other governmental entity
- The custody and residence requirement may be met by custody and residence that preceded the adoption
- The two years custody and residence requirements are waived for certain abused children
A child is still considered to be an adopted child if they were adopted after his or her 16th birthday but before his or her 18th birthday, and:
- The child is the birth sibling of another child who was adopted by the same parent(s) before the other child’s 16th birthday and immigrated through the Immediate Relative Process
OR - The child is the birth sibling of another child who was adopted by the same parent(s) before the other child’s 16th birthday and who immigrated as an orphan based on an adoption by the same parent(s)
Who Can Petition Under this Process for a Relative by Adoption?
- A U.S. citizen
- A permanent resident (green card holder)
U.S. Citizens May File a Petition for an Adopted:
- Child (unmarried and under the age of 21)
- Unmarried son or daughter over the age of 21
- Married son or daughter
For additional information on filing a petition on behalf of an immediate relative go to the Green Card page.
A Permanent Resident May File a Petition for an Adopted:
- Child (unmarried and under the age of 21)
- Unmarried son or daughter over the age of 21