Success Story: I-130 for adopted children

Success Story: I-130 for adopted children

Our client, a US Citizen (petitioner), came to us after his prior adjustment of status case was denied for his adopted son (minor child beneficiary), who was, in fact, his biological grandson. 

The beneficiary sadly witnessed his parents pass away in a car accident in Mexico. Shortly after, the beneficiary attempted an advance parole permit to enter the US for his parents’ burial. His grandfather then decided to adopt him. 

Therefore, adoption proceedings in family court ensued. Once the adoption process was complete, he attempted to immigrate his grandson (now his legal adopted son). USCIS denied the case because the beneficiary had not proven two years of physical and legal custody living with the petitioner.

Two years passed, and he came to our office. We first filed the I-130, which remained pending for years. We received a detailed Request for Evidence (RFE) from USCIS requesting proof that the Central Authority (COO) in Mexico did not oppose the adoption and an amended adoption order from the family court incorporating by reference this finding. 

After extensive research and contact with the Mexican COO in Mexico City, Mexico, we obtained the requested proof and, with the assistance of our co-counsel, filed an amended adoption order in family court. We responded to USCIS’ RFE and promptly received approval.

We then immediately filed the adjustment of status application, showing proof of lawful entry by the beneficiary and the approved I-130. The officer approved our client’s case at the interview.

It has been a very long and challenging journey for our clients, but we are happy for them. If you are inside the US and are filing an I-130 for an adopted child, we can help; contact us at Kannan Law.