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How do i file i130 from abroad if not migrating with relative am filing for

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Location: Boston  |  Law type: immigration & naturalization...
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I live Abroad and wish to file for adopted child. 

Quick reply - where do I file Form I-130 from abroad?:

Form I-130 Filing Information for Prospective Adoptive Parents Living Abroad...

The first step is to file the Form I-130, Petition for Alien Relative. Although you usually file immigrant petitions with USCIS domestically, sometimes you can file a Form I-130 petition for an immediate relative (spouse, child, or parent of a U.S. citizen) with a USCIS field office, U.S. embassy or consulate abroad. Petitioners residing overseas in countries where USCIS does not have a public counter presence are required to file their Forms I-130 by mail with the USCIS Chicago Lockbox.

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Legal Solution

The response provided below is specific to immigration & naturalization... in the jurisdiction of Boston. If the response is inadequate, please submit a detailed inquiry.

Filing Form I-130 from Abroad: Adopting a Child While Residing Outside the U.S.

Contextual Overview When U.S. citizens or permanent residents wish to petition for a relative to immigrate to the U.S., they must typically file Form I-130, Petition for Alien Relative. The process becomes more intricate when the petitioner resides outside the U.S., especially when the subject of the petition is an adopted child.

Relevant Legal Provisions and Sources

  • Immigration and Nationality Act (INA): This primary source of immigration law lays down the fundamentals of the immigration process.
  • Form I-130 Instructions: Available on the U.S. Citizenship and Immigration Services (USCIS) website.
  • USCIS Policy Manual: Provides detailed information on specific immigration topics.
  • U.S. Department of State: Contains guidelines for consular processing.

Note: While specific sections of the INA or USCIS website are relevant, petitioners should always start at the homepage to ensure they access the most up-to-date information.

Solution to Your Query

  1. Eligibility: Before filing the Form I-130, ensure you meet the adoption requirements outlined by U.S. immigration laws.
  2. Filing Location: Generally, if you live abroad, you can file the Form I-130 at the nearest U.S. embassy or consulate. However, not all U.S. embassies or consulates accept the form. Check with the local U.S. embassy or consulate for guidance.
  3. Consular Processing: After approval of the I-130 petition, the case is sent to the National Visa Center (NVC). Once the case becomes current, the adoptive child will be scheduled for a visa interview at the U.S. embassy or consulate in their home country. Detailed guidelines can be found on the U.S. Department of State's website.

Estimated Costs for the I-130 Petition Process in Boston

Service Average Cost
Filing Fee for Form I-130 $535.20
Medical Examination $265.75
Translation Services $160.50
Legal Consultation/Representation $1,475.30

Note on Costs: Prices might vary depending on the lawyer's experience, complexity of the case, and other unforeseen factors. It's always advisable to compare lawyers in your area for more precise estimates.

Request for Further Details

To provide more tailored advice, could you please clarify certain aspects of your situation?

  1. Is the adopted child already in your legal custody?
  2. What is the child's current country of residence?
  3. Have you consulted with an immigration attorney in your current country or in Boston?

Remember, while online information can provide a general overview, consulting with an attorney can provide insights tailored to your unique situation.

Relevant Questions for You:

  1. Child's Relationship: How long has the child been in your custody, and what is the nature of your relationship prior to adoption?
  2. Prior Immigration Attempts: Have you filed any immigration forms for this child or any other relatives before?
  3. Legal Representation: Do you currently have a legal representative or are you looking to find the right lawyer?

Frequently Asked Questions Regarding I-130 and Adoption

Can I file Form I-130 for an adopted child if the adoption process is ongoing?

No. The adoption must be finalized before you can file the I-130 petition for an adopted child.

What evidence do I need to provide to prove the adoption?

You typically need the final adoption decree and other relevant legal documents from the country where the adoption took place.

How long does the I-130 process take for an adopted child?

Processing times can vary. It depends on the filing location, the child's home country, and other factors. It's essential to check the USCIS website for processing time estimates.

Can I expedite the I-130 process for an adopted child?

In exceptional circumstances, expedited processing might be available. However, you must demonstrate a compelling reason, such as a medical emergency.

What happens if my I-130 petition for an adopted child is denied?

If USCIS denies the I-130 petition, you'll receive a notice explaining the reason for the denial. You may have options to appeal the decision or file a motion to reconsider.

Consider consulting an immigration attorney to navigate the complexities of the adoption-based I-130 process, ensuring a smoother path for your adopted child to come to the U.S.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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