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How does an adopted child achieve joint residence?

On Behalf of | May 6, 2023 | Family Immigration |

Some permanent residents in the U.S. have adopted children who live overseas, but now want to bring them to this country to make a life here. If this situation describes you, then you should understand how to successfully complete the steps to make your dream happen.

According to the U.S. Department of State, you as a lawful permanent resident can bring your adopted child to the U.S. under the Immigration and Nationality Act. However, the INA requires that your child jointly reside with you for no less than two years.

How to fulfill joint residence

Basically, joint residence means that you exert main parental control over your adopted son or daughter. However, the INA does not require that the residence be continuous.

There may be times when you and your child must be apart. Once you and your child reunite, your time of residence can continue. In time, you can accumulate two years of residence.

What does not qualify as joint residence

Keep in mind that joint residence means you make the primary parental decisions. So you probably cannot claim residence if you are only visiting your child and if someone else has control over your loved one.

Additionally, legal custody is not the same as residence. While you may have custody, you must still take active charge of your adopted child. Also, keep in mind that having legal custody of your child going back at least two years is also a requirement under the INA.

If you are able to complete these steps, you may submit an immigrant visa petition on behalf of your adopted child. These actions could fulfill your wishes for your family in the United States.


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