Immigration Privileges for the Biological Parents of Adopted Children

Once adoption is complete, the natural (biological) parent no longer has the status of parent of the adopted child. Thus, as a general rule, the adopted child may not confer immigration benefits on his natural parent even if the adoptive relationship has been terminated. Similarly, the natural sibling of the adopted child may not enjoy immigration benefits from the child.

However, the natural parent-child relationship may again be recognized for immigration purposes after the termination of an adoption if the following criteria are met:

  1. No immigration benefits were obtained or conferred through the adoptive relationship to the adopted child;
  2. A parent-child relationship once existed between the natural parent and child;
  3. The adoption has been lawfully terminated under applicable law; and
  4. The natural relationship has been re-established by law.
 

For other information about Adoption and Immigration, please click on one of the following topics below:

A Brief Background for Adoption
Who can be considered as a child?
What about an adopted child?
Adopted by a US Citizen
Adopted by a Permanent Resident
Adopted by an Alien with a Valid Non-immigration Visa
The Immigration Procedure for Adoption
Citizenship of the Adopted Child
Adopted Child and His Natural Parents

ORPHAN ADOPTION PROGRAM

Orphan Adoption Program and Eligibility
Advance Processing and Orphan Petitions
The Immigration Procedure for Adopted Orphans
Citizenship of the Adopted Orphan

HAGUE CONVENTION ADOPTION PROGRAM

Hague Convention Adoption and Eligibility
Differences between Hague adoptions (I-800) and orphan adoptions (I-600)

Frequently Asked Question about Adoption and Immigration

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