TWO ISSUES IN CLOSE RELATIVE ADOPTIONS in 2018
TWO ISSUES IN CLOSE RELATIVE ADOPTIONS in 2018 I. Bona fides—Sham Adoption The big problem now with close relative immigration cases is that USCIS is attacking them based on the bona fides of the adoption. The typical objection is that it is not a real adoption/family formation situation but only a way to get older relatives to the U.S. to obtain a better education. You can meet all the criteria in the adoption itself for the immigration filing (Hague compliance, under the age limit, obtain two years of legal and physical custody, completed adoption), and get a denial based on the bona fides. The analogy that is made is to sham marriages or cases of marriage fraud. The Immigration cases cited deal with marriage fraud. However, unlike in marriage fraud cases, the child whose adoption is considered suspect does not automatically receive an in person interview with an officer where the relationship can be explained and tested. The decision is made based on the...