[Quen2US]

We were recently denied our petition to adopt a 3 year old foreign child, because that child was not in our legal custody for a full 2 years prior to the petition. I have a few questions.

1. Is this a standard?

2. Can we repetition at any point in time, or is there a time limit?

3. Are there any informational links available, or good lawyer links?

[skootinalong2]

Are you currently foster parents of this child? Is he legally freed for adoption? You haven't given enough information for you questions to be answered.

[Quen2US]

We are his legal parents in his country, but not his foster parents, he currently lives with a nanny over there, a nanny we support to provide and care for him until he can come here. We went through the court system there and legally adopted him, with the birth mothers consent and support (The father is long gone). We then sent in a petition to Homeland security (INS) to bring him to America, with pictures and supporting documents. It has been twelve months since we were given legal custody by the courts, but we were denied the petition.

I just wanted to know what our next best step is. The country of Origin is the philippines.

TIA

[skootinalong2]

I have never heard of such a thing. I would contact a lawyer (maybe and immagration lawyer) and find out what you should do. If he is legally yours, I do not understand the problem.

[Lexie]

Does the child qualify as a legal " orphan". As I understand it, in order to adopt a non-US child, the child needs to be an orphan under the INS definition. If not, I think the 2 year rule would apply. You should definitely contact a lawyer to see if there is anything that can be done--

Good luck--
Lexie