[jovelyn_1]

I am a Permanent Resident of the US with an "adopted" child in the Philippines. My adopted child's birth mother left her in my arms at a Church when she was weeks old and never returned. That was 1993. Since then I have worked abroad, sending money home to the Philippines to care for the needs of my "adopted" daughter Apple. Her birth record shows her last name as Lustica, my maiden surname. I told the town what happened and they created her birth record. I accurately accounted in my paperwork to become a citizen of the US that I do not have children (because I was never married and because my child was never "legally adopted").

What can I do and how can I get her in country. I never lived with her for two consecutive years and have no legal adoption papers.

Thanks

[Linny]

This seems complex, indeed! I would hate to speculate on anything at this point, especially since you have not been living with this child for two years.
One suggestion would be to seek counsel with an expert American adoption lawyer, who is well versed in international adoption law. You could check in with an attorney overseas, but this (I think) could only complicate matters more.

My thinking (and this is limited at best, okay?).....would be that you'd have to formally adopt her overseas, apply for a VISA to come into the US, and possibly have to re-adopt her once on US soil.
So, with that kind of thinking, I believe it would be in your best interest to find an attorney who is not only well versed with international adoption, but also an agency (state-side) that is familiar with P.I. adoption.

My best to you......

Sincerely,

Linny

[BrandyHagz]

You should, without a doubt, contact a very experienced Immigration attorney, but here is what I know.

Your child must meet USCIS requirements in order to come to the US after being adopted abroad. If the child does not meet USCIS requirements you must live with your child, whom you’ve adopted, for two years outside of the country before they would be eligible for a Visa to come to the US.

Non-US Citizens can not adopt internationally.

The Philippines does not allow pre-identified International Adoptions.

So, based on what you’ve posted, you would not be allowed to adopt because that would be considered an international adoption, of which you would not be able to do, because you are not a US Citizen. Additionally, The Philippines doesn’t permit pre-identified International Adoptions, so even if you were to wait until citizenship were secured, they wouldn’t permit you to move forward with the adoption, as all IA’s must go through the referral process.

Again, I urge you to contact an experienced Immigration Attorney and discuss the matter at length with him or her.