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My wife and I are in the U.S. A family member lives in the Philippines and has dual citizenship. He has met a family who would like to put their baby up for adoption. He said he heard it would be easiest if he legally adopts the child as a private adoption, then brings the child to the U.S. and signs him over to my wife and I who then will adopt him. It has my wife and I very excited, but Is this possible? legal?
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Man...! The rules are really screwed up aren't they? What is wrong with this question?
This is "NOT" the path you want to take.... Entrepreneurs abound...trust me!
Certainly this would be considered misrepresentation or even trafficking. (Illegal) I completely understand the reasoning on your part (keeping it a secret) but it wouldn't work as far as US immigration is concerned. There is a two year Legal and Physical Custody that has to be met before the child is considered a "child" of the adoptive parent(s), and then after that what? The child is adopted a second time in the US? They appoint you as Guardian? (Think! Imagine or something) The Philippines has a Law that prohibits the Regional Trial Court from granting petitions specifically for the purpose of immigration.
As I stated (similar) in the previous post the only way even "remotely" possible (using the I-600 process) is to hire a very savvy lawyer that can twist the rules to get what you want. Chuck elaborates on the point that it may not work. Although ICAB passionately denies that it works with Lawyers and many have seen the door slammed in their face, there are a few that do.
If you insist on getting this child regardless of all the heartbreak warnings.. I don't like to recommend Lawyers, but the path you are trying to take you will surely need one. I suggest, you follow this link [url]http://www.philembassy.se/consulr/info/afmlo.htm[/url] and have your relative contact the DSWD office listed at the bottom. My experience has been that they are very friendly and don't whip out the Law like a weapon. They have many clients that go the I-130 route because of the rules. ICAB doesn't deal with the I-130 but have included the policy requirements through the presidents office for Aliens. (I wonder what the stats are here) Consult them honestly about your intentions so they can recommend an appropriate Lawyer for your case. If you can't find one then PM me.
Johnny
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Thanks so much for your very thorough and thoughtful response. Somehow I knew it sounded too easy to be true. Since the time of my post, we started looking into immigration issues, etc., and we realized his off-the-wall idea wouldn't work anyways. We are just starting our adoption search and we clearly have a lot to learn.We realized that our family member was just brainstorming on ideas and had no idea what he was talking about.