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Planning to apply L1 visa with an adopted child in India

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  • Planning to apply L1 visa with an adopted child in India

    I am currently residing in India and an Indian citizen. Me and wife adopted a baby through Indian adoption agency (CARA ) on oct 1,2020 . My employer is willing to file L1A visa for me. I came across this link
    https://travel.state.gov/content/tra...ing-in-us.html
    Here are my questions.
    1. Should I still stay for 1 year before I am eligible to apply for dependent visa for my child ? Provided me or my wife complete 2 year of single parent residency .
    2. What kind of form do I need to submit to get USCIS approval before I can apply dependent visa for my child.

  • #2
    Hi Member,
    Here is my response.
    1. Should I still stay for 1 year before I am eligible to apply for dependent visa for my child ? Provided me or my wife complete 2 year of single parent residency .
    Answer: As per DOS, been adopted while under the age of 16 (or 18 if the sibling exception applies), 2) been in the legal custody of the adoptive parent for at least two years, and 3) jointly resided with the adoptive parent for at least two years.
    In this case, I think you will need to wait for some more days before move forward. And also, here mentioned as parent and jointly residing. Per this word, you both will need to be with child for two years.
    2. What kind of form do I need to submit to get USCIS approval before I can apply dependent visa for my child.
    Answer: In these matters, you will surely need Immigration Attorney help for proceed ahead.
    Kindly have a discussion with Immigration Attorney with accurate Information for better result.
    Thanks

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    • #3
      rkk09 - Thank you for the prompt response. Even I was thinking about jointly resided with adoptive parent - Since parent seems to be singular, I was thinking that one parent should be enough. Do you think an immigration lawyer should be able to clarify ?

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