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Welcome Home: Using I-131F for Adoption?

The I-131F form, a cornerstone of the Biden administration's "Keeping Families Together" initiative, primarily serves as a pathway to Parole in Place (PIP) for noncitizen spouses and stepchildren of U.S. citizens. However, this versatile tool also offers a lifeline to adopted children seeking temporary legal status in the United States.

Key Considerations for Adopted Children:

  1. Legal Parent-Child Relationship: The adoption must be legally recognized by the appropriate jurisdiction. This means the adoption proceedings must have been completed according to local laws and regulations.

  2. Adoption Timing: The adoption should have occurred before the child turned 16. Additionally, the child must have resided with their adoptive parent(s) for at least two years.

  3. Parole in Place Eligibility: If an adopted child meets these criteria, they may be eligible for Parole in Place under the I-131F program. This temporary status allows them to remain in the United States while their immigration case progresses.

  4. Other Relevant Forms: While the I-131F can be a valuable tool, it's important to note that in some cases, other forms like the I-130, I-600, or I-800 might be more suitable for adopted children.

  5. Special Cases: For adoptions finalized abroad or children entering the U.S. on a different visa, additional considerations may apply. It's essential to consult with an immigration attorney to determine the most appropriate path forward.

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