Chapter 4 - Documentation and Evidence

A. Filing

The petitioner must file the Petition for Alien Relative (Form I-130) with the proper fee, in accordance with the applicable form instructions.^[1]

Adam Walsh Child Protection and Safety Act of 2006 (Adam Walsh Act)

A petitioner who has been convicted of a specified offense against a minor is prohibited from filing a family-based petition^[2] on behalf of any family-based beneficiary.^[3]

B. Required Evidence

The petitioner must submit all required evidence^[4] in accordance with the form instructions.^[5]

The officer must carefully evaluate the evidence and adoption order to determine eligibility. The officer should be aware that evidence regarding an adopted child’s birth and parentage may vary with the circumstances and the jurisdiction. For example, some jurisdictions annotate birth certificates issued for adopted children to indicate the adoption, while others do not. Officers should consult on questions of foreign and state laws through appropriate USCIS channels, including with USCIS counsel.

Footnotes

[^ 1] For current information about filing locations, fees, and other information about how to file, see instructions for Petition for Alien Relative (Form I-130). See 8 CFR 103.2.

[^ 2] This includes the Petition for Alien Relative (Form I-130).

[^ 3] See Adam Walsh Act, Pub. L. 109-248 (PDF) (July 27, 2006). See INA 204(a)(1)(A)(i). See INA 204(a)(1)(B)(i). See INA 101(a)(15)(K). See Volume 6, Immigrants, Part C, Adam Walsh Act [6 USCIS-PM C].

[^ 4] See 8 CFR 103.2. See 8 CFR 204.2(d)(2)(vii) for information regarding primary evidence for an adopted child or son or daughter. See Matter of Cuello (PDF), 20 I&N Dec. 94 (BIA 1989) and Matter of Marquez (PDF), 20 I&N Dec. 160 (BIA 1990). See 8 CFR 204.1(g) for evidence to establish the petitioner’s status as a U.S. citizen or lawful permanent resident.

[^ 5] See form instructions for Petition for Alien Relative (Form I-130).