Sponsor biological parent by adopted

[dashne]

Hi,
I would like to inquire about the possibility of sponsoring my biological parents. I was adopted when i was 14 by my aunt who lives in Canada as both my birth parents and my aunt(adoptive parent) agreed that it would be for my best interest. My aunt-adoptive mother tried to sponsor me to come to Canada but the application was denied due to the reason that strong ties cannot be established between me and my adoptive parent. I have continued to live with my birth parents with some financial support from my adoptive parent/aunt. When I reached 25, I decided to apply for live in caregiver when I was offered to take care of my grandmother who is also in Canada. I was granted work permit and now I am already a permanent resident. I would like to be united with my biological parents and I was wondering about the possibility of sponsoring them. Please kindly shed some light on me as to what should I do. I greatly appreciate your advice.

 

[marsiangal]

I am just wondering if your Aunt got legal documentation that she adopted you and has full custody of you when you were younger? Or is it just a mutual agreement between your biological parents and her?

 

[dashne]

Yes. There are legal documents. However, custody remained with my birth parents as the application by my adoptive parent for me to come to canada to live with her was denied by cic. I never stayed/lived with my adoptive parent then.

 

[spidermark]

I would like to know what happened...
Were you successful getting your biological parents?

Thanks

 

[spidermark]

Hi Guys

Here's our situation. When my sister was younger, our parents decided to let our grandparents adopt her because they have a petition in the U.S.
Unfortunately, it wasnt not successful.

Years later she worked here in Canada and now a Citizen. She was able to get me back in 2015 and now a canadian Citizen as well. I am thinking of getting our parents but my last 3 taxation years doesn't meet the minum requirements.

Our granparents who adopted her were already deceased a long time ago. The Question is, can my sister get our parents since they are her Biological parents? Shes more financially stable than I am.

What steps will be needed to do if it is possible.

Thanks in advance!

 

[spidermark]

Your timing is excellent. Biological parents have recently been recognized as parents that can be sponsored. Your sister will have to try to get a spot like everyone else when the details of the parent and grandparent program are eventually announced. Would assume this year is likely cancelled but probably next year. She will be financially responsible for them for 20 years (except Quebec where it is currently 10 years) so the decision should not be taken lightly.

Thats great news! Thanks for the quick response Canuck78.
Where can I read more information about the new update of allowing Biological Parents to be sponsored?
I googled it and whats showing is CANNOT be sponsored still.

Link: https://filipinojournal.com/can-i-sponsor-my-step-parents-or-adoptive-parents-to-canada/

 

[scylla]

Your timing is excellent. Biological parents have recently been recognized as parents that can be sponsored. Your sister will have to try to get a spot like everyone else when the details of the parent and grandparent program are eventually announced. Would assume this year is likely cancelled but probably next year. She will be financially responsible for them for 20 years (except Quebec where it is currently 10 years) so the decision should not be taken lightly.

I missed that! When did that change?

 

[canuck78]

I missed that! When did that change?

Sorry I mispoke. Should have really reread the article before commenting. Sorry. You can try to increase your income if you wan to sponsor your parents.

https://www.theglobeandmail.com/politics/article-canada-updates-law-to-allow-non-biological-legal-parents-to-pass-on/

 

[spidermark]

Found this article online. Seems like someone has the same case in the US:

Link: https://www.philstar.com/opinion/2015/08/29/1493902/can-adopted-children-petition-biological-family-members

My question is, Do we have a different law here in CANADA? Thanks

----------------------------------------------------------------------------------------------------------------------------------------
Dear Atty. Gurfinkel:

Before I was 16 years old, I was adopted and petitioned by my aunt, and got my green card through her petition. I am now a US citizen, and would like to bring my biological mother to the US.

Is it possible to petition my biological mother?

Very truly yours,

B.N.


Dear B.N.:

When a child is adopted before their 16th birthday, and receives an immigration benefit as a result of that adoption (such as being petition and obtaining a green card), they are considered the “child” of the adoptive parents. This means, the adopted child cannot petition for his or her biological parents or siblings, and they cannot receive any immigration benefit from them.

In your case, since you obtained your green card as a result of an adoption, you could not petition your biological parent, or your biological brothers or sisters.

However, it is still possible for an adopted child to re-establish a “petitionable relationship” with their natural parents even if there was an adoption, provided, (a) the child received no immigration benefit as a result of the adoption; (b) the adoption was lawfully terminated (pursuant to a court order rescinding the adoption); and (c) the natural parents relationship has been re-established. For example, a person may have been adopted, but later obtained a green card through marriage, and not through the adoption. They could perhaps go back to court, have the adoption rescinded or terminated, at which point it could be possible to petition their biological parents.

In addition, there is a difference between a person being petitioned or obtaining a green card as an adopted child and as a stepchild. If a person obtained their green card as a stepchild (their parent married a US citizen before their 18th birthday, and the citizen stepparent petitioned them), that child could still petition his or her other natural parent.

If these situations apply to you or someone you know, you should seek the advice of a reputable immigration attorney.

 

[shakeel.azhar]

i agree