May be allowed by U.S. citizens for children who have resided for more than 2 years with the adopting parent (s) provided the child is under 16 or in the case of siblings, not over 18 by the time the two period has elapsed. The petition may be filed after the 16 th or 18 th birthday as applicable.
Adoption of an orphan: the child must meets the legal definition of an orphan, the petition may be made only prior to the orphan's 16 th birthday or the 18 th birthday if there are siblings, even if the adoption takes place subsequent to the petition and even if the child does not come to the U.S. before the adoption. The U.S. itself does not have jurisdiction over foreign adoptions and even if the adoption has lawfully occurred in a foreign country, U.S. Immigration laws must still be complied with. Orphans may be adopted over the age of 16, or over the age of 18 for siblings provided that before the 16 th or 18 th birthdays for siblings, the petitions are filed with the USCIS.
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