Posted by Kim on 8/01/08

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I am curious about a technical issue with the INA (B)(1)(e)
I am in the process of adopting a child from Vietnam. The
US and Vietnam have a Memorandum of Understanding that is
going to run out on Sept 1, 2008. We have been fighting an
RFE for almost 5 months now and are getting nowhere with
USCIS. We are considering moving to Vietnam and adopting
our son and staying out of the country for the 2 years and
then apply for him to come in on a Form I-130 immediate
relative visa. My question is can the US come back and say
since the Memorandum Agreement will run out after Sept
that the adoption was not "legal" and there for child is
not eligible.(the VN government said it was ok for us to
adopt him anyway under their law). Is the fact that we
adopted him under Vietnamese law and live with him in our
custody for 2 years enough to get him back in the country.
I have asked several lawyers and gotten different answers
from all. If anyone has had any experience with this
situation I would appreciate any help or advice. We are at
our wits end and are willing to move to Vietnam for our
son but don't want to be able to NEVER return to live in
the US.
Thank you in advance for any help, Kim

Adoption Law ACT NIA 101 (B) (1) (E), 8/01/08, by Kim.

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