Can an adopted Chinese child by Canadian parents apply for an F-2 visa? 2 Answers as of November 09, 2010

Before my wife and I became Canadian, we adopted one child 3 years old in a welfare institute in China in 2007. We have been living with her since adoption in China, and we are in the process of applying for a Canada immigration visa for the kid. Now I will go to the US to take MBA courses for two years. Can I apply for the F-2 visa for my adopted daughter? When is the right time to apply, before my departure or after? Thank you very much for your help.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The important thing to know in your situation is that your child's adoption also enables you to take the child with you as your adopted child under Chinese law, and that you can document that. I would not attempt to wait for after you leave to apply for F-2 status, unless your ability to start your MBA program under your F-1 visa is jeopardized by a delay in enrolling and registering with the university. I assume you have included your wife on the F-2 portion of your visa application, certainly include your child, if you're authorized, as I said to depart the country. If you have other questions, e-mail me, and I'll arrange a consultation with you via Skype phone.
Answer Applies to: California
Replied: 11/9/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You can apply for F-2 visa for your adopted daughter. The right time to apply would be right before her entry into the United States. It does not matter whether you will be departing Canada with her or before her. Contact my office to get all of the necessary documentation and paperwork for your adopted daughters F-2 visa. We charge very reasonably.
Answer Applies to: California
Replied: 11/1/2010
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