Immigration Lawyers Helping Families Through the Adoption Process

Are you one of the many prospective parents looking to bring an adopted child into your family home? There is no shortage of compassionate American adults who would love to welcome an adoptive child into their lives to provide them with the love and care that they deserve. Many prospective adoptive parents have begun to look overseas, considering international adoption as their most assured option for bringing a young one into their homes. However, as many come to know firsthand, the international adoption process can be exceedingly difficult and complex. It is highly advisable that all prospective parents consider working with attorneys experienced in immigration law for assistance with their intercountry adoption.

It can be easy to give in to despair and want to tear the hair from your head because of how challenging these matters can be on your own. Remember, you’re not just dealing with the many laws set forth by the United States Citizenship and Immigration Services (USCIS) but also the laws of the child’s home country. Though you are adopting a child, you are also adopting a foreign citizen, and many steps and requirements must be met to see the effort through to a satisfactory outcome.

You do not have to go through the complicated intercountry adoption process alone, though. At Elizabeth Rosario Law, PLC., our legal team has years of experience helping clients through the many difficulties of immigration law. To speak with a compassionate immigration attorney about your case, please contact our law firm to schedule your initial consultation.

What Are the Rules for Foreign Adoptions in the United States?

Prospective parents must meet the international adoption requirements laid out by both the U.S. and the child’s foreign country.

Requirements for U.S. citizens looking to adopt a foreign child include:

• Complete a Hague adoption home study with a favorable rating.
• Complete all the required forms, including the orphan petition (Form I-600).
• Obtaining the necessary immigrant visa from the USCIS.
• Providing proof of the marriage between the two parents; OR, if single, providing proof that the prospective parent is at least 25 years old.

Form I-600 states that the adoptive child’s parents have either died or disappeared — or, if the birth parents are still alive and present, that they consent to the child’s adoption and immigration.

What is the International Adoption Process?

There are two different types of adoption in the USA, domestic and foreign adoption, and neither is a short, simple process. However, it must be said that foreign adoptions tend to be more difficult if for no other reason than they introduce the extra steps of immigration law into the mix. In intercountry adoptions, prospective parents must abide by the rules and guidelines set forth by the USCIS, adoption service providers in their home state, and the designated agencies of the foreign nation.

Generally, adoptive parents must follow these steps:

• Filing the necessary documents and forms with the USCIS.
• Complete a background check.
• Deciding on what country or countries they would like to consider adopting a child from. In recent years, the majority of foreign adoptive children come from China, Columbia, India, Nigeria, South Korea, Ukraine, and select other countries.
• Locate the child they wish to adopt, then adopt that child while abiding by the laws of the child’s home country.
• Filing the appropriate immediate relative petition.

There are three different ‘pathways’ to foreign adoption: Hague Adoption Convention adoptions, the orphan process (Non-Hague Process) adoptions, and petitions for alien relatives.

What is the Hague Process?

Hague Convention adoptions must abide by an international treaty that provides crucial safeguards to protect the interests of the children, the adoptive parents, and the birth parents in the home country. In most cases of international adoption, U.S. citizens must follow the rules laid out by the Hague Convention process. The U.S. is one of more than a hundred countries that have signed onto the Hague Adoption Convention.

How to Adopt a Child via the Non-Hague Process?

Non-convention adoptions are for international adoptions involving countries that have not signed onto the Hague Convention. This is sometimes referred to as the ‘Orphan Process’ and involves satisfactorily proving that the child is an orphan. The child must not have a sole or surviving parent. In third-world countries with poor record keeping, this can lead to challenges when it comes to defining a child as a legitimate orphan.

Can You Adopt a Child via an Alien Relative Petition?

You may file an immediate relative petition in cases where you have physical custody of the foreign child for at least two years prior to the visa application process. In order to be successful in bringing your adopted child to America to live with you, the adoption must be finalized before filing Form I-130. Additionally, this particular adoption process must be completed prior to the child’s 16th birthday — the only exception being if the son or daughter is adopted with their sibling, in which case it must be before their 18th birthday.

Contact Us to Schedule an In-Depth Case Evaluation with an Experienced Adoption Visa Lawyer Today

When adopting a child, whether at home or abroad, the checklist of things to do and requirements to meet is seemingly endless. It can be natural to feel a little overwhelmed. But remember what you’re doing this for. You’re going to bring a child into your family, providing a home for them and enriching your heart in the process. This is a beautiful act. And we would be so proud to provide legal assistance during this amazing time in your life.

To speak with an immigration attorney at our firm, please call us at 616-530-0101.