San Diego Adoptions Green Card LawyerUnited States citizens who desire to adopt a child from another country must understand the legal process not only in the United States but also in the country of which the child is a current citizen.
Immigration adoption is also referred to as “intercountry adoption.” It is the adoption by parents living in one country of a child who was born and lives in another country. The U.S. Citizenship and Immigration Service (“USCIS”) is a key player in the adoption process for intercountry adoptions.
Under U.S. immigration law, there are two processes or methods whereby children adopted by U.S. citizens may immigrate via intercountry adoption, as long as they meet the necessary requirements.
The child may first immigrate to the United States and complete the adoption process here, or a child may immediately immigrate after the adoption process has been completed in their country.
Typically, intercountry adoption or immigration adoption may be accomplished by one of two processes. These two processes are The Hague Process and the Orphan Process. Both processes have requirements with similar aspects.
To qualify for The Hague Process, a child must reside in a country that is part of The Hague Intercountry Adoption Convention. This Convention is an international treaty providing safeguards to protect the interests of children, their birth parents, and their adoptive parents during intercountry adoptions.
Under this Convention, there must be an officially designated Central Authority to safeguard the adoption process. The Central Authority in the U.S. is the Department of State (“DOS”).
The Adoption Service Provider (“ASP”) must be authorized and/or accredited to provide the necessary services to assist prospective adoptive parent(s) during a Hague adoption. The ASP cannot provide either legal advice or services or represent prospective adoptive parent(s) before the USCIS.
In order to establish suitability and eligibility, prospective adoptive parents must file Form I-800A with the USCIS. If approved, Form I-800 must be submitted to determine the child’s eligibility under the Hague Convention before adopting or getting legal custody.
Before filing Form I-800A with the USCIS, you must meet the following qualifications:
After the USCIS approves Form I-800A, you may then apply to the other country’s Central Authority for a specific adoption placement. Before the actual adoption, Form I-800 must be filed on behalf of the child you wish to adopt. In order to be classified as a Hague Convention Adoptee, the following criteria must be met by the child:
After the USCIS provisionally approves Form I-800, you may apply for the child’s visa and complete the adoption or obtain custody to bring them to the U.S. for adoption, once the Department of States advises that you may do so.
An adoption cannot take place without filing Form I-800A and Form I-800 as it will contradict The Hague Convention agreement.
When The Hague Intercountry Adoption Convention doesn’t apply, you can use this process. Under this process the following requirements must be met:
OR
An orphan petition must be filed before the child’s 16th birthday or before their 18th birthday if they are a birth sibling of another child you have adopted or will be adopting, as follows:
OR
As part of the Orphan Process, the USCIS or DOS will investigate to confirm the child is an orphan, verify you obtained a valid adoption, the child is free of illness or disability, determine any special needs the child may have, and determine if there are any facts disqualifying the child from being adopted.
If you already have a child you want to adopt, you may file Form I-600, which is “Petition to Classify an Orphan as an Immediate Relative.”
Submit your home study with your Form I-600 and any other relevant evidence that you are suitable as an adoptive parent. Submit evidence that the child is an orphan and that you have adopted or intend to adopt the child.
Once the adoption has been approved, a visa for your child must be applied for. A DOS officer must decide if your child is “inadmissible” for medical reasons, certain diseases, lack of required vaccinations, etc. If found inadmissible, an “Application for Waiver of Ground of Inadmissibility,” Form I-601, may be filed.
Adoption can be a long and complicated process. An immigration attorney such as Sevens Immigration can assist you to ensure every step has been completed properly for your adoption.
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Superior Immigration Lawyers
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San Diego, CA 92110
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Chula Vista, Ca. 91910
Phone: (760) 292-2600
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