Immigration and Adoption

Adopting Children from Foreign Countries

Do you wonder how celebrities get their foreign adopted children legal status in the U.S.? USCIS plays a key role in the intercountry adoption process. U.S. immigration law provides several different processes through which someone may immigrate on the basis of an intercountry adoption. An individual may immigrate under one of these provisions only if the individual’s adoption meets all the requirements of that specific process. Two separate processes apply only to children adopted by U.S. citizens. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.

The Hague Process:  This process applies if the child is a resident in a country that is a party to the Hague Intercountry Adoption Convention.

1. First the person adopting must choose a Hague Accredited ASP.
2. Obtain a home study from someone authorized to complete a Hague adoption home study.
3. Apply to USCIS before adopting a child or accepting a placement for a determination that one is suitable for intercountry adoption.
4. Once USCIS approves the application, work with the adoption service provider to obtain a proposed adoption placement.
5. File a “petition” with USCIS, before adopting the child, to have the child to be found eligible to immigrate to the U.S. based on the proposed adoption.
6. Adopt the child, or obtain custody of the child in order to adopt the child in the U.S..
7. Obtain an immigrant visa for the child.
8. Bring the child to the U.S. for admission with the visa.

 

The Orphan Process:

• If you are a married U.S. citizen, your spouse must file the immigration petition with you and adopt the child too. If you are not married, you must be at least 25 years old when you file the petition.
• You must establish that the child whom you have adopted or plan to adopt is an “orphan” as defined in U.S. immigration law. Under U.S. immigration law, an orphan is a foreign-born child who: 1) does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. OR 2) Has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption.
• You must establish that either: You (and your spouse, if married) have adopted the child abroad, and that each of you saw the child in person before or during the adoption proceeding; OR You will adopt the child in the U.S. after the child arrives in the U.S.

You must file an orphan petition before the child’s 16th birthday. The adoption process alone can be very difficult, but when it involves a foreign child it becomes even more complicated. That’s why it’s important to obtain legal counsel to help you through the process. 

If you have questions on adoption or Texas family law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

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