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Immigration Through Adoption

When an individual or couple wishes to adopt a child from another country, the process is called “immigration through adoption,” or an “intercountry adoption.” This refers to the adopting of a child who is born in another country than their adoptive parent or parents.

If you are interested in adopting a child from another country, then U.S. Citizenship and Immigration Services (USCIS) will play a key role in that process.

Under U.S. immigration law, there are three different processes by which a child may immigrate based on an intercountry adoption. An infant or child may immigrate under one of these provisions providing his or her individual adoption meets all of the requirements of that specific adoption process.

Children Adopted By U.S. Citizens

There are two separate process that only apply to children that are adopted by U.S. citizens. Under these processes, a child may immigrate immediately following the adoption, or they may immigrate to the U.S. so they can be adopted in the country.

The two processes include:

  • The Hague Process: this applies if the child lives in a country that is a member of the Hague Intercountry Adoption Convention.
  • The Orphan Process: when the Hague Intercountry Adoption Convention is not applicable.

Many of the requirements in the Hague and Orphan processes are similar. To learn more about each of these adoption processes, contact an immigration attorney from our firm.

There is a third process which applies to permanent residents or U.S. citizens; under this process, they may petition for their adoptive child through an Immediate Relative Petition.

Before You Begin

Before you start the overseas adoption, you should become familiar with each adoption process as there are important differences between them.

While an adoption agency will be able to help you arrange the adoption, they cannot represent you before the USCIS, nor can they advise you on the legal aspects of your child’s immigration to the U.S.

To learn more about adoptions through immigration, contact a Plano immigration lawyer from The Zendeh Del Law Firm.

Categories: Adoption, Immigration