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Monday, February 16, 2015

Adopting Internationally? Immigration Issues to Consider

Adopting a child from a foreign country can be an incredible experience for both the parent and the child but it is not an easy process.  Even after the exhausting process of finding the right child, the adopting parents must work with officials from the U.S. Citizenship and Immigration Services Department in order to bring the child home to the U.S.

There are three different ways for U.S. citizens to adopt a child internationally. They are Hague, Orphan (Non-Hague) and adopting an immediate relative. The Hague process applies to children who are in countries that are a party to the Hague Intercountry Adoption Convention. The Orphan process applies to children who are in countries that are not a party to the Hague Convention.

In Hague adoptions, parents will typically choose an Adoption Service Provider that is Hague Accredited. An Adoption Service Provider will assist the parents with the adoption. Parents will next complete a home study from an authorized provider. Before adopting a child, parents need to apply to U.S. Citizenship and Immigration Services (USCIS). Once USCIS approves the application, parents will work with an Adoption Service Provider to get a placement. Once a placement is found, the parents will file a petition with USCIS, and will then adopt the child. Upon adoption, the parents will obtain an immigrant visa for the child, and will transport the child to the U.S.

Non-Hague adoptions, or Orphan adoptions, apply to foreign-born children who either don’t have any parents, or have one parent who’s unable to care for the child and signed a document to that effect. As part of the case, the USCIS will investigate to verify that particular child is an orphan before allowing the adoption. Much of the rest of the adoption is similar to a Hague adoption – the adopting parents will need a home study and a visa for the adoptive child.


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