Many U.S. couples adopt children abroad. Immigration considerations should be a very important consideration in the adoption process. An orphan is a child who is orphaned by the death, disappearance of, abandonment or desertion by, or separation or loss from, both parents, or if the sole surviving parent is incapable of providing the child with proper care and irrevocably relinquishes custody of the child for emigration and adoption. To immigrate an adopted foreign orphan the following requirements must be met:
If the child was not adopted abroad, or if the foreign adoption was invalid, the child must be adopted in the U.S. For this to occur, the following requirements must be met:
Before an adopted child can immigrate, the adoptive parents and any other adults that will be living with the adopted child must be evaluated through a home study conducted by a USCIS authorized organization. The home study must be submitted to USCIS while it is less than six months old.
The State Department website provides helpful information on foreign adoptions at http://travel.state.gov/adopt.html.
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