English Spanish
Menu
Search

Adoption or Orphan Status

Adoption or Orphan Status

Many U.S. couples adopt children abroad. Immigration considerations should be a very important consideration in the adoption process.

What are the requirements for obtaining permanent residence for adopted foreign orphans?

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:

  • The child’s country of origin must permit adoptions by foreign nationals, and the prospective U.S. citizen parents must comply with all of the rules of that country relating to adoptions;
  • The child to be adopted must be under 16 years old at the time the petition to classify the child as an immediate relative is filed. If the child is adopted along with a sibling, then one of the siblings must be under 16 and the other siblings must be under 18 at the time the petition is filed;
  • The child must have no surviving parent, or demonstrate that the parents have disappeared, abandoned or deserted the child, or, in the case of a sole surviving parent, must demonstrate that the sole surviving parent cannot care for the child and has authorized the child’s adoption and immigration; and
  • The adoptive parent must be a U.S. citizen, although in the case of a married couple, who must make a joint petition, only one needs to be a U.S. citizen. Single adoptive parents must be at least 25 years of age.

What if the child is adopted in the United States?

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:

  • The parent, or a person or organization acting on the parent’s behalf, must have legal custody of the child under the laws of the child’s home country;
  • The parent must obtain an irrevocable release for adoption and immigration from the person or entity that last had legal custody of the child;
  • The parent must comply with all preadoption requirements of the state in which they will live with the adoptive child; and
  • The state in which the adoptive parent and child will live must allow a readoption or else provide for judicial recognition of a foreign adoption that was invalid for immigration purposes.

What is included in the home study requirement?

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.

GET IN TOUCH

Complete the form to schedule a consultation.

Schedule An
Appointment Online

Powered by NUVEW Web Solutions
Author
We Are Open For Business

Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.

We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support.  Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times.  We will hold telephonic or video meetings rather than in-person meetings.  These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.

We remain committed to delivering outstanding client services.  We do have one important request – please do not come into the office in person for your health and safety and that of our employees.  Please mail or email all documents to our office.  Also, you can make any required payments online at https://vpspay.com/p/3 or make them over the phone by calling 303-297-9171 or by mail.  Please stay healthy!

Call Now Button