US Immigration for Adopted Children
Adopting a child is a life-changing event that brings joy and fulfillment to families across the world. However, for families adopting a child from abroad and seeking to bring them to the United States, the immigration process can be complex and daunting. Understanding the eligibility requirements, documentation, and legal process involved in obtaining a visa for your adopted child is crucial to ensuring a smooth transition and a successful adoption. In this article, we will provide a comprehensive overview of the US immigration process for adopted children, including the types of adoptions that qualify, the requirements and documentation needed, and tips for navigating potential challenges along the way.
The Hague Convention
The Hague Convention is an international agreement that took place on May 29, 1993, in The Hague, the Netherlands. It established international standards and precautions for intercountry adoptions to ensure that each adoption is in the best interest of the child. The U.S. signed the agreement in 1994, but it didn’t go into full force until April 1, 2008. The Hague Convention aspires to prevent the abduction and trafficking of children and establishes the Central Authority as the authoritative source of information as well as the point of contact of that country. The Central Authority also allows adoptions to occur in other countries when proper effort is made to adopt the child in the child’s birth country. The Department of State is the Central Authority in the U.S.
Adoptions Under the Hague Convention Process
If the child is a citizen of a country that is a signatory to the Hague convention, there are only two possible ways to bring the child to the United States. When the child is unknown or an accredited adoption agency abroad has taken responsibility for the child, you would need to use the I-800 and I-800A process. This process is generally for US citizens over the age of 25 who are seeking to initiate the adoption process and have not already been matched with a child. In very rare instances, if the child is an orphan who is being fostered through an accredited adoption agency, this process could also apply. The US citizen parent must be habitually resident in the United States, and the child must be habitually residing in the country you are adopting from unless a statement of habitual residence is obtained. The US citizen parent, if married, must be married to either a US citizen or Lawful Permanent Resident.
First, the adopting parents must choose a Hague Accredited Adoption Service Provider (ASP), obtain a home study from someone authorized to complete a Hague adoption home study, and file Form I-800A with USCIS. The I-800A is used before adopting a child or accepting a placement for a determination that one is suitable for intercountry adoption. Once the I-800A is approved, the adopting parents will work with the ASP to obtain a proposed adoption placement. Once a child has been “placed,” then the adopting parents would file Form I-800, before completing the final adoption, to have the child to be found eligible to immigrate to the United States based on the proposed adoption. Once the I-800 is approved, the adopting parents, depending on the child’s country of origin, will either complete the adoption abroad or obtain legal custody of the child to bring the child to the U.S. to complete the adoption. Thereafter, the adopting parents would obtain the immigrant visa for the child and bring the child to the U.S. for admission.
When the child is already known to the adopting parents or is not being fostered by the parents through an accredited adoption agency, and the child is a habitual resident of a Hague country, the only other way to bring the adopted child to the U.S. is through the I-130 Petition and Consular Process. To qualify for this process, the child must be adopted before the child’s 16th birthday and must reside in the legal and physical custody of the adoptive parents for at least 2 years. If the adoption is completed abroad in the child’s country of habitual residence, the adoptive parents must also show that they are habitual residents of that same country.
However, if the child is already in the U.S. when the adoption occurs, things can get a little tricky. When completing an adoption in the U.S. from another Hague convention country, a statement regarding the child’s habitual residence must be requested from the central authority of that country. USCIS now requires that the U.S. adoption order include a finding that the central authority has provided a statement of habitual residence, the central authority was contacted but did not respond to the request for 120 days, or the central authority responded that they do not provide such statements regarding habitual residency. Proof of this communication to the central authority must also be included along with the I-130 petition as well as evidence that the child was not brought to the U.S. for the purpose of being adopted and circumventing the Hague convention procedures. Additionally, if the central authority responds and says the child is a habitual resident of their country and they do not give permission for the adoption to occur, the U.S. adoption will not qualify and the child will not be able to obtain lawful status in the United States under this basis.
What if the Child Is Not From a Hague Convention Country?
If the child is from a country that is not a signatory of the Hague convention, the child may qualify to immigrate to the United States if he or she is an orphan. An orphan is a child who does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents, or a child that has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign country and who has, in writing, irrevocably released the child for emigration and adoption. Simply giving up a child for adoption or not wanting to care for the child is not sufficient to determine that a child is an orphan.
If the child is from a country that is not a signatory of the Hague Convention, the child may qualify to immigrate to the United States if they are an orphan. An orphan is a child who does not have any parents due to death, disappearance, abandonment, desertion, separation, loss from both parents, or a child who has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign country and who has, in writing, irrevocably released the child for emigration and adoption. Simply giving up a child for adoption or not wanting to care for the child is not sufficient to determine that a child is an orphan.
If the child meets the definition of an orphan and is already identified, you may file Form I-600 to classify the orphan as an immediate relative. The U.S. citizen would obtain a home study and submit it with Form I-600 along with other required evidence of adoption or intent to adopt the child. If the child has not been identified, you would begin the process by filing Form I-600A along with the home study, and once that is approved, you would file the I-600 once the adoption is finalized or you have legal custody of the child. Then you would proceed with the consular processing for an immigrant visa.
If the child does not meet the definition of an orphan, the only route would be to file the I-130 petition once you have completed the adoption of the child and have had 2 years of physical and legal custody of the child. Depending on where the child is located, you would then proceed with consular processing or file for an adjustment of status, either concurrently or when the I-130 has been approved.
Experienced Immigration Law Firm for International Adoption
Successfully navigating the US immigration process for your adopted child is a complex and challenging process that requires careful attention to detail and knowledge of the legal system. As a result, it’s crucial to choose an experienced immigration law firm that specializes in adoption cases and has a proven track record of success. At Quan Law Group, we have years of experience helping families bring their adopted children to the United States, and we are dedicated to providing comprehensive and personalized support throughout every step of the process. From determining eligibility to gathering documentation and submitting applications, we’ll work tirelessly to ensure a successful outcome for you and your family. Contact us today to learn more about how we can help you navigate the US immigration process for your adopted child.
Blog post by: Lauren M. Rouhana | Senior Immigration Attorney Quan Law Group