Immigration Through Adoption Basics
If you want to adopt a child born in another country and naturalize him or her as a U.S. Citizen, that’s called “Intercountry Adoption” and is allowed in many cases. You will be directly working with the USCIS (United States Citizen and Immigration Service) in this instance.
There are three processes for Intercountry Adoption. If you’re and your spouse are U.S. Citizens or permanent residents, you can adopt via the Hague Process, the Orphan Process, and the Immediate Relative Process. If you have never heard of these, you may be interested in hiring an immigration lawyer to go over the laws. This post will be a brief guide.
The Hague Process
In this form of immigration through adoption, the child originates from a country that is a party to the Hague Intercountry Adoption Convention. What does that mean? It means the country follows worldwide laws on adoption. If the child came from a country outside of this, the laws in immigration would be different. It first came into use in 2008, and is commonly used in most countries. If the country has a Hague recognized office for protecting children, as the U.S. has the Department of State, the world laws apply. As with any of these adoption options, you will need the services of an immigration attorney in order to make sure you follow the Hague laws, including U.S. Laws on adoption as governed by the USCIS.
The Orphan Process
This process is used when The Hague Intercountry Adoption Convention laws do not apply. There are many instances where you can adopt the child via the Orphan Process. You need to be a U.S. Citizen, be able to prove that the child is an orphan, and can prove you are able to take care of this child. In order to be classified as an orphan, the child must have either lost through death or separation his or her parents, or only has one parent who cannot effectively raise him or her.
The Immediate Relative Process
This third and final process occurs when the child has been adopted before is or her 16th birthday, the parent has had custody of the child for a minimum of 2 years, and is being adopted by a citizen or permanent resident of the United States. There are some differences to the other options, such the fact the process is not limited to children who have been or are going to be citizens.
How to Get Help
Adopting non-U.S. Citizens can sometimes be more difficult than the naturalization process for others. However, the benefits for the child are numerous, especially if he or she has never had parents or has parents who cannot properly raise and care for them. One way to understand this process better is to hire counsel, an experienced immigration lawyer who’s seen cases like yours before.