Immigration & Intercountry Adoption

"Adopting children from all over the world has steadily increased in the past decade. Approximately 20,000 intercountry adoptions are taking place per year. In addition, there are more than 200,000 foreign-adopted children already living in the U.S." USCIS

Adoption is defined as the permanent legal transfer of parenting rights and responsibilities from one family to another. There are many forms of adoption and immigration based adoption available in the U.S..

A U.S. citizen may petition to bring a child to live in the United States permanently if the child falls under the definition of a "child, son or daughter" under the immigration law. If an adoption falls outside of the definition of child, son or daughter under the immigration law, other types of adoption are available.

Internationa/Intercountryl adoptions are particularly complicated as legal issues must be handled with the U.S. Immigration service, the legal requirements of the country from which the child is originating, and the requirements of the state in which the child will ultimately live.

In the United States, adoption provides the child with many of the same privileges as that of a biological child of a U.S. Citizen.

There are 3 different types of adoption in the United States for citizens:

    1. Adoption of a foreign born child currently in the country 
    2. Adoption of a foreign born child presently living in their home country
    3. Adoption of a foreign born orphan currently residing in their home country

Definition of an Orphans for purposes of Adoption

By definition of USCIS an orphan is " a foreign-born child... if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday. An orphan petition may be filed before the child's 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents."

Contact Malee about your situation to discuss how adoption through use of the immigration laws can help you.

Intercountry Adoptions & USCIS

 

612-743-9115