Learn Options For Immigration Through Adoption In The US

Want to adopt a child from outside the US? Here is everything from the process to the Eligibility Criteria you need to know before deciding to go for the adoption process.

Numerous people are unaware of the adoption procedure involving thousands of US citizens adopting children from foreign nations. The intercountry adoption procedure, sometimes known as immigration through adoption, is heavily influenced by US immigration.

Despite limited options for adoption, the US allows three distinct ways for people to adopt a child from outside the nation. However, a person can only immigrate under one of these clauses if their adoption satisfies all the criteria for that particular process.

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The Hague Process

An international agreement known as the Hague Process offers crucial protections for the rights of children, birth parents, and adoptive parents during cross-border adoptions. However, this procedure is only for US residents who want to adopt a child from countries recognized as eligible for intercountry adoption under the Hague Convention.

Step-by-step process

Select a Hague-certified ASP (and perhaps an immigration attorney).
Obtain a Hague adoption home visit from a professional who is qualified to do so.
Before adopting a child or accepting an arrangement, apply to USCIS for a determination of whether the kid is eligible for international adoption.
Collaborate with the adoption services provider to achieve a suggested adoptive placement after USCIS approves the application.

Before acquiring the child, submit a “request” to USCIS asking that the child’s prospective adoption be accepted as grounds for immigration to the US.

To adopt a child in the United States, adopt it or win custody of them:

Acquire the child’s immigrant visa.
Use the visa to bring the child to the US for admittance.

Eligibility for adoption

After receiving a positive home investigation, submit Form I-800A to USCIS. You must adhere to the following standards to be qualified to file Form I-800A:

Hold US citizenship
Reside continuously in the United States
If you’re married, your partner must sign Form I-800A and declare their intent to adopt any children you choose to adopt
If you are single, you must be at least 24 years old when submitting Form I-800A and 25 years old when submitting Form I-800.

Process for Orphans

Simply put, the orphan process enables people to adopt an orphan from another nation. A kid might be considered an orphan if they have a single surviving parent who, following the local norms of the foreign sending country, cannot look after them and has given them up for adoption. An adopted kid may be admitted via the orphan process if you:

Are a United States citizen (must be 25 years old to file if single). If you’re married, your spouse must also adopt the child and sign Form I-600.
Must declare that you’ll give the child the adequate parental care they need.
Demonstrate that the kid you have adopted or intend to adopt meets the criteria for being an “orphan” under US immigration law.

Who is an orphan?

An orphan is a foreign-born child who:

Do not have parents due to the demise of one or both parents, their abandoning or rejection, their separation, or their loss, OR
Whose only surviving parent has, in writing, irrevocably relinquished the kid for immigration and adoption and who is incapable of caring for the child per the local requirements.

Family based petition

A third option, the family-based petition procedure, allows an adopted person to be treated as the son or daughter of their adoptive parent(s) for immigration purposes. This procedure can also bring your adopted sibling to the United States. The Hague/Orphan proceedings and the family-based petition process are distinct.

The Hague and orphan processes for adoption petitions are only available to US residents. In addition, these proceedings’ requirements differ from those for family-based petitions.

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