A foreign adoption, also known as an intercountry adoption, is one where you adopt a child from overseas. Foreign adoptions can be complex because the child being adopted must also go through the immigration process.
Foreign adoptions can be complicated because the adoption involves many agencies and requirements. To adopt a child born overseas you will have to follow guidelines set by:
The procedure to adopt a foreign born child can take one to fours years and varies based on the child’s country of origin. Typically, foreign adoption involves:
The level of difficulty for the adoption process varies and depends on if the adoption is categorized as a Hague or Non-Hague adoption.
The procedures for the adoption will be different and depends on whether the child’s country is a part of the Hague treaty or not.
Generally, the United States will issue a permanent resident visa after the Orphan Petition is approved. The child will not have to be placed on a waiting list.
Note that visas types do vary depending on whether the adoption is categorized as Hague or Non-Hague.
It is possible that your adopted child can automatically get U.S. citizenship upon entry to the U.S. with a visa, if:
The adoption of a child in a foreign court is typically legal in the Untied States. But states are not required to recognize the adoption, so you may want to re-adopt the child in a state court and get a state birth certificate.
Foreign adoptions involve complex procedures and interactions with U.S. and foreign agencies. A qualified immigration attorney can help you with everything you need to adopt a foreign child.
Last Modified: 08-17-2015 05:21 PM PDTLaw Library Disclaimer
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