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Foreign Adoptions
Foreign adoptions are legal, and if done properly, it is a wonderful way to expand your family unit. A qualified orphan is eligible to immigrate to the United States. Under U.S. immigration laws, an orphan is a foreign child who has no parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents. An orphan is also a foreign child with only one parent who is not able to take care of the orphan properly and has in writing forever or irrevocably released the orphan for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday.
A married U.S. citizen and spouse, or an unmarried U.S. citizen at least 25 years of age, may file an orphan petition. The spouse does not need to be a U.S. citizen.
An orphan petition may not be filed on behalf of a child in the United States unless that child is in parole status and has not been adopted in the United States. If an orphan petition is approved for a child in the United States, the child can become a lawful permanent resident through a procedure called adjustment of status. A United States citizen who plans to adopt a foreign orphan but does not yet have a specific child in mind can have the immigration paperwork done much faster by using advance processing. Even if you know the child and you are traveling to the country where the child is located, you may still use advance processing to expedite your case. An application for advance processing may be filed by anyone who is eligible to file an orphan petition. If you are considering adopting a foreign-born child and you need more information, please contact us at your convenience. * The Immigration of Adopted and Prospective Adoptive Children, U.S. Department of Justice, Immigration and Naturalization Service, 1990. |
