Bring adopted foreign-born orphan to the U.S.
How Do I Apply to Bring a Foreign-Born Orphan to the United States?
U.S. Immigration law allows an American citizen to petition for a foreign orphan to enter the U.S. as an immigrant.
A foreign-born child is considered an orphan if she does not have a parent 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.
An orphan petition must be filed before 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.
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 and has no age limit, as long as he is lawfully living in the U.S. An application for advance processing can be filed to speed up the process. An unmarried American citizen may file an application for advance processing if the citizen is at least 24 years of age and will be at least 25 when an orphan petition is filed on behalf of an actual child and when the child is adopted.
The first step is to file the Form I-600A (Application for Advance Processing of Orphan Petition) to allow the USCIS to determine the adoptive parent’s suitability as a parent and ability to provide a proper home environment for a child. After a child is identified, the parent must file Form I-600 (Petition to Classify Orphan as an Immediate Relative) on behalf of the child. It is generally advisable for all prospective adoptive parents to do advance processing.
What kind of documentation is required? Documents required include proof of U.S. citizenship, lawful status of the spouse living in the U.S., marriage certificate, documents evidencing termination of previous marriages, and evidence that a complete and current home study was done within the time limits. Also, the petitioner must prove that he or she has complied with the pre-adoption requirements of the state. All adult member of the household must also be fingerprinted by the government. The prints are valid for 15 months fingerprints are taken.
Additionally, documents about child are required including his birth certificate or, if the certificate is unavailable, evidence of the child's age and identity; evidence that the child is an orphan; a final decree of adoption, if applicable; proof of legal custody of the child for emigration and adoption, if applicable; and proof of compliance with pre-adoption requirements, if applicable.
In countries can I adopt a child? The USCIS does not recommend adoption from countries experiencing social or political problems because the difficulty involved in securing all the required civil documents and proving that the child is an orphan.
Generally, an adopted child enter the U.S. as a lawful permanent resident. However, in certain situations, a child might become a United States citizen upon admission into the United States as a lawful permanent resident.
Note: On April 1, 2008, the U.S. entered the Hague Adoption Convention - a multi-national treaty that provides uniform standards for intercountry adoptions and establishes international procedures and safe guards to protect the best interests of children, birth parents, and adoptive parents who are involved in intercountry adoptions. To adopt a child from a Convention country, one must file the new forms of Form I-800A (Application for Determination of Suitability to Adopt a Child from a Convention Country), and Form I-800 (Petition to Classify Convention Adoptee as an Immediate Relative. )
