Green Card Through Adoption
International Adoption Lawyer in the Bay Area
Understanding International Adoption
International adoption is a complex area of law requiring adoptive parents to follow certain international treaties and procedures. Different sets of rules and procedures apply to obtaining a green card via adoption, including whether the adoptive child is a resident of a Hague Adoption Convention country or a Non-Hague Adoption Convention country.
Generally, an adoptive child eligible to be adopted under these proceedings must be unmarried and under the age of 21. In addition, for an adoptive child to be eligible for a green card through the adoption process, they must meet the following requirements:
The adoption must take place prior to the child’s 16th birthday.
The adoptive parents must have had legal custody of the child for at least two years.
The child must have lived with the adoptive parents for at least two years.
Types of International Adoption
Hague Convention Adoption
The Hague Adoption Convention is an international treaty entered into by over 70 countries with a common goal—to safeguard and unify the standards of international adoption while prioritizing the best interests of the child. Notable aspects of a Hague Convention adoption include the following:
- Prospective adoptive parents will need to meet specific eligibility criteria outlined by their home country and the country from which they plan to adopt.
- A home study is an important step in the international adoption process, which typically includes an assessment of your home, background checks, interviews, and references to determine your suitability as adoptive parents.
- Adoption agencies involved in Hague Convention adoptions are required to be accredited or approved by the competent authority in their home country.
Orphan Intercountry Adoption
Orphan intercountry adoption involves adopting a child who has been deemed an orphan under the immigration laws of your home country.
- Prospective adoptive parents will need to meet specific eligibility criteria outlined by their home country and the country from which they plan to adopt.
- A home study is an important step in the international adoption process, which typically includes an assessment of your home, background checks, interviews, and references to determine your suitability as adoptive parents.
- Adoption agencies involved in Hague Convention adoptions are required to be accredited or approved by the competent authority in their home country.
Non-Hague Convention Adoption
Not all international adoptions fall under the auspices of the Hague Convention. When attempting to adopt from a country that is not a member of the Hague Convention, adherence to non-Hague Adoption Convention rules and procedures will be required.
- Prospective adoptive parents will need to meet specific eligibility criteria outlined by their home country and the country from which they plan to adopt.
- A home study is an important step in the international adoption process, which typically includes an assessment of your home, background checks, interviews, and references to determine your suitability as adoptive parents.
- Adoption agencies involved in Hague Convention adoptions are required to be accredited or approved by the competent authority in their home country.
Adopting a Relative Abroad
Foreign-born relatives may be adopted by extended family members. However, the child must be eligible for adoption under U.S. law and their country’s laws.
- Prospective adoptive parents will need to meet specific eligibility criteria outlined by their home country and the country from which they plan to adopt.
- A home study is an important step in the international adoption process, which typically includes an assessment of your home, background checks, interviews, and references to determine your suitability as adoptive parents.
- Adoption agencies involved in Hague Convention adoptions are required to be accredited or approved by the competent authority in their home country.
Foreign Born Orphans
To qualify for a green card, a child in a Hague Convention adoption country must meet the definition of a Convention adoptee. A foreign-born child in non-Hague Adoption Convention countries must meet the U.S. definition of an orphan.
- Prospective adoptive parents will need to meet specific eligibility criteria outlined by their home country and the country from which they plan to adopt.
- A home study is an important step in the international adoption process, which typically includes an assessment of your home, background checks, interviews, and references to determine your suitability as adoptive parents.
- Adoption agencies involved in Hague Convention adoptions are required to be accredited or approved by the competent authority in their home country.
Obtaining a Green Card for Your Child
Obtaining a green card for your child via international adoption is a multi-step process. For U.S. citizens and Green Card holders, an immigrant petition must be filed. When the adoptive child is a citizen of a Hague Convention country, the adoption and petition for a green card must follow the guidelines outlined in the Hague Convention documents. For example, under the Hague Process, applicants must use an Accredited Adoption Service Provider authorized to facilitate adoptions under the Convention. This is where retaining the services of an immigration adoption lawyer can pay dividends since these Providers are prohibited from providing legal advice or representing the adoptive parents before the U.S. Citizenship and Immigration Services (USCIS).
- Prospective adoptive parents will need to meet specific eligibility criteria outlined by their home country and the country from which they plan to adopt.
- A home study is an important step in the international adoption process, which typically includes an assessment of your home, background checks, interviews, and references to determine your suitability as adoptive parents.
- Adoption agencies involved in Hague Convention adoptions are required to be accredited or approved by the competent authority in their home country.
Juvenile Visa Law Group
Experienced International Adoption Lawyers
International adoption is extremely complex and bereft with potential pitfalls and roadblocks. Juvenile Visa Law Group is here to help. InAn immigration adoption lawyer with our law firm can help in the following ways:
- Carefully review of your personal circumstances
- Provide legal advice and assistance on how to present yourself at an interview conducted at a U.S. Consulate
- Provide careful coordination of all correspondence with federal agencies
- Ensure a service-delivery model that meets and exceeds your expectations
If you need assistance in getting a green card through adoption or simply need guidance on the international adoption process in the Bay Area, then do not hesitate to contact an international adoption lawyer with our firm. We are fluent in Spanish and Portuguese and are proud to help families on a daily basis.
"Jeremy was incredible to work with. His professionalism, responsiveness, and dedication made a challenging situation much more manageable. Grateful for his support and legal expertise. Definitely a five-star service!"
—Valentina L.
"I highly recommend Jeremy Castro because he is an excellent attorney who provided me with exceptional legal support. His experience, dedication and strategic approach were invaluable in handling my case."
—Jose S.C
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Schedule a Consultation Today
The international adoption process is inherently complex and intimidating for many families. This is why it is generally recommended to retain the services of a knowledgeable international adoption lawyer with the Juvenile Visa Law Group. A compassionate and caring international adoption attorney with our firm will assess your situation and provide an assessment of your legal options and adoption pathways. To learn more, contact our office to schedule a consultation today.
