Migration through adoption corresponds to the adoption of a foreign child by an adoptive parent who lives in another country. Children born abroad can immigrate into the U.S.A. if the adoptive parent is an American citizen.
For this process of international adoption, the Immigration Act provides for different proceedings. Thus, it is recommended to have the counseling of an immigration lawyer before carrying out any proceedings.
The process of immigration through adoption:
USCIS has a key role in the process of international adoption. There are two different processes in the case of children adopted by American citizens: the child can immigrate after adoption or they can immigrate into the United States to be adopted there.
The paperwork will depend on the country of residence of the child and whether they child is an orphan. In order to determine the eligibility of the child to obtain a permanent residency, age is a very important matter.
The law establishes that the adoption process must end before the minor turns 16 years old. However, there are exceptions in some cases. In these, the age of the minor could be extended for two more years. However, it must always take place before the minor turns 18 years old.
It is very important to understand that a child adopted by an American citizen has equal rights and benefits as a biological child.
What requirements are needed for migration through adoption?
- Only American citizens may adopt a child in the United States.
- In the case of couples, in order to adopt a foreign child, at least one of the adoptive parents must be a citizen of the United States.
Both the process of international adoption as well as that for the migration of the child require the hiring of lawyers. One of them must be from the country of origin of the minor. The other lawyer must be an immigration lawyer from the United States. Both professionals must work together to ensure that the case is approved.
At Beltran Brito LLP we have an ample experience on counseling for immigrants and on the road to legality in the United States. Do not hesitate to ask for our services.