Immigration Through Adoption: A Guide for Prospective Parents

At the Law Office of Adebimpe Jafojo, we specialize in guiding families through the complex process of international adoption and immigration. This comprehensive guide will help you understand the intricacies of bringing your adopted child to the United States.

Understanding Immigration Through Adoption

International adoption involves not just adoption laws, but also complex immigration procedures. As experienced immigration attorneys, we're here to help you navigate this journey.

Key Pathways for Adopted Children to Immigrate

  • Hague Adoption Convention Process: The Hague Adoption Convention is an international agreement to safeguard intercountry adoptions. If you're adopting from a Hague country, you'll need to:

  • Obtain Hague Adoption Convention certification

  • File Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country

  • After matching, file Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative

  • Non-Hague (Orphan) Process For non-Hague countries, the orphan process applies if the child meets the definition of an orphan under U.S. immigration law. Steps include:

  • Filing Form I-600A, Application for Advance Processing of an Orphan Petition

  • After matching, filing Form I-600, Petition to Classify Orphan as an Immediate Relative

  • Family-Based Petition In some cases, you may need to file Form I-130, Petition for Alien Relative. This typically applies when:

  • The child is from a non-Hague country and doesn't qualify as an orphan

  • The adoption is finalized after the child turns 16 (or 18 in some cases)

Citizenship for Internationally Adopted Children

Under the Child Citizenship Act of 2000, your adopted child may automatically acquire U.S. citizenship if:

  • At least one adoptive parent is a U.S. citizen

  • The child is under 18 years of age

  • The child is admitted to the U.S. as an immigrant for lawful permanent residence

  • The adoption is final

Important Considerations and Potential Challenges

  1. Home Study Requirements A thorough home study by a licensed provider is crucial. It evaluates your ability to provide a stable, nurturing environment for an adopted child.

  2. Age Considerations

  • Children under 16: Most straightforward for adoption immigration

  • Children 16-17: May be eligible if adopting with or following a sibling under 16

  • Children 18 or older: Different process, typically through family-based immigration

Potential Challenges

  1. Documentation Challenges Gathering necessary paperwork can be complex. You may need:

  • Birth certificates

  • Death certificates of birth parents (for orphan petitions)

  • Adoption decrees

  • Medical records

  • USCIS Processing Times - Be prepared for potential delays. Processing times can vary significantly based on the type of petition and current USCIS workload.

  • Legal Compliance Ensuring - compliance with both U.S. and foreign adoption laws is crucial to avoid future legal complications.

How can The Law Office of Adebimpe Jafojo help you with your adoption immigration journey?

Our experienced team offers comprehensive support throughout your adoption immigration journey:

  • Determining the best immigration pathway for your situation

  • Preparing and filing all necessary USCIS forms

  • Assisting with document gathering and authentication

  • Liaising with USCIS, U.S. embassies, and foreign officials

  • Providing guidance on potential challenges and how to overcome them

  • Ensuring compliance with all relevant laws and regulations

Take the Next Step in Your Adoption Journey!

International adoption is a beautiful way to build your family, but the immigration process can be daunting. At the Law Office of Adebimpe Jafojo, we're committed to making this journey as smooth as possible.

Contact us today for a consultation. Let our expertise in adoption immigration law guide you through this life-changing process.

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