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How
Do I Apply to Bring a Foreign-Born Orphan to the United States?
Who
is Considered an Orphan?
Under U.S. immigration law, a foreign-born child is an orphan if
he or she does not have any parents 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 not able to take proper care of the child
and has, in writing, irrevocably released the child for emigration
and adoption. For such a child to gain immigration benefits, an
orphan petition must be filed before his or 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.
Who is eligible to file an orphan petition?
A married U.S. citizen and spouse (no special age) 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; however, the spouse
must be here legally if living in the United States. To make the
adoption process faster, you may apply for advanced processing before
you actually find an orphan to adopt. An application for advance
processing may be filed by anyone eligible to file an orphan petition.
An unmarried U.S. citizen may file an application for advance processing
if the U.S. citizen is at least 24 years of age and will be at least
25 when an orphan petition is filed in behalf of an actual child
and when the child is adopted.
How
Do I Apply?
The fastest way is to file Application for Advance Processing of
Orphan Petition before you identify a foreign-born child to adopt.
This allows the INS to first process the application that relates
to your ability to provide a proper home environment and your suitability
as a parent. Then, once a child who meets the INA's definition of
orphan is identified, you must file Petition to Classify Orphan
as an Immediate Relative in behalf of the child.
Should
I do "advance processing" if I've already identified the
child?
It is generally advisable for all prospective adoptive parents to
do advance processing. You should do advance processing even if
you are traveling to the country where the child is located and
will file an orphan petition at an overseas INS office (or at an
American consulate or embassy if there is no INS office in the country).
By completing advance processing, you will ensure that INS has already
processed the application that relates to your ability to provide
a proper home environment and your suitability as a parent before
you adopt a child in a foreign country. This is important, because
you will not be allowed to bring a child that you have adopted to
the United States if you are found to be unable to provide that
child with a proper home environment or you are found unsuitable
as a parent.
What
kind of information about myself and my spouse will I, as the petitioner,
need to provide to the INS?
You must provide proof of U.S. citizenship. If you are married and
living in the United States, you must provide evidence of your spouse's
U.S. citizenship or lawful immigration status as well as proof that
you are married and that any previous marriages ended legally. You
must submit a complete and current home study within prescribed
time limits. You may also have to prove that you comply with the
preadoption requirements of the state in which you will live with
your adopted child. You must submit the required filing fee for
your application, and be aware that each adult member of the household
must be fingerprinted by the INS.
What
kind of information about the child will I need to provide to the
INS?
You must provide:
- The child's
birth certificate or, if the certificate is unavailable, evidence
of the child's age and identity;
- Proof that
the child is an orphan as defined by the INA;
- 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 preadoption requirements, if applicable.
Can
I adopt a foreign-born orphan and bring him/her to the U.S. without
involving the INS?
There is no
way an orphan can legally immigrate to the U.S. without INS processing.
Can I adopt a child from any country in the world?
Countries experiencing
social or political upheaval
The Immigration
and Naturalization Service shares your concern for the children
of countries experiencing social or political upheaval. However,
adopting children from a country in crisis is usually not a feasible
way to assist them. There are a number of reasons for this.
During times
of crisis, it can be exceptionally difficult to fulfill the legal
requirements for adoption of the child's country of origin. This
is especially true when civil authority breaks down. Correspondingly,
it can be very difficult to gather documents necessary to fulfill
the legal requirements of the immigration law of the United States.
Also, in a crisis situation, it can be extremely difficult to determine
if children whose parents are missing are truly orphans. It is not
uncommon in a hostile situation for parents to send their children
out of the area, or to become separated during an evacuation. Even
when children have been truly orphaned or abandoned by their parents,
they are often taken in by other relatives. International conventions
place a strong preference on keeping children within extended family
units and within their culture as opposed to uprooting the child
completely. Finally, corruption and lawlessness are more likely
in such countries. This increases the risk that you may be provided
with false documents or otherwise taken advantage of as you attempt
to adopt a child. For these reasons, individuals considering adoption
from a country in crisis should proceed with extreme caution. They
should review the Department of State's website and contact their
local INS office early in the process to avoid disappointment at
not being able to complete the adoption and emigration of a child.
Some countries
do not permit adoption and will grant legal custody only so long
as the applicant for custody resides in that country. This is often
true in countries that apply Islamic law. Children from such countries
do not qualify for immigrant status in the U.S.
If I am a U.S. citizen, will the child I adopt automatically
become a citizen too?
A new law which went into effect February 27, 2001, provides for
automatic citizenship for some adopted children.
Presently, adoption of a foreign-born child does not guarantee the
child's eligibility to immigrate to the United States. If the orphan
petition is approved, the child is considered to be an immediate
relative of a U.S. citizen and the child can get an immigrant visa
right away without being put on a visa waiting list. The child still
must qualify for an immigrant visa just like any other foreign-born
person. For example, the child may be inadmissible if he or she
has a contagious disease of public health significance.
When an orphan
enters the United States with an immigrant visa, the child is considered
to be a lawful permanent resident of the United States, not a U.S.
citizen. However, in some situations, a child will automatically
become a United States citizen immediately upon admission into the
United States as a lawful permanent resident.For more information
on citizenship, please see our naturalization Webpage.
How
Do I Find out the Status of My Application?
To check the status of your application, you should be prepared
to provide the specific information about your application, such
as the ten-digit receipt number printed on your Form I-797 or your
Alien Registration Number, name, and date of birth.
Can
Anyone Help Me?
If advice is needed, you may contact a local lawyer for a legal
advice. Click Here to contact a lawyer.
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