How A US Citizen Can Adopt Children From Abroad?
Welcome viewers to the legal segment of Sitaarre TV, this is attorney Shweta candle while I practice US immigration and nationality law and I am based in Santa Clara. Today we will discuss how a US citizen and a lawful permanent resident can adopt a child from a foreign country. Now there are two processes that may apply if a US citizen or a lawful permanent resident wants to adopt a child from a foreign country. Now the adoption process actually consists of two parts, one is the actual adoption and the other is securing the immigration visa or the paperwork for the adopted child so that he or she can live with his or her adopted family in the US. Now it’s extremely important that the adoption take place according to the prescribed laws, otherwise, the child will not be given a visa to move to the US. This can be heartbreaking for the family and the child, this is why it’s critical that you seek correct counsel and do the paperwork and the process right from the beginning. Now depending upon the facts and circumstances of your case there may be two ways in which you can have a child from a foreign country adopted and got into the US. The first is the Hague process. Now some countries have entered into a convention or an agreement called “The Hague Convention” that protects the interest of children when they are being moved or relocated from one country to the other, both India and the US are parties to this convention so depending upon the facts and circumstances of your case the Hague can apply to your adoption and you may have to follow the strict procedures and guidelines laid down in The Hague. The other process which applies is called the “non-Hague” or “the orphan process”, so if the Hague Convention does not apply to you or if the child that you are seeking to adopt is an orphan you may have to follow this process. There is a third process that is available for lawful permanent residence that is green card holders and also for US citizens who cannot fall under the Hague or the orphan process. Under this process, the child will have to come to the US when the adopted parents file an immigrant relative petition for the child. Again this is also a complex process and needs to be done right, so if you want to adopt a child from India or any other country I strongly advise and encourage that you seek the assistance of appropriate council, this will make the process a lot simpler and easier for you down the run. If you have any questions suggestions or comments feel free to send me an email at sweta@khandelwal. com, see you next week.