International Adoption and Immigration

As a potential adoptive parent, you are embarking on a complicated and emotional endeavor when considering adopting a child from another country into the United States. On average, international adoptions take three years, requiring immense patience as you continuously and thoroughly follow strict guidelines. Of course, while international adoption is complex, the rewards of growing your family outweigh any obstacles.

Scott D. Pollock & Associates P.C. is honored to help families adopt children from other countries by easing the process and lessening obstacles. Adoption and immigration legal requirements vary from country to country and state to state. 

Our ability to maneuver through immigration laws strategically during the adoption process creates a smoother journey for our clients. The legal challenges of international adoptions make it vital to have a knowledgeable immigration lawyer at your side.

Legal Challenges of International Adoption

International adoption has declined over the past couple of decades due in part to:

• Stricter regulations
• Changes in country policies
• Backlash from sending countries
• Rising costs and wait times

Our lawyers will advise you on how to avoid or manage these difficult circumstances.

The legal challenges of international adoption can be frustrating, stressful, and even disheartening to adoptive parents. Navigating both strict adoption guidelines and immigration law is incredibly tricky.

An experienced, professional immigration lawyer with the knowledge and skills to guide you through the process is often imperative for a better chance of success. Our attorneys are prepared and dedicated to assisting you through the common challenges that arise during the international adoption and immigration process. 

Let’s examine the most common challenges.

Varying National and State Laws

A significant challenge for families is that adoption laws vary by country and state and can change at any time. These variations mean it’s imperative to be current on federal regulations and the specific rules and guidelines that must be adhered to in each country and state. An immigration lawyer will ensure your potential adoption has a realistic chance of success. 

Some of the varying requirements for international adoption include:

• Marital status
• Financial records
• Age restrictions and limitations
• Health restrictions
• Religious and cultural considerations

Documentation Requirements

Another challenge to families is the extensive, accurate, and timely paperwork required throughout the international adoption process, including

• Authentication of birth certificates, marriage licenses, and financial records
• Immigration documents
• Home study reports
• Criminal background checks
• Translations
• Notarizations

Immigration Procedures

Navigating adoption and immigration laws of the foreign country, the state in which you reside, and federal guidelines also prove to be challenging to most families. Here are some of the legalities you will have to navigate through:

• Proper visas for the child
• U.S. citizenship documentation
• Social security numbers
• Updated birth certificate

Our talented and savvy attorneys help families navigate legal challenges during international adoption procedures. One of the first steps is deciding which immigration process will provide the best possible outcome.

Immigration Process for Adopted Children to the U.S.

The United States offers three routes of intercountry adoption

1. The Hague Process
2. The Orphan Process
3. Family-Based Petition Process

1. The Hague Process

The Hague Adoption Convention is a treaty that maintains safeguards to protect children, birth parents, and prospective adoptive parents. Over 100 countries are members of the convention. 

To qualify for the Hague Process, adoptive parents must be U.S. citizens who are habitual residents of the United States. A single parent must also be at least 25 years of age. The adoptee is required to be a habitual resident of their own Hague Adoption Convention country.

To authorize their suitability and eligibility, prospective adoptive parents submit Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country. If U.S. Citizenship and Immigration Services (USCIS) approves Form I-800A, Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, is submitted to confirm the child’s eligibility.

The Orphan Process

The Orphan Process has similar requirements to the Hague Process but is used when the adoptee’s country of origin is not part of the Hague Adoption Convention. 

Key differences include:

• Filing of Form I-600A, Application for Advance Processing of Orphan Petition and Form I-600, Petition to Classify Orphan as an Immediate Relative, which can be submitted concurrently
• USCIS completes an investigation to determine if the child is an orphan based on specific qualifications pertaining to immigration adoption laws.

Family-Based Petition Process

Another international adoption route is the family-based petition process. In this process, Form I-130, Petition for Alien Relative, can be completed by U.S. citizens or lawful permanent residents (LPRs).

In the family-based petitioner process, the adoptive parent or parents must provide evidence of a completed adoption and fulfill the two-year legal custody and joint residence requirements. After meeting these qualifications, the adopted child may be considered the petitioner’s “child” for full immigration benefits.

Immigration Visa Options and U.S. Citizenship Through the International Adoption Process

Bringing your adopted child to the United States means acquiring a visa that aligns with your adoption process. 

Hague Process

IH-3 Visa: Your child will enter the United States with an IH-3 visa if they were adopted within a Hague country. In this case, your child is automatically a U.S. citizen and receives a Certificate of Citizenship in the mail.

IH-4 Visa: Your child will enter the United States with an IH-4 visa if they are to be adopted within the states from a Hague country. Your child will be mailed a Permanent Resident Card (Green Card). Once the adoption is complete, you can apply for a Certificate of Citizenship by filing Form N-600, Application for Certificate of Citizenship.

Orphan Process

IR-3 Visa: If the adoption was finalized in a non-Hague country and at least one parent saw the child before or during adoption, your child will enter the United States with an IR-3 visa. Your child automatically becomes a U.S. citizen and receives a Certificate of Citizenship in the mail.

IR-4 Visa: Your child will enter the United States with an IR-4 visa if they are to be adopted within the states from a non-Hague country, were adopted abroad by only one parent (if married), or were not seen by the parents before the adoption. Your child will be mailed a Permanent Resident Card (Green Card). Once the adoption is complete, you can apply for a Certificate of Citizenship by filing Form N-600, Application for Certificate of Citizenship.

Family-Based Petition Process

IR-2 Visa: Your child will enter the United States with an IR-2 visa if you and/or your spouse have had legal custody and resided with the child for at least two years. If your child has been living in the U.S. for at least two years, they automatically become a U.S. citizen. 

If your child enters the U.S. after living with you abroad for at least two years, they will be mailed a Permanent Resident Card (Green Card). You can now apply for a Certificate of Citizenship by filing Form N-600, Application for Certification of Citizenship, or a U.S. passport.

Adoption-Based Family Immigration Lawyer Services

Scott D. Pollock & Associates, P.C., will handle your immigration adoption case skillfully, strategically, and efficiently. Backed by experience and led by compassion, we are honored to help those across the United States grow their families through international adoption. 

Contact us by phone at (312) 444-1940 or through our website so we can help you begin this important journey.