Messersmith Law Firm

International Adoption

International Adoption Details

There are three types of international adoption processes. One, where a US citizen wishes to adopt a foreign born child currently in the United States. Two, where a US citizen wishes to adopt a foreign born orphan currently located in their home country. Three, where a US citizen wishes to adopt a foreign born child currently located in their home country.

For whom is International Adoption appropriate?

US citizens who wish to adopt a child or orphan.

What are the requirements for obtaining International Adoption?

A US citizen may adopt a foreign born child who is currently residing in the US and sponsor that child for permanent residency (green card) and US citizenship if:

  • The child was adopted before his or her 16th birthday;
  • The adoptive parent or parents have had legal custody of the adopted child for two years; and
  • the adopted child resided with the petitioner for at least two years.

US immigration law creates a distinction between the adoption of orphans and the adoption of other foreign born children. The adoption of foreign born children is three step process similar to family based immigration petitions.  The adoptive child is required to wait for an immigrant visa number before the child is able to be brought to the US.  An immigrant visa number can take years to obtain.

To bring the adopted orphan into the US quickly, the eligible US citizen may apply for advance processing before he or she actually finds an orphan to adopt. A foreign-born child is an orphan if he 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.

Each country has its own rules regarding who may or may not adopt orphans from their country.

Does The Messersmith Law Firm handle these types of cases?

Yes, we take all types of immigration cases and represent clients worldwide. Here is a short sample of our recently approved petitions.

Latest News About International Adoption

October 16, 2008 USCIS Q & A Regarding Vietnamese Adoptions

October 16, 2008 All adoptions of Vietnamese are halted until a new agreement between the USA and Vietnam is signed.

September 29, 2008 USCIS Q & A Regarding Intercountry Adoptions

May 29, 2008 USCIS Implements Required DNA Testing for Vietnamese Adoptions

April 1, 2008 USCIS Announces Changes to Guatemala Adoptions

March 31, 2008 USCIS Q & A Regarding Intercountry Adoptions Post-Hague Adoption Convention Implementation

March 28, 2008 USCIS Reopens Comment Period for Adoptions Post-Hague Adoption Convention

January 25, 2008 USCIS Announces New Guatemala Adoption Legislation

October 25, 2007 USCIS Announces Changes to Vietnam Adoptions

October 11, 2007 USCIS Announces Revised Guatemala Adoption Procedures

October 4, 2007 USCIS Issues Interim Rule for Adopting Children Under the Hague Convention

August 6, 2007 Changes to Guatemala Intercountry Adoptions

July 16, 2007 USCIS Q & A Regarding the SIMS Pilot Program

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