ADOPTION VISA
Overview :
A child adopted by a U. S. Citizen (USC) must obtain an immigrant visa before he / she can enter the US.
Two categories of adopted children can immigrate to the US :
- A child adopted by a US Citizen before the child reached the age of 16 years and who has already resided with the adoptive parent in their legal custody for two years;
- An orphan as defined by U. S. laws & regulations.
International adoption of orphans :
1. Application for advance processing of orphan petition :
This method is used by a U.S Citizen who plans to adopt a foreign-born orphan but does not have a specific child in mind. "Advance Processing" enables U.S Citizen to first adjudicate the application that relates to the qualifications of the applicant(s) as prospective adoptive parent(s).
This method may also be used where the child is known and the prospective adoptive parent(s) are traveling to the country to locate or adopt a child. The prospective adoptive parent(s) must, however, be aware that the child must remain in the foreign country where he / she is located until the processing is complete.
2. Petition to classify orphan as an Immediate Relative :
An orphan petition for a child who has been identified must be submitted with the certification of the petitioner executed and the required fee. The child's name, date of birth and other information must be known for such a petition to be filed. And the child must fit the definition of "orphan" according to US immigration law.
An orphan petition can be filed when a child is identified and:
- an advance processing application is pending or it is within 18 months of a favorable decision in a completed advance processing case, or
- no advance processing application was filed, or
- an advance processing application was filed and approved, but no orphan petition was filed during the 18-month period.
Eligibility :
Eligibility for advance processing application.
An application for advance processing may be filed by a married U.S. citizen and spouse. If the spouse of the applicant is not a U.S. citizen; he or she must be in a lawful immigration status. An application for advance processing may also be filed by an unmarried U.S. citizen who is at least 24 years of age, provided that he / she will be at least 25 at the time of adoption and the filing of an orphan petition on behalf of a child.
Eligibility for orphan petition.
In addition to the requirements concerning the citizenship and age of the applicant described above, when a child is located and identified certain additional following eligibility requirements in respect of the child, adoption abroad will apply along with certain pre-adoption requirements.
Ineligibility :
The following persons are not eligible to file an orphan petition :- An unmarried US citizen under the age of 25;
- An individual residing lawfully in the US who is not a US citizen;
- A married couple residing lawfully in the US, neither of whom is a US citizen;
- An individual or couple who does not have lawful immigration status in the US;
- A US citizen who is still legally married but separated from his or her spouse, unless the spouse joins the petition.
How can we help :
- Provide you an estimate of costs involved (i.e. filing fees, attorney fees & costs);
- Provide you with a checklist of documents required for preparing your case;
- Prepare the necessary applications along with all necessary attachments & supplements;
- Submit the application(s) to the proper government agencies;
- Co-ordinate correspondence with government agencies;
- Advise you on an on-going basis of the progress of your case;
- Advise you on an on-going basis of the progress of your case;
- Intimate you forthwith on receipt of approval of your petition;
- Assist in preparing documents required by the consulate in the foreign country;
- Advise on steps to be taken after arrival of the child in the US;
- Provide you a copy of all papers filed.
Our Fees :
Please contact us for information on our fees & other expenses.