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We will assist with
all international adoption matters
Email Me
at
val@FLVLAW.com
Or Call
909.941.2558
Info
There
are two ways to bring an adopted child into the United States. The fastest and
easiest way is to adopt an orphan who automatically becomes eligible to enter
the United States as an immediate relative. Only U.S. citizens are eligible to
immigrate a child as an orphan. The second way is to adopt a child and reside
with that child for two years prior to petitioning for the child. U.S. citizens
and lawful permanent residents may immigrate a child with whom they have lived
for two years.
The
international adoption process can be a lengthy one. In order to bring your
child back into this country with you, there are numerous documents that must
be obtained. U.S. immigration law requires a petitioner to establish that a
child meets a very specific legal definition of “orphan” before an adoption
petition is approved. Proof of a child’s orphan status must be legally
declared in the country from which you are adopting the child. INS and DOS
must be able to make an “orphan” determination with a reasonable degree of
certainty. Travel papers must also be issued allowing the child to leave
its country of origin, as in many cases, the child will still be considered a
foreign national. Failing to obtain all the proper documentation from the
appropriate U.S. and foreign agencies may require you to remain in the foreign
country for an extended period of time to obtain the correct paperwork, or may
even impact your ability to legally complete the adoption process.
Irregularities
include:
Discrepancies
in permits of abandonment (which establish that a child has been abandoned by
the birth parents)
inadequate
birth certificates
lack
of any records at orphanages that explain how the child came to the orphanage
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