Adoption
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Law Offices of Fred L. Valentine, Jr.>Immigration>Adoption


Adoption

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

Advanced Processing

Orphan Petition

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