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The adoption of a child from overseas is both exhilarating and overwhelming especially when trying to navigate the rules and regulations of both the child's home country as well as U.S. immigration laws and state adoption laws. We counsel and represent potential adoptive parents from both Hague Convention and non-Hague Convention countries, working closely with Department of State approved adoption agencies. It is worth emphasizing that simply locating a child in a foreign country and going to the U.S. Embassy to obtain a visa for the child will not meet these requirements. Although adoption procedures vary from country to country, most countries require that prior to any court action, a child placed for adoption be legally recognized as an orphan or, in the case where a parent is living, be legally and irrevocably released for adoption in a manner provided for under local foreign law. When the foreign adoption (or guardianship process in those countries that allow guardianship) is completed, the adoptive parent(s) can apply for an immigrant visa (IR-3 for a child adopted abroad or IR-4 for a child to be adopted in the United States) at the appropriate U.S. consular office abroad.
Of particular exciting note, when an adopted child enters the U.S. as a lawful permanent resident under the age of 18 with at least one U.S. citizen parent, and with a final order of adoption, the Child Citizenship Act of 2000 allows for the automatic acquisition of U.S. citizenship for that child.
Our office assists with all aspects of the international adoption process. We can help you locate the best adoption agency to process the home study in the U.S. and will work with the agency on your behalf. We also work closely with USCIS and the U.S. Consular officer at the Embassy overseas to provide all the necessary paperwork to ensure a quick adjudication.
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