ADOPTIONS

Orphans

Under U.S. immigration law, a foreign-born child is an orphan if he or she 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. For such a child to gain immigration benefits, an orphan petition must be filed before his/her 16th birthday. An orphan petition may be filed before the child's 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents.

Eligibility For Adoption

A married U.S. citizen and spouse or an unmarried U.S. citizen at least 25 years of age may file an orphan petition. The spouse does not need to be a U.S. citizen; however, the spouse must be here legally, if living in the United States. To make the adoption process faster, you may apply for advanced processing before you actually find an orphan to adopt. An application for advance processing may be filed by anyone eligible to file an orphan petition. An unmarried U.S. citizen may file an application for advance processing if the U.S. citizen is at least 24 years of age and will be at least 25 when an orphan petition is filed in behalf of an actual child and when the child is adopted.

Advance Processing

It is advisable to file INS Form I-600A (Application for Advance Processing of Orphan Petition) before you identify a foreign-born child to adopt. This is so that the INS can verify your ability to be a suitable parent/s and provide a proper home environment. This may be done even before you travel to a foreign country to identify a child, because although you may file the orphan petition (INS Form I-600 – Petition to Classify Orphan as an Immediate Relative) at an overseas INS office or American Consulate or Embassy, in the country of the child, you will not be allowed to bring the child to the United States, unless the INS has certified that you are fit to be a parent and provide a suitable home environment.

Information Required About Prospective Adoptive Parents

One of the prospective parents must be a U.S. citizen. If the spouse is not a U.S. citizen, he/she must at least have lawful immigration status. The couple must also show proof that they are legally married and that any previous marriages have been legally terminated. All parents (whether married or single) must submit a complete and current home study. You must also show that you comply with the pre-adoption requirements of the state in which you plan to live with your adopted child. Each adult member of the household must be fingerprinted by the INS, and all this must be submitted along with the completed form and the required filing fee.

Information Required About The Child

1) Birth certificate of the child or, if not available, evidence of the child’s age and identity

2) Proof that the child is an orphan as defined by the INS

3) A final decree of adoption, if applicable

4) Proof of legal custody of the child for emigration and adoption, if applicable

5) Proof of compliance with pre-adoption requirements, if applicable

Filing of Application

The advance processing application (Form I-600A) must be filed with the INS office in the area where you are going to live with the adopted child. After the child has been identified, the parents must on behalf of the child file Form I-600 with the U.S. consulate or embassy in the country of origin of the child.

Legal Status of an Adopted Child

The Child Citizen Act of 2000 has brought in some changes, whereby some adopted children are eligible for automatic citizenship. Usually, however, a foreign born child does not become a U.S. citizen, even though he/she may be adopted by a U.S. citizen. He/she is considered an immediate relative of a U.S. citizen and is therefore eligible to enter the United States on a lawful permanent resident immigration visa. After the child has entered the U.S., the parent may apply for citizenship on his/her behalf (Form N-643 – Application for Certificate of Citizenship on Behalf of an Adopted Child). This must be done before the child attains 18 years of age, otherwise, after that, the child will have to apply on his/her own behalf.

The information in this article is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice and does not establish an attorney-client relationship between The Law Offices of Cyrus S Nallaseth and the viewer.