FAQs on International Adoption
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Immigrating to the U.S. can be a confusing process for anyone, but when the immigrant is a child, there can be several additional issues to consider, and lots of questions. At Kriezelman Burton & Associates, LLC, our skilled Chicago immigration attorneys have helped many families successfully navigate the immigration adoption process. Here we address some of the most common questions related to adoption through immigration.
If you or a family member is considering international adoption, our office is available to answer your questions and provide assistance. Please don’t hesitate to contact us.
Can a Child Gain Permanent Resident Status Through Adoption?
Yes, but the manner in which children may enter or gain status in the United States through adoption varies widely. Adoption is very complex since the adoption must comply both with the law of the child’s country and the laws of the United States.
Are There International Laws that Apply to Adoption?
Since 2008, most international adoptions are governed by the Hague Convention. The United States is a party to the Hague Convention, and it entered into force in the United States on August 1, 2008. Every adoption finalized after that date must comply with the Hague Convention, provided the child is from a country that is also a party to the Convention. The Convention provides a number of safeguards to ensure that the child to be adopted is not a victim of trafficking or other illegal practices. Over 80 countries are parties to the Hague Convention.
Can I Adopt a Child from a Country that’s Not a Party to the Hague Convention?
If a child is not from a country that is a party to the Hague Convention, then there are two different options for adoption:
- The child has lived with the adoptive parent for two years, and two years have passed since the adoption decree was entered, or
- The Immigration Service determines that the child is an orphan, and the adoptive parents meet certain requirements.
To learn more about the requirements for adopting a child who is considered an orphan, please contact an experienced immigration attorney to discuss your case directly.
If I Marry a Foreign National Who Has Children, Will I Need to Adopt Their Children?
If a U.S. citizen marries a foreign national, and that foreign national already has children, the U.S. citizen may be able to petition for both the spouse and the children – no adoption necessary. If the U.S. citizen and the child’s parents were married prior to the child’s 18th birthday, the child is considered a step-child of the U.S. citizen, under immigration law. The U.S. citizen will not usually have to adopt the child to establish a step-relationship.
Contact Our Dedicated Immigration Lawyers
Adding to your family should be a time of joy, and Kriezelman Burton & Associates, LLC is dedicated to helping families who wish to grow through international adoption. To request a consultation, please call our office or complete our online contact form, and we’ll be in touch shortly.
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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
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We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
Kevin Raica and his team handled my immigration application and i can other recommend them enough. They made a stressful process very easy. They are very knowledgeable in this area and helped us at every stage from beginning to end.
Brittni Rivera She is my Attorney from 2017 Thank you so, so much. This truly wouldn’t have been possible without you, Brittni. Can’t wait to file for the green cards.
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
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