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.
What Our Clients Say
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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.
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett, we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and for standing by me during such…
I used their services for my case, and everything went smoothly. Rafael and Matthew are very knowledgeable and helpful, and answered all my questions. I highly recommend them!
I have used their services since 2022, and my experience was great. My own case was successfully finished this year. I want to say Matt and Raf were of great help throughout, and also Jennifer, who attended the interview with me. I would highly recommend their services.
Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
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