Immigration Through Adoption

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Chicago International Adoption Immigration Lawyers

Many adoptions happen on an intercountry basis. U.S. citizens and green card holders who are adopting overseas need to learn about the process and how their child can immigrate to this country. There are a number of different options, so you need legal counsel about the best way to get this done smoothly. Here are the three ways that adopted children can immigrate to this country. For information about your specific situation, contact immigration through adoption attorneys.

The Hague Process

This is an international treaty that protects the interests of children and their parents in the international adoption process. The child must be from a country that has signed the treaty. Currently, there are over 100 countries that participate in the Hague Process. You cannot adopt overseas until your application has been approved by USCIS. Therefore, prompt approval is a must, especially when you are dealing with a process that has many steps. USCIS even suggests that adopting parents find an immigration attorney to help with the process.

Orphan Process

When adopting a child from a country that is not a part of the Hague Treaty, you must use a different process. Then, you can only adopt a child who meets the legal definition of “orphan.” This means that they either have no parents or those unable to care for them. USCIS will conduct its own investigation to make sure that the child is an orphan. This could be a complicated adoption process given the numerous parts of the process where USCIS is involved.

Family-Based Petition Process

Green card holders and U.S. citizens could use the process of family-based immigration for children who are not from Hague Treaty countries. This would require that you have already had legal custody of the child for two years at the time that you try to bring the child into the United States. You would file a petition with USCIS for approval.

The international adoption process has its share of complexities, and you want to be ready to adopt when the opportunity arises. USCIS approval is a prerequisite for the process, and you want to ensure that this part of your adoption goes smoothly. Therefore, one of the first people that you need to speak with as part of your process is an immigration attorney.

We can assist you in understanding the process and what you may expect. We could give you legal counsel that could help you avoid some pitfalls that could slow down your adoption. The process is stressful enough already without paperwork or other mistakes that may cause roadblocks. An attorney will help you prepare your forms and will review them to ensure accuracy. We will also assist if USCIS wants additional information.

Experienced Immigration Adoption Attorneys

Contact the experienced immigration lawyers at Kriezelman Burton & Associates if you are interested in an intercountry adoption. It is never too early to begin getting legal advice, so your adoption process is the beginning of a dream for you and your family. We help families in Illinois, Indiana, Wisconsin, and Michigan. 

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