I thought that being adopted would help me to apply for the green card. I dont expect to become a legal resident in the next day. I know there are papers and procedures to be taken...
Again, if I do become adopted, would it allow me to apply for a green card?
thanks again everyone.
William
Nope. Adoption of adults is NOT able to be used as an end run around immigration requirements.
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INTERNATIONAL ADOPTION
HOW CAN ADOPTED CHILDREN COME TO THE UNITED STATES?
Prospective adopting parents are strongly encouraged to consult the Department of Homeland Security’s Citizenship and Immigration Services (DHS/CIS) publication M-249, The Immigration of Adopted and Prospective Adopting Children , as well as the Department of State publication, International Adoptions. The CIS publication is available at the USCIS Web site at
http://uscis.gov . The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs Web site,
http://travel.state.gov , under “International Adoptions.”
A child adopted by a U.S. citizen and who will reside in the US must obtain an immigrant visa before he or she can enter the U.S. Issuance of visas is governed by the Immigration and Nationality Act (INA), which currently provides for two categories of adopted children to immigrate to the United States. The first category, as provided in INA 101(b)(1)(E), allows a child adopted by an American citizen before they reached the age of 16 who has already resided with the adoptive parent in their legal custody for two years, to immigrate to the United States. The second category, as provided in INA 101(b)(1)(F), allows an “orphan,” as defined by U.S. law and regulations, to immigrate. Since most parents adopting overseas do not meet the custody and residence requirements of 101(b)(1)(E), the focus of this information sheet is on 101(b)(1)(F) orphans. Parents who believe that their situation may fall into the first category should contact their nearest USCIS office or Embassy or Consulate for additional information. The Department of State strongly advises U.S. citizens to verify that a particular child will fit into one of these two categories per U.S. immigration law and regulations before proceeding with an adoption. A consular officer cannot issue a visa to an adopted child if he or she does not meet the legal definitions of 101(b)(1)(E) or 101(b)(1)(F).
WHAT IS AN ORPHAN?
If an adopted child has not resided with and been in the legal custody of the adopting parent for at least two years (or if the child has not yet even been adopted)
the child must qualify as an orphan under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:
The child must be under the age of 16* at the time an I-600 Petition is filed with the USCIS or a consular officer on his or her behalf;
The child meets the U.S. immigration law definition of “orphan” because:
The child has no parents due to the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents; or
The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption**;
The adopting parents must have completed a full and final adoption of the child or must have legal custody of the child for purposes of emigration and adoption in the U.S.; and
The child has been or will be adopted by a married U.S. citizen and spouse jointly, or by an unmarried U.S. citizen at least 25 years of age, with the intent of forming a bona fide parent/child relationship.
*A child adopted at age 16 or 17 will also qualify, provided he or she is a natural sibling of a child adopted, or who will be adopted, under the age of 16 by the same adopting parents.
**Prospective adopting parents should note that the terms “disappearance,” “abandonment,” “desertion,” “separation,” “loss,” and “sole” and “surviving” parent all have specific legal meanings, as defined in section 204.3(b) of Title 8 of the U.S. Code of Federal Regulations. Whether a child qualifies as an orphan is determined by reference to the U.S. regulatory definitions and not by any local (foreign) law designations that may be used to identify a child as orphaned. In some countries it is possible to adopt a child who is not an “orphan” as defined by U.S. immigration law. Parents are urged to seek advice about the possibility that an adopted child would not be considered an orphan and therefore would not be able to accompany his or her adopting parents to the United States. Immigration attorneys, reputable adoption agencies involved in international adoption, DHS/CIS and the Department of State officials all have information that will assist you in addressing this serious concern.
U.S. IMMIGRATION PROCEDURES FOR ORPHANS
Adjudicating an orphan case requires the following steps:
Adopting parents establish their suitability for an international adoption, usually through an approved I-600A filed with USCIS;
Adopting parents establish that a particular child may be classified as an orphan, as demonstrated by an approved I-600 petition and confirmed through a review of the orphan determination (I-604) – paperwork may be completed by a USCIS or consular officer at a U.S. Embassy or Consulate overseas;
A visa application is filed on behalf of the child, providing all necessary documentation for production of the visa and demonstrating that no legal impediments to visa issuance apply – a consular officer will review the application at a U.S. Embassy or Consulate overseas;
If approvable, the visa is issued, and the child travels to the U.S. and obtains citizenship, either upon entry or upon completion of a full and final adoption in the U.S.
Additional details on this process are provided below.
