Adoption

There are three kinds of International Adoption Procedures:

The Hague Convention Intercountry Adoption Visa Process

Since April 2008 a new process applies to children adopted from countries that are party to the Hague Convention procedures "front-load" the immigrant visa petition and application processes. The goal is to protect children and families by identifying problems that could bar a child from immigrating to the United States before the adoption or grant of custody. This ensures that children adopted abroad (or brought to the United States for final adoptions) by U.S. citizen adoptive parents will be able to enter and reside permanently in the United States

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Non-Hague Convention Countries Intercountry Adoption Process

A separate process applies to children adopted from non-Hague Adoption Convention countries. There are two kinds of Non-Hague Adoptees. Children living overseas must qualify as orphans as defined by the Immigration and Nationality Act (INA) before they can be considered for U.S. permanent residence or citizenship.

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Adopted Child Petition And Residency Application Procedure

Although most adopted and prospective adoptive children gain immigration benefits through the section of law on orphan petitions, there is another part of the statute where immigration benefits may be gained through adoptive relationships. Both sections specifically state that the natural parents may not gain any immigration benefits through their previous relationship to the child. At the present time, there is no limit on the number of petitions for adopted or prospective adoptive children which may be approved for any one petitioner.

Children Who Live For Two Years With an Adoptive or Prospective Adoptive Parent(s)

Immigration benefits may be gained under a section of the U.S. immigration law* based on an adoptive relationship if the child was adopted before the age of 16 or, in limited situations relating to the adoption of siblings, before the age of 18 , and if the child has been in the legal custody of and has resided with the adopting parent(s) for at least two years before the petition is filed. The two-year legal custody and residence requirements may take place before or after the adoption is final.

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California Adoptions

There are two main kinds of adoptions in California: Independent and Agency adoptions.  There are also step-parent adoptions, which are Independent but the rules differ.

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