The adoption of a child feels wonderful. However, when you adopt a child outside the country, they are not automatically entitled to enter the United States. You need an immigrant visa for your child to enter the United States and enjoy your family time together. These visas are issued by the U.S. Department of State (DOS) either at the embassy or consulate in the foreign country to which your child originally belongs.
At One People Law, we have the skills and expertise to help you through the administrative complexities and legal matters surrounding foreign adoptions. Our Immigration Attorney in Hialeah will decide on the best path for a successful adoption that is in the best interest of your expanding family.
Bringing Your Adopted Child to the U.S. from a Hague Convention Country
The Hague Adoption Convention safeguards the interests of children, their biological parents, and adoptive parents. If you and your spouse are U.S. citizens, and the child you wish to adopt is born in a foreign country, then you must follow the Hague process. The primary principle of this convention is to ensure that each adoption is for the sake of the child’s overall well-being. It is done to prevent the abduction, sale, and trafficking of children.
The eligibility criteria to file Form I-800A and Form I-800 through the Hague Process are as follows:
- You must be a U.S. Citizen.
- You must be a habitual resident of the United States.
- If you are not married, you must be at least 24 years old when you file your Form I-800A. If you are 25 years old or older, you must file Form I-800.
The child must meet the following criteria to be classified as a Hague Convention Adoptee. They are as follows:
- Your child must be under the age of 16 at the time of filing Form I-800.
- Your child must be habitually resident in a Hague country.
- Your child must be eligible for adoption by the central authority of the country from where you are adopting. You must also have all the necessary consent forms for adoption.
Visa Types for Hague Adoptions
- IH-3 visa: It is issued for children with final adoption from a Hague Convention country.
- IH-4 visa: It is issued when an adopted child comes to the United States from a Hague Convention country.
At One People Law, our leading immigration attorney, Hialeah, guides you in every step of the adoption process to bring your child to the U.S.
Bring Your Adopted Child to the U.S. from a Non-Hague Convention Country
If the child you wish to adopt is not from a Hague country, you may be able to adopt through the orphan process. Our attorneys help file forms I-600A and or I-600 properly to bring your child to the U.S. through a non-Hague process.
Visa Types For Non-Hague Adoptions
- IR-3 visa: It is issued when the final adoption is completed abroad. It requires the parent (if unmarried) or at least one parent (if married) to physically see and observe the child before or during the adoption proceedings.
- IR-4 visa: It is issued to a child who is coming to the United States to be adopted. The child was adopted by only one parent (if unmarried). This visa is also issued when the child was not seen by the parent(s) before or during the adoption.
Immediate Relative Process
The immediate Relative Process is for those parents who wish to bring their adopted child to the U.S. but do not meet the requirements for the Hague or Non-Hague Process. In this regard, our best immigration attorney can explain to you the process of petitioning for an immediate relative visa to bring your child to the U.S. You may still be able to file Form I-130 in this process.
Visa Types for the Family-Based Petition Process:
IR-2 visa: This visa is issued to an adopted child before their 16th birthday (or 18th birthday if the sibling exception applies). It is also applicable to a child who was in the legal custody of the adopted parents and lived with them for at least 2 years.
Our lawyers help you apply for a visa for your child so that they can reside with you in the U.S. and live a happy life together.
What’s the Child Citizenship Status of Your Adopted Child After They Enter the U.S.?
Children with IR-3 and IH-3 visas acquire U.S. citizenship automatically if:
- These children enter the United States as lawful permanent residents before their 18th birthday.
- When a child resides in the United States under the legal and physical custody of its parents, who are U.S. citizens, the child becomes a permanent resident.
Children with IR-4 and IH-4 visas:
- The children acquire automatic citizenship after their admission to the U.S., but instead, they become permanent residents.
- If the child is adopted before his/her 18th birthday, he/she will acquire citizenship on the date of entry into the United States.
Children with IR-2 visas:
- Children under 18 will automatically acquire U.S. citizenship if they reside with their parents in the country.
- Children over 18 years old will become permanent residents and receive a Green Card.
If your children with IR-2 visas did not acquire U.S. citizenship, you can apply for naturalization under the One People Law.
Contact an Immigration Lawyer to Bring Your Adopted Child to the U.S.
In most cases, you may feel certain about the adoption process with your adoption service provider. Still, they are not legally allowed to provide you with legal advice or represent you before USCIS. Therefore, you need to consult an experienced immigration attorney in Hialeah to help you take the necessary legal steps to bring your child to the U.S. We help you understand the forms, waivers, and documents specific to your situation and represent your interest during the adoption and immigration process. Contact our expert attorneys for any immigration-related legal services.