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Bringing Your Child Home After International Adoption
Contributor: Van T. Doan
International adoption is both rewarding and challenging. The reward, of course, is getting to welcome a child into your family. The challenges include completing all necessary immigration filings and processes so that your child obtains lawful permanent resident and/or U.S. citizenship upon entry. Here are some things you will need to be aware of when bringing your child home after an international adoption.
Hague Convention Adoption vs. Non-Hague Adoption
If the country from which you adopted your child is a party to the Hague Convention on Intercountry Adoption (also known as the Hague Adoption Convention), you may have to observe different requirements than if you are adopting from a non-Hague country. Though the list of countries that are parties to the Hague Adoption Convention is long, some countries from which American families may adopt are not on that list, including Russia, South Korea, Vietnam, Ukraine, Pakistan, and Nigeria.
Requirements for Adopting from a Hague Convention Country
If the country from which you are adopting is a party to the Hague Convention, the following requirements apply:
U.S. Immigration Forms
You must complete Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative and Form I-800A, which seeks a determination of eligibility to adopt a child from a Hague Convention country. This form requires you to present proof of your citizenship and evidence that you have complied with pre-adoption requirements in your home state, including a home study, among other requirements.
Central Adoption Authority and Accredited Agency Required
These adoptions require that there be a central authority in both countries to oversee international adoptions and ensure that laws, including the Hague Convention, are complied with. In the United States, the central authority is the U.S. Department of State. Intercountry adoptions from Hague Convention countries also require that Hague-accredited adoption service providers and agencies be used in the adoption process.
Pre-Adoption Approval Required
The Hague Adoption Convention requires that the U.S. Citizenship and Immigration Services (USCIS) determines your suitability to adopt, including information about your finances, health, and family, a satisfactory home study, and background checks. If you successfully pass these requirements, and the child is determined to be eligible to emigrate to the U.S., you may begin the process of obtaining a visa for the child.
You must not adopt the child or accept a legal placement of the child before your Form I-800 is provisionally approved. Doing so may affect your child’s eligibility for a visa. A child to be adopted under the Hague Adoption Convention may receive an IH-3 or IH-4 visa. An IH-3 visa is for adoptees whose adoptive parents saw the child in person before or during the finalized adoption in their home country. A child with an IH-3 visa automatically becomes a U.S. citizen upon entering the United States.
An IH-4 visa is for adoptees whose adoption has not been finalized in their home country and who must enter the United States to have the adoption finalized here. Children with IH-4 visas become lawful permanent residents upon entry into the United States, but they do not automatically become citizens and parents must finalize the adoption, then apply for a Certificate of Citizenship using for their newly-adopted child using Form N-600.
Differences When Adopting From a Non-Hague Convention Country
Different immigration forms are required when adopting from a non-Hague country: Form I-600 Petition to Classify Orphan as an Immediate Relative, and Form I-600A, Application for Advance Processing of an Orphan Petition. There is no requirement of a central adoption authority for non-Hague adoptions as there is for Hague Convention adoptions. However as of 2014, the Universal Accreditation Act of 2012 requires adoptive parents to use a pre-approved accredited agency for all adoption cases.
Parents adopting a child from a non-Hague country are also not required to get U.S. approval prior to completing their child’s adoption. Children whose adoptions are completed abroad receive IR-3 visas and have automatic U.S. citizenship; those with IR-4 visas (adoption not completed abroad or parents did not see the child in person prior to adoption) may or may not, depending on state law. Some states require that the adoption be completed in state court, while other states automatically recognize the foreign adoption decree.
Do I Need to Have an Immigration Attorney for an Intercountry Adoption?
It’s wise to consult with both an adoption attorney and an immigration attorney if you are adopting a child from another country. With immigration policy in the United States rapidly evolving, you want to be sure that you have the most current information and that you are fulfilling all requirements—including those necessary to ensure that your adopted child becomes a citizen. Unfortunately, some now-adult adoptees whose parents failed to apply for their citizenship find themselves in a terrible legal bind. To learn more about bringing your child home after international adoption, and to get the immigration help you need for them, contact our law office to schedule a consultation.