Adopting a child is a life-changing and rewarding experience. For families who choose to adopt children from overseas or bring children into the U.S. through domestic adoption, it’s important to understand the immigration process that allows adopted children to become lawful residents or U.S. citizens. At Rebecca Black Immigration, PA, based in Jacksonville, Florida, we are committed to helping families navigate the complex world of adoption and immigration.
In this blog post, we will explain the various immigration options available for adopted children, whether you are adopting from abroad or within the U.S. We’ll also discuss the legal steps you need to take to ensure that your adopted child can obtain lawful permanent residency or U.S. citizenship.
Understanding Adoption and Immigration
When adopting a child, especially from abroad, there are several immigration pathways to secure the child’s permanent status in the United States. The process varies depending on whether the child is being adopted from within the U.S. (domestic adoption) or from another country (international adoption).
Adoption brings with it specific legal responsibilities and benefits. While the process can be complex, it is essential for adoptive parents to understand their options to ensure that their adopted child can legally live in the U.S. and, in many cases, become a U.S. citizen.
Immigration Options for Adopted Children
The U.S. Citizenship and Immigration Services (USCIS) offers several immigration options for children who are adopted by U.S. citizens. These options differ based on the child’s adoption status, age, and whether the adoption is domestic or international.
1. The Hague Adoption Convention
The Hague Adoption Convention is an international treaty that establishes a framework for the protection of children in international adoptions. If the adoption occurs in a country that is a signatory of the Hague Convention, the adoption must follow certain procedures to ensure the child’s welfare and legal status.
In order for an adopted child to immigrate to the U.S. from a Hague Convention country, the adoptive parents must file a Form I-800 (Petition to Classify Convention Adoptee as an Immediate Relative). This process ensures that the adoption complies with U.S. immigration and adoption laws and safeguards the child’s rights.
Steps for Hague Convention Adoptions:
- File Form I-800A: This form is used to establish your eligibility as an adoptive parent.
- Adoption Process: You must complete the adoption in a Hague Convention country.
- File Form I-800: Once the adoption is finalized, you file Form I-800 to bring the child to the U.S.
- Visa Application: The child applies for an IR-3 or IR-4 visa. If the adoption is fully finalized in the child’s home country, the child will receive an IR-3 visa. If the adoption is finalized in the U.S., the child will receive an IR-4 visa.
- Child’s U.S. Citizenship: If the child enters the U.S. on an IR-3 visa, they automatically become a U.S. citizen upon arrival.
2. The Non-Hague Adoption Process
If the adoption occurs in a country that is not a signatory to the Hague Adoption Convention, the process for bringing an adopted child to the U.S. follows a different set of procedures. In this case, adoptive parents must file a Form I-600 (Petition to Classify Orphan as an Immediate Relative) with USCIS to establish the child’s eligibility for immigration.
An adopted child must meet the following criteria for the non-Hague adoption process:
- The child must be classified as an orphan (usually due to the death of one or both parents, or abandonment by the parents).
- The child must be under the age of 16 at the time of the adoption.
Steps for Non-Hague Adoptions:
- File Form I-600A: This form is used to establish your eligibility as an adoptive parent in non-Hague countries.
- Adoption Process: You must complete the adoption in a non-Hague country and meet all legal requirements.
- File Form I-600: After the adoption, you file Form I-600 to petition for the child to be classified as an orphan.
- Visa Application: The child will apply for an IR-3 or IR-4 visa, similar to the Hague process, based on where the adoption is finalized.
- Child’s U.S. Citizenship: If the child enters the U.S. on an IR-3 visa, they become a U.S. citizen automatically. If the adoption was finalized in the U.S., they will receive an IR-4 visa, and you will need to finalize the adoption in the U.S. for citizenship to be granted.
3. Domestic Adoption and U.S. Immigration
When a child is adopted domestically within the U.S., the immigration process may differ depending on whether the child is a U.S. citizen or not. If the child is born in the U.S., they automatically acquire U.S. citizenship by birth. However, if the child is born outside the U.S. or is not a U.S. citizen by birth, the parents will need to apply for immigration benefits for the child.
In the case of domestic adoption, a foreign-born child may need a visa or lawful permanent residency (Green Card) to live in the U.S. if they were not born in the U.S.
4. The Immigration and Nationality Act (INA) and the Child Citizenship Act of 2000
Under the Child Citizenship Act of 2000 (CCA), foreign-born children adopted by U.S. citizens can automatically acquire U.S. citizenship if certain conditions are met. This includes children who are adopted either domestically or internationally, provided that the following requirements are met:
- At least one parent must be a U.S. citizen.
- The child must be under the age of 18 at the time of the adoption.
- The child must be living in the U.S. in the legal and physical custody of the adoptive U.S. citizen parent.
- The child must be a lawful permanent resident (Green Card holder) of the U.S.
For children who were adopted abroad, the automatic citizenship applies when the child enters the U.S. with an IR-3 visa (if the adoption was completed abroad) or if the adoption is finalized in the U.S. with an IR-4 visa.
5. Special Immigrant Juvenile Status (SIJS)
In some cases, foreign-born children who are placed for adoption in the U.S. may qualify for Special Immigrant Juvenile Status (SIJS). This status is available for children who are under the jurisdiction of a U.S. court due to abuse, neglect, or abandonment.
Children who qualify for SIJS may apply for lawful permanent residency (Green Card) once the juvenile court issues a declaration that the child’s reunification with one or both parents is not viable due to the conditions mentioned above. SIJS can be a pathway to permanent residence for adopted children in cases of abuse, neglect, or abandonment.
Key Takeaways
- International Adoption: Adopted children from Hague Convention countries require the Form I-800, while those from non-Hague countries require the Form I-600.
- Automatic U.S. Citizenship: Many adopted children automatically become U.S. citizens upon arrival in the U.S. if they meet certain requirements.
- Domestic Adoption: Adopted children may need immigration benefits to become permanent residents or U.S. citizens, especially if they are foreign-born.
- Special Immigrant Juvenile Status (SIJS): Children who are abandoned or abused may qualify for SIJS, which can lead to lawful permanent residency.
Conclusion
Adopting a child is a beautiful and rewarding experience, but the immigration process can be complex, particularly for international adoptions. It is crucial for adoptive parents to understand the different immigration options available and the necessary steps to secure their child’s lawful permanent residence or U.S. citizenship.
At Rebecca Black Immigration, PA, we are here to help guide families through every step of the adoption and immigration process. If you are in the process of adopting a child or have any questions about immigration options for adopted children, our experienced team of immigration attorneys is ready to assist you.
Contact us today to schedule a consultation and learn more about how we can support your family through the immigration process!
