International adoption, or intercountry adoption, involves the process of parents from one country adopting a child from another country. The U.S. Department of State oversees this aspect of immigration law, with the United States Citizenship and Immigration Services (USCIS) facilitating it.
Initial approval for intercountry adoption applications must be obtained from USCIS. However, the final approval rests with the consulate of the adoptive child’s country, regulated by the U.S. Department of State. Each consulate ensures that the application complies with the specific regulations of the child’s country regarding international adoption.
USCIS offers three pathways for completing the intercountry adoption process, which is governed by the laws of both the child’s home country and the adoptive parents’ country. If the child’s country is a signatory to the Hague Adoption Convention Treaty, prospective parents must follow USCIS’s Hague Process, completing forms such as I-800A and I-800, along with consulate forms.
The Hague Convention aims to enhance protections for children, birth parents, and adoptive parents by establishing standardized rules and procedures for adoptions between participating countries. The United States became a party to this treaty on April 1, 2008. Prospective parents from the U.S. must adhere to the Hague process if the child’s country is a member.
If the child’s country is not part of the Hague convention, adoptive parents must follow USCIS’s Non-Hague Adoption process, known as the application to adopt an orphan, and complete forms such as I-600A and I-600.
USCIS’s third adoption process is for green card holders who wish to adopt a child from their native country, not falling under intercountry adoption. Such parents must follow USCIS’s I-130 Family Based Petition process, requiring residency in the adoptive child’s country for at least two years.
In summary, USCIS offers three international adoption procedures: Hague Convention Adoption, Adopting an Orphan from a Non-Hague Convention Country, and Family Based Petitions for U.S. Green Card Holders.
At Liberg & Associates, our immigration attorneys are passionate advocates for international adoption. We find immense fulfillment in assisting parents on their journey to expand their families and provide a nurturing, loving environment for children in need.
To receive assistance with your international adoption process and improve your chances of bringing your child to the United States, get in touch with our immigration attorney, Nadia Liberg, at (844) LIBERGLAW. Schedule your consultation with us today.
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