adoption

[chinelo 0]

my sister has four kids and she lost her husband five years ago. when the husband died and to help her, my other sister and myself each took one of her kids to live with us. this was not done legally but just to help out. i came here four months ago and because of my constant worry about my niece who went back to her mother when i left nigeria to america, my husband suggested we adopt her. she is eleven years old.

so is there anyone here who has gone through the process of adoption. or know much about it. i will appreciate any help.

[arwensun1965 0]

I think in this case you really do need to talk to a lawyer, people adopt all the time so I can not see any reason why you two can not do it. Good Luck.

[wherezdabearz 0]

Well, I don;t think it's that simple....we've been looking into overseas adoption and of course, it's back to the USCIS again...!

I'm right at the beginning of my research but my understanding is that you can only adopt and confer US citizenship on a foreign-born 'orphan'. However, under US law this designation does not necessarily mean that both parents are dead (see below from USCIS website):

"Under U.S. immigration law, a foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday."

One of the married couple has to be a US citizen in order to confer citizenship on the child and the spouse must be in legal immigration status (so not sure if you have to wait until after AOS - depends on their interpretation of 'legal status'). You also have to have a home study, provide documentation re: birth certificates, marriage certificates, proof of income (as you would, in effect, be sponsoring the child). Sound familiar?? Also, each country has their own laws re: adoption so you'd need to find out about laws specific to the other country too.

Another visajourney, in fact...but like this one, I'm sure it's totally worth it!

All the best

Alison

[chinelo 0]

Well, I don;t think it's that simple....we've been looking into overseas adoption and of course, it's back to the USCIS again...!

I'm right at the beginning of my research but my understanding is that you can only adopt and confer US citizenship on a foreign-born 'orphan'. However, under US law this designation does not necessarily mean that both parents are dead (see below from USCIS website):

"Under U.S. immigration law, a foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday."

One of the married couple has to be a US citizen in order to confer citizenship on the child and the spouse must be in legal immigration status (so not sure if you have to wait until after AOS - depends on their interpretation of 'legal status'). You also have to have a home study, provide documentation re: birth certificates, marriage certificates, proof of income (as you would, in effect, be sponsoring the child). Sound familiar?? Also, each country has their own laws re: adoption so you'd need to find out about laws specific to the other country too.

Another visajourney, in fact...but like this one, I'm sure it's totally worth it!

All the best

Alison

thanks alison. i will have to go check out laws about adoption in nigeria. its a whole new journey. i know.

[Cassie 8]

My husband and I are seriously mulling over the possibilities of adoption, but with USCIS in the mix, and our hopes to possibly live in Canada part time or whatever, it seems that even adopting domestically may pose huge problems. very frustrating.

[wherezdabearz 0]

It is pretty disheartening when you think of having to have even more involvement with USCIS, but it looks more straightforward (and apparently faster) than the fiance and marriage visa petitions (I hope appearances aren't deceptive!).

We've been tentatively looking at Guatemala where the whole process seems to take about 9 months, they only ask that you've been married for one year, don't make you wait longer if you've been previously divorced (like China who are now saying if one of you has been divorced, you have to have been currently married for five years before you can adopt!) and where, importantly, the children are placed in foster care prior to adoption rather than coming from an orphanage.

What I haven't found out yet is if I would be able to confer UK citizenship on a foreign-born adopted child(who would be given US citizenship through my husband). Of course, if it's possible, it would involve even more paperwork, but I would think it would be worth it.

Cassie, maybe you'd be able to confer Canadian citizenship too (whether for international or domestic adoption), which might make living part time in Canada less of an issue? Or was that not what you meant?

Alison

[arwensun1965 0]

I did not mean to sound flipent or anything like that, just thought with it being family it may of been easier.

[marcycat 0]

I did not mean to sound flipent or anything like that, just thought with it being family it may of been easier.

I would think so too. In fact, a friend of mine was legally adopted by his uncle, who had immigrated to the US. His parents are still alive, but it was clear that he would have a better future in the US, so his uncle adopted him, he came here, now he's a citizen. Of course, this happened when he was a child, maybe things have changed.

Many lawyers will give free consulatations, so you could talk to a few and see what they can offer you that you can't figure out for yourself. Good luck!

[wherezdabearz 0]

I don't think it's that easy even for a family member. This is from the USCIS website:

Intercountry Adoption of Relatives

Is it possible for me to adopt a family member? Prospective adoptive parents wishing to adopt relatives from overseas should be aware of U.S. Government laws and regulations that may prevent such relatives from being able to enter the United States.

What are those laws/regulations? The U.S. requires that all children involved in intercountry adoption meet the definition of a “child” or an “orphan” as defined in the Immigration and Nationality Act (INA) sections 101(B)(1)(E) or before they can be considered for United States permanent residence/citizenship. If an adopted child does not meet one of these legal definitions, the child cannot immigrate to the United States.

How does the INA define an “orphan”? Under INA 101(B)(1), a United States citizen may petition for an adopted “orphan” to enter the United States if the petition is filed before the orphan turns 16 (or 18 for older siblings). The INA defines the word orphan under two conditions:

The child must either have no parents

A sole or surviving parent who is unable to care for the child and has, in writing, irrevocable released the child for emigration and adoption. A sole or surviving parent's inability to care for the child would be based on local (not U.S.) standards. Of special note is the fact that only a sole or surviving parent may release a child for adoption to a particular person.

What does it mean for a child to have “no parents”? A child would be considered to have no parents if both are determined to have died, disappeared, deserted, abandoned or have been lost or separated from the child.

What does the phrase “surviving parent” mean? A child would be considered to have a surviving parent if one natural parent died and the remaining spouse has not remarried.

How does the INA define “sole parent”? A child would be considered to have a sole parent if the child was born out-of-wedlock, the birth mother is not married, and the birth father did not legitimate the child and is either unknown or has abandoned, disappeared, deserted the child or released the child for emigration and adoption.

What is “abandonment” and how does this affect my adoption? Abandonment requires that the natural parents give up all parental rights, obligations and claims to the child, as well as all control over and possession of the child (without transferring these rights to any specific person). By definition, abandoned children may not be relinquished or released to prospective adoptive parents or for a specific adoption.

The child I would like to adopt does not fit into these categories. Is there another way I can petition for this child to immigrate into the United States? Under INA 101 (B) (1) (E), if the adoption took place before the child turned 16, and if the child has resided with the United States citizen in legal custody for at least two years, then the U.S. citizen may file an immigrant visa petition for the child. This generally applies only to U.S. citizens who live and work overseas.