Adopted Children

[Solano 3]

My nephew is adopting two children (brother and sister) in Colombia. Ages are 12yo and 14yo. My nephew is a US Citizen as well as his wife. Once the adoption is completed, can my nephew just go to the US Embassy in Bogota and process the US Passports with all the documentation? Or does he need to apply with Immigration in the United Stated so they (the children) can enter legally and live in the US?

Thank you for your help.

 

[Lil bear 4,181]

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states

[Solano 3]

Thank you Lil bear. I am still confused. The adoption will take place in Colombia and at what point the kids adopted can travel with the parents to the US? Do they need to go to the US Embassy or do they have to wait in Colombia until documents are filed with USCIS in the United States?

[Lil bear 4,181]

1 hour ago, Solano said:

Thank you Lil bear. I am still confused. The adoption will take place in Colombia and at what point the kids adopted can travel with the parents to the US? Do they need to go to the US Embassy or do they have to wait in Colombia until documents are filed with USCIS in the United States?

Adoption of a child (born  overseas)  by a USC does not bring with it an automatic right to before USC.
 

The process of bringing an adopted child to the US seems  to depend on which path of adoption has been followed and whether the adoption is finalised in the US or overseas. 
 

There is just not enough information in your post to know which way the adoption is being completed. 
 

My “guess” is that unless it is being arranged by an authorised adoption agency following the Hague adoption process,   that they will need to need the “Immediate relative process” which can take years and has significant physical custody requirements ( ie parent must live with the child outside the US). Also,  the USCIS link identifies some issues with this process when adopting children from  Hague  convention countries but not through the Hague Process. 
 

I hope your nephew is fully researching this prior to any adoption, as he may unfortunately find himself with 2 adopted children who cannot enter the US to live for several years or worst case , cannot enter at all.  He needs an adoption immigration specialist  before he adopts anyone. 

Edited September 5 by Lil bear

[nastra30 2,284]

3 hours ago, Solano said:

My nephew is adopting two children (brother and sister) in Colombia. Ages are 12yo and 14yo. My nephew is a US Citizen as well as his wife. Once the adoption is completed, can my nephew just go to the US Embassy in Bogota and process the US Passports with all the documentation? Or does he need to apply with Immigration in the United Stated so they (the children) can enter legally and live in the US?

Thank you for your help.

 

Adoption for immigration is not as simple as just adopting and applying for a US passport. There's more to it than that as Lil Bear points above. But to answer your question, no the children cannot apply for a US passport in Colombia because they don't automatically become US citizens through adoption abroad. They'll have to be admitted in the US with some type of visa depending which adoption track is taken. Then based on what visa type they are admitted in US with, they could become USC upon admission or will need to be LPR first and naturalize at some point.

[Boiler 45,445]

Only USC's are eligible for US Passports.

 

Are they related to your Nephew?

 

Obviously as others have mentioned details matter, assuming they have used a legitimate adoption agency they will be very familiar with the process.

[Solano 3]

Thank you all for your help.

The two children are not related to my nephew. 

Thanks again.

[Boiler 45,445]

So this was done through an Agency?

[Solano 3]

Hi Boiler. The official entity in Colombia for adoptions is called ICBF. My understanding is that every adoption has to be done thru them and only them.

The adoption has not taken place just yet. My nephew is asking for help in finding out what is going to happen after they leave the ICBF with these two kids as theirs. Since my nephew and his wife are USC, he though that the process was much easier than explained here in VJ.

VJ help is greatly appreciated, but I am recommending my nephew to consult an immigration attorney.

Thank you.

 

[Lil bear 4,181]

22 minutes ago, Solano said:

Hi Boiler. The official entity in Colombia for adoptions is called ICBF. My understanding is that every adoption has to be done thru them and only them.

The adoption has not taken place just yet. My nephew is asking for help in finding out what is going to happen after they leave the ICBF with these two kids as theirs. Since my nephew and his wife are USC, he though that the process was much easier than explained here in VJ.

VJ help is greatly appreciated, but I am recommending my nephew to consult an immigration attorney.

Thank you.

 

Pass on this US state dept link to your nephew. It well help him understand the process of bringing the children to the US 

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Colombia.html

Edited September 5 by Lil bear