GETTING GREEN CARD
FOR YOUR ADOPTED CHILDREN
Each year, thousands of United States citizens adopt children from other countries with the intention of bringing the adopted children to the United States. Immigration through adoption, or “Intercountry adoption,” refers to the adoption of a child born in one country by an adoptive parent living in another country.
United States immigration law provides three different processes through which someone may immigrate on the basis on an intercountry adoption. An individual may immigrate under one of these provisions only if the individual’s adoption meets all the requirements of that specific process.
Two separate processes apply only to children adopted by U.S. citizens. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.
– The Hague Process: if the child habitually resides in a country that is a party to the Hague Intercountry Adoption Convention.
– The Orphan Process: (non-Hague): if the Hague Intercountry Adoption Convention does not apply.
Many aspects of The Hague and Orphan requirements are similar.
Another process applies to a U.S. citizen or permanent resident who may petition for his or her adoptive child through an Immediate Relative Petition.
Generally, adoption providers are not allowed to provide legal advice or represent the adoptive parents before the USCIS. This is where immigration lawyers come in because these providers are not immigration attorneys and will not be able to guide parents on how to get green cards for their children.
the Immigration process as a lawyer
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