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International Adoption

Intercountry Adoption Requirements and Processes are different for:

(a) Hague Convention Countries.

(b) Non- Hague Convention Countries and

(c) Some Muslim Countries.

International Adoption Requirements and Processes are different for Hague Convention Countries:

  1. Adoption Procedures: Hague Convention Countries
  2.  Choose a U.S.-accredited Adoption Service Provider (ASP) as your primary provider. They will be a guide throughout the process.
  3. Obtain a home study from someone who is authorized to do so. The ASP will usually provide this service.
  4. File Form I-800A to obtain eligibility to adopt. Do this before adopting a child or being matched with a child.
  5.  Include the home study documents, fingerprinting, and other supporting documents when filing.
    • After approval of Form I-800A, get the primary provider’s help to apply to get a proposed adoptive placement with the Hague Convention country’s Central Authority.
    • The Convention country matches the prospective parent with a child and provides them with an Article 16 Report which details the child’s social and medical history.
  6. File a Form I-800 petition to determine the child’s eligibility to immigrate to the U.S. based on the adoption. Do this before adopting the child.
    • If applicable, file any waiver applications.
    •  After approval of Form I-800, the prospective parent will get a letter from the NVC that notifies them that their case has been assigned to a U.S. Consulate. From here, the prospective parent will have to submit Form DS-260 to obtain a visa for the child.
  7.  The consular officer will review Form DS-260 and send the Convention country an Article 5 letter. This letter states that the prospective parent is approved, and the child can enter and live in the U.S. permanently.
  8. Now the prospective parent can adopt the child. The Convention country will an Article 23 Certificate, which attests that the adoption complies with Convention rules.
  9. Attend the final visa interview scheduled by the Consulate and show valid adoption documents. The consular officer will then give final approval of the petition, give the prospective parent a Hague Certificate, and issue the child an IH-3 or IH-4 visa.
  10. If you live in the U.S., get a visa for the child and bring the child to the U.S. for admission.

Intercountry Adoption Requirements for Non- Hague Convention countries

Adoption Procedures: Non- Hague Convention countries

1. The process can be done independently, but it is recommended to get an Adoption Service Provider (ASP) that is licensed in the adoptive parents’ state to help with the process. This is because adoptions from non-Hague countries tend to have more state-level legal barriers than the federal level.

2. File Form I-600A with the USCIS to be deemed eligible as an adoptive parent.
a. Include required and supporting documents like fingerprinting and a valid home study.

3. In the child’s home country, adopt or gain legal custody of them.

4. File Form I-600 and include supporting documents to prove that the child qualifies as an orphan by the USCIS.
a. To adopt a child, the child must qualify as an orphan by the USCIS. There are four requirements.

5. The child must either have no parents or one parent who is unable to care for them and has released them for adoption.

6. The child must be under 16 at the time of the petition. However, if the child has any birth siblings who will also be adopted by the same parents, that child can be 16 or 17.

7. The adoptive parents must have fully adopted the child or obtained legal custody.

8. The child must be adopted jointly by a U.S. citizen and their spouse or by an unmarried U.S. citizen who is at least 25. The intent must be to have a bona fide parent/child relationship.
a. Additionally, the child’s original birth certificate must also be submitted. If the original is unavailable, a written explanation of why and evidence of the child’s identity and age must be submitted instead.

9. After submitting the I-600 petition, the adoptive parents will get a letter from the NVC that notifies them that their case has been assigned to a U.S. Consulate. From here, the U.S. Consulate informs the parents of the next steps and a consular officer completes Form I-604.

10. After approval of the I-600 petition, the Consulate will schedule an interview and notify the parents of what documents they will need to bring. Additionally, the prospective parent will need to submit a DS-260 or a DS-156 during the time of the interview.

11. After a successful interview, the consular officer will issue the child an IR-3 or IR-4 visa.

International Adoption Requirements for Some Muslim Countries

Adoption Procedures: Some Muslim Countries

Many Islamic countries do not follow the standard form of adoption in the U.S. Some countries may allow guardianship instead of adoption. Ultimately, adoption in Muslim countries is dependent on the laws of that country. However, typically the following steps will be part of the process: It is recommended to get the help of a Muslim adoption agency that is licensed in your home state, since they may be more well-versed with the requirements and practices.

The adoptive parents must gain legal custody of the child and comply with the laws of the child’s country. They must show documentation that indicates this. Documentation can be written consent from the Shari’a court or a legal document that indicates that the guardianship implies permission for the adoption and emigration of the child. The documentation and guardianship decree should be sent with the I-600 petition when the adoptive parents submit it.

Domestic Adoption of Prospective Adopted Child in the US - FAQ

Domestic Adoption: Child is from a Hague Convention Country

My relative’s minor child is in the U.S. on a B1/B2 tourist visa. He is from a Hague Convention country. I am a U.S. citizen and live in the U.S. Can I adopt him in the U.S.. and apply for his green card?

Since you are a “habitual resident of the US” and a US citizen, your relative’s minor child is from a Hague Convention country, and you are seeking immigration benefits (I.E., green card or citizenship for him), you must follow the Hague Convention country Adoption Procedure.

Domestic Adoption: Example 1: Child is from a Non-Hague Convention Country

My relative’s minor child is in the U.S. on a B1/B2 tourist visa. She is from a Non-Hague Convention country. I am a U.S. citizen and live in the U.S. Can I adopt her in the U.S.A. and apply for his green card?

Since you are a “habitual resident of the US” and a US citizen, your relative’s minor child is not from a Hague Convention country, and you are seeking immigration benefits (i.e., green card or citizenship for him), you can do domestic adoption without Hague Convention Adoption requirements.

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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