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How Do I Apply to Bring a Foreign-Born Orphan to the United States?
Who is Considered an Orphan? Who is Considered an Orphan? Who is eligible to file an orphan petition? Where Can I Find the Law? Read our information sheet on the Intercountry Adoption Act of 2000. How Do I Apply? Should I do "advance processing" if I've already identified the child?It is generally advisable for all prospective adoptive parents to do advance processing. You should do advance processing even if you are traveling to the country where the child is located and will file an orphan petition at an overseas INS office (or at an American consulate or embassy if there is no INS office in the country). By completing advance processing, you will ensure that INS has already processed the application that relates to your ability to provide a proper home environment and your suitability as a parent before you adopt a child in a foreign country. This is important, because you will not be allowed to bring a child that you have adopted to the United States if you are found to be unable to provide that child with a proper home environment or you are found unsuitable as a parent. What kind of information about myself and my spouse will I, as the petitioner, need to provide to the INS? You must provide proof of U.S. citizenship. If you are married and living in the United States, you must provide evidence of your spouse's U.S. citizenship or lawful immigration status as well as proof that you are married and that any previous marriages ended legally. You must submit a complete and current home study within prescribed time limits. You may also have to prove that you comply with the preadoption requirements of the state in which you will live with your adopted child. You must submit the required filing fee for your application, and be aware that each adult member of the household must be fingerprinted by the INS. (Please refer to The Immigration of Adopted and Prospective Adoptive Children (document M-249N, revised September, 2000) for specific information on this question). What kind of information about the child will I need to provide to the INS? You must provide:
(Please refer to The Immigration of Adopted and Prospective Adoptive Children (document M-249N, revised September, 2000) for more specific information on this question). Can I adopt a foreign-born orphan and bring him/her to the U.S. without involving the INS? There is no way an orphan can legally immigrate to the U.S. without INS processing. Can I adopt a child from any country in the world? Countries experiencing social or political upheaval. The Immigration and Naturalization Service shares your concern for the children of countries experiencing social or political upheaval. However, adopting children from a country in crisis is usually not a feasible way to assist them. There are a number of reasons for this. During times of crisis, it can be exceptionally difficult to fulfill the legal requirements for adoption of the child's country of origin. This is especially true when civil authority breaks down. Correspondingly, it can be very difficult to gather documents necessary to fulfill the legal requirements of the immigration law of the United States. Also, in a crisis situation, it can be extremely difficult to determine if children whose parents are missing are truly orphans. It is not uncommon in a hostile situation for parents to send their children out of the area, or to become separated during an evacuation. Even when children have been truly orphaned or abandoned by their parents, they are often taken in by other relatives. International conventions place a strong preference on keeping children within extended family units and within their culture as opposed to uprooting the child completely. Finally, corruption and lawlessness are more likely in such countries. This increases the risk that you may be provided with false documents or otherwise taken advantage of as you attempt to adopt a child. For these reasons, individuals considering adoption from a country in crisis should proceed with extreme caution. They should review the Department of State's website and contact their local INS office early in the process to avoid disappointment at not being able to complete the adoption and emigration of a child. Countries that do not permit adoption Some countries do not permit adoption and will grant legal custody only so long as the applicant for custody resides in that country. This is often true in countries that apply Islamic law. Children from such countries do not qualify for immigrant status in the U.S. Where Can I File My Application?You should file your advanced processing application with the INS office that serves the area where you live. Please see our INS field office home page for more information on INS office locations. Forms and INS' guide to orphan petitions are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see INS filing fees. Also, please see our fingerprints for more information on INS fingerprinting procedures. If I am a U.S. citizen, will the child I adopt automatically become a citizen too? Presently, adoption of a foreign-born child does not guarantee the child's eligibility to immigrate to the United States. If the orphan petition is approved, the child is considered to be an immediate relative of a U.S. citizen and the child can get an immigrant visa right away without being put on a visa waiting list. The child still must qualify for an immigrant visa just like any other foreign-born person. For example, the child may be inadmissible if he or she has a contagious disease of public health significance. When an orphan enters the United States with an immigrant visa, the child is considered to be a lawful permanent resident of the United States, not a U.S. citizen. However, in some situations, a child will automatically become a United States citizen immediately upon admission into the United States as a lawful permanent resident.For more information on citizenship, please see our naturalization Webpage. How Do I Find out the Status of My Application? Can I Appeal? Can Anyone Help Me? Frequently Asked Questions Please look at our recent press release statement on INS’ Review of Orphan Petition Processing in Vietnam. The State Department Website also has more information on international adoptions. You may also refer to information provided at the INS International Conference on Adoption. The above information has been obtained from INS and was last modified on 7/2/2002
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