Adoption and Immigration—How does the process work? By: Nicole C. Dillard, Esq. Many families abroad and here in the United States, face major decisions regarding adopting a child. Over 20,000 inter-country adoptions are taking place per year in addition to the more than 200,000 foreign adopted children already living in the U.S. The Department of Homeland Security and the USCIS play a key role in facilitating the immigration process of many foreign born children who are adopted by U.S. Citizens or Lawful Permanent Residents. There are two ways to bring an adopted child into the United States: 1. Adopt a child who is already an orphan and who automatically becomes eligible to enter the United States as an immediate relative. (An orphan, for immigration purposes, is one who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper case and has, in writing, irrevocably released the child for emigration and adoption…) Only U.S. citizens are eligible to immigrate a child as an orphan. 2. Adopt a child and reside with that child for two years prior to petitioning for the child. U.S. Citizens and lawful permanent residents may immigrate a child with whom they have lived for two years. The adoption of a foreign-born orphan does not automatically guarantee the child’s eligibility to immigrate to the United States. The adoptive parent needs to be aware of U.S. immigration law and legal regulatory procedures. An important point to note is that if you are considering adopting an older child, you should be aware of the age limits on eligibility for adoption and immigration, regardless of whether your local state rules allow for the adoption. Generally, in order to adopt a child and immigrate that child to the United States, the child must be under the age of 16. However, there are two exceptions: n Siblings of a child adopted by the same parents may be adopted if under 18; and n Orphans over the age of 16 may be adopted as long as the I-600 (Petition to classify an orphan as an immediate relative, which demonstrates the parent’s intent to adopt the child) was filed on their behalf BEFORE their 16th birthday (or in the case of an orphan who is the sibling of a child adopted by the same parents, BEFORE their 18th birthday). If you adopt a child within the allowable age provisions, and you live with the child for two years as the child’s primary caregiver, then you may filing the necessary petition on behalf of that child. Even if you adopt or intend to adopt a child who meets the legal definition of an orphan, you may petition for that child at any time prior to the child’s 16th or 18th birthday (as described above), even if the adoption takes place subsequently (in some states, the adoption may not be final until the child comes to the U.S. and the adoption is registered with the courts). If you are considering adopting a child and wish to have that child to legally immigrate to the United States, please confer with an immigration attorney to discuss your child’s eligibility to immigrate to the United States. ______________________________________________________________________________ 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: 626-799-3999 Fax: 626-799-9966 MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: 301-251-2636 Fax: 301-251-0313