Intercountry Adoption Visa

Updated on Thursday 09th June 2016

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Every year thousands of U.S. citizens adopt children from overseas and a lot of families from abroad adopt U.S. children. Intercountry adoption is ruled by the legislation in the country where the child is currently living, as well as that of the country where the adoptive parents live. According to the law in the U.S., there are two different intercountry adoption processes:

•    the Hague Convention process; and
•    the non-Hague Convention process.

The process followed by each particular case depends on whether the country involved is party to the Hague Convention or not. 
 

Visa in the U.S. for your adopted child


A foreign child adopted from another country by U.S. citizens has to be issued first an immigrant intercountry adoption visa in the U.S. before he or she can live or travel into the country. The visa is granted by the U.S. Embassy or Consulate in the child’s country of origin. 
 

Eligibility for the intercountry adoption visa in the U.S.


A child adopted from abroad has to be eligible in order to immigrate according to the U.S. Immigration and Nationality Act (INA) to be able to reside inside the U.S. As adoption legislation varies depending on the child’s country of origin, sometimes it is possible to adopt a child overseas who is not eligible for immigration according to the U.S. law; these children are not able to immigrate to the U.S.

According to INA, a child who is adopted from a foreign country while under 16 years of age and who has been under legal custody, and has lived together with, his or her adoptive parent(s) for minimum two years could beneficiate a U.S. Citizenship and Immigration Services (USCIS) I-130 petition (Petition for Alien Relative) and be granted an intercountry adoption visa in the IR-2 classification. 

Generally however, most possible adoptive parents are not able to live overseas to fulfill the two-year condition. In these cases, children who are adopted are issued the intercountry adoption visa in one of the following ways:

•    One method applies to children from countries which are part of the Hague Convention;
•    A different procedure applies to children originating from countries which are not part of the Hague Convention. Our immigration lawyers in Miami can provide information on what this particular process consists of.

The process of receiving an intercountry adoption visa in the U.S. is complicated, however with the right assistance, you can successfully undertake it. Our immigration attorneys in Miami can help. Please contact us for more details.

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