Immigration Has No Borders
Obtaining a Lawful Permanent Residency through adoption has become a complex field of law, which requires adoptive parents to follow certain international treaties and procedures. Different sets of rules and procedures apply to obtaining an immigrant visa abroad depending whether the child is a habitual resident of a Hague Adoption Convention country or a Non-Hague Adoption Convention country. Further, Hague Adoption Convention applies only to adoption by a U.S. Citizen and it does not apply to adoption by a Lawful Permanent Resident.
The Hague Adoption Convention is an international treaty entered into by over 70 countries with a common goal—to safeguard and unify the standards of international adoption while prioritizing the best interests of the child. For prospective adoptive parents in the United States, understanding the Hague Adoption Convention is crucial when considering intercountry adoption.
The rules and procedures outlined in the Hague Adoption Convention are mandatory when the intercountry adoption takes place between the United States and one of the Hague Adoption Convention countries. Additionally, these procedures apply in every “orphan” adoption case involving Hague Adoption Convention countries.
To determine which countries are part of the Hague Adoption Convention, you can visit the Department of State’s website for the current list of member countries. This information is essential for prospective adoptive parents to ensure compliance with the Convention. It’s important to note that the Hague Adoption Convention applies exclusively to adoptions by U.S. citizens. Lawful Permanent Residents (Green Card Holders) are not subject to the Hague Convention in their adoption processes. Even if a Lawful Permanent Resident later becomes a U.S. citizen, the child’s adoption and immigration are not regulated by the Hague Convention.
If you are considering a Hague adoption, here’s what you need to know:
Orphan intercountry adoption involves adopting a child who has been deemed an orphan under the immigration laws of your home country. Here are the key steps:
To learn more about the process chart of Hague and Orphan intercountry adoption process, USCIS website can be accessed here.
Certain countries are not members of the Hague Adoption Convention. Therefore, Inter-country adoption between the United States and the non-Hague Adoption Convention countries must follow non-Hague Adoption Convention rules and procedures.
Foreign-born relatives can be adopted by the extended family members, if the child qualifies for adoption under U.S. law and their country’s laws. Foreign-born children may qualify to immigrate to the United States if the following requirements are met:
A child who lives in a country that is a member of the Hague Adoption Convention must meet the Convention standard of an adoptee. The Department of State’s website can be accessed for more information about adopting a relative at: Adoption State
To qualify for an immigrant visa, a child in Hague Adoption Convention countries must meet the definition of a Convention adoptee. A foreign-born child in non-Hague Adoption Convention countries must meet the U.S. definition of an orphan. A foreign-born child may qualify to immigrate to the United States as an orphan if the following requirements are met:
For additional information about our ability to assist you in obtaining green card through adoption, contact us for reliable advice.