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To complete an international adoption and bring a child to the United States, prospective adoptive parents must fulfill the requirements set by the United States Citizenship and Immigration Services in the Department of Homeland Security (CIS), the foreign country in which the child resides and sometimes the state of residence of the adoptive parent(s).
Although procedures and documentary requirements may seem repetitive, you should procure several copies of each document in the event they are needed to meet the requirements of CIS, the foreign country and your home state. The process is designed to protect the child, the adoptive parents and the birth parents.
Most adoptive parents, are not able to spend two years abroad living with the child. Therefore, they seek benefits under INA, Section 101(b)(1)(F), which grants immigrant classification to orphans who have been adopted or will be adopted by U.S. citizens. Under this section of the law, both the child and the adoptive parents must satisfy a number of requirements established by the INA and the related regulations, but the two-year residency requirement is eliminated. Only after it is demonstrated that both the parents and the child qualify, can the child be issued a visa to travel to the United States.
The following documents will be necessary at some point in the processing of the orphan petition.
Birth Certificate
Child Abuse Clearance
Divorce/Death Certificate
Financial Statement
Foreign Adoption/Custody Decree
Foreign Birth Certificate for the Child
Foreign Passport for the Child
Home Study
Letters of Recommendation
"Orphan" Status Document
Photographs of the Family
Photographs of the Child
Physician's Report
Physician's Report of the Child
Police Certificate
Power of Attorney
Verification of Employment
1040- Front Two Pages
In general, all agencies, whether state or private, require proof of citizenship, marriage (if a married couple), health, financial stability and information about arrests or certification of a clean criminal record. In addition, the home study (a report on the family prepared by a licensed social worker or other person licensed to perform home studies) normally is required by both the foreign government and the CIS. The local government of the country from which you wish to adopt, your chosen adoption agency, or attorney may request additional documents.
Eligibility for orphan petition. An application for advance processing may be filed by a married U.S. citizen and spouse. The spouse of the applicant does not need to be a U.S. citizen; however, he or she must be in a lawful immigration status. In addition, when a child is located and identified the following eligibility requirements will apply.
Child. Under U.S. immigration law, an orphan is an alien child who has no parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents. An orphan is also a child who has only one parent who is not capable of taking care of the orphan and who has, in writing, irrevocably released the orphan for emigration and adoption.
A petition to classify an alien as an orphan may not be filed on behalf of a child who is present in the United States, unless that child is in parole status and has not been adopted in the United States. The petition must be filed before the child's 16th birthday.
Adoption Abroad. If the orphan was adopted abroad, it must be established that both the married applicant and spouse personally saw and observed the child prior to or during the adoption proceedings. The adoption decree must show that a married prospective adoptive parent and spouse adopted the child jointly.
Proxy Adoption Abroad. If both the applicant and spouse did not personally see and observe the child prior to or during the adoption proceedings abroad, the applicant (and spouse) must submit a statement indicating the applicant's (and the spouse's) willingness and intent to readopt the child in the United States. If requested, the applicant must submit a statement by an official of the state in which the child will reside that readoption is permissible in that State. In addition, evidence must be submitted to show compliance with the preadoption requirements, if any, of that State.
Preadoption Requiremnts. If the orphan has not been adopted abroad, the applicant and spouse must establish that the child will be adopted in the United States by the prospective applicant and spouse jointly, and that the preadoption requirements, if any, of the State of the orphan's proposed residence have been met.
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