Adoption, as discussed here, is mainly for the adoption of a foreign born child involving immigration considerations and therefore also known as “foreign adoption” or “inter-country adoption” or “international adoption.” For domestic adoptions that do not involve immigration considerations, please check our "ciivil litigation & family laws" section. Each year, thousands of U.S. Citizens adopt children from overseas and therefore each of those adoptions do include an important process or consideration in immigration, as part of the time consuming and often a complicated journey involved in all “foreign adoptions.”
As it relates to US immigration process, the following are within the jurisdiction of USCIS:
1. Determining the eligibility and suitability of the Prospective Adoptive Parents (Individuals) looking to adopt.
2. Determining the eligibility of the child to immigrate to the United States.
Which Process Does It Apply in Your Case?
There are three processes for adopting a child internationally, and two separate processes apply only to children adopted by U.S. citizens, namely:.
- Orphan (Non-Hague); and,
- U.S. citizen or Permanent Resident who may petition for his/her adoptive child through an Immediate Relative Petition.
Factors that might prescribe Which process would be applicable in your situation also include where (from which country) you choose to adopt.
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