Immigration for Internationally Adopted Children

Like any individual coming to live in the United States, a child adopted from a foreign country must obtain a U.S. visa before the child can travel or move to the United States. When adoptive parents go to the home country of their child, they can obtain a visa for their new child at either the U.S. Embassy or Consulate located in the country where the child has been living. A child being adopted internationally is typically going to live in the United States and will therefore require an immigrant visa.

The first thing to consider when adopting internationally is whether the child in question is eligible for adoption under the U.S. Immigration and Nationality Act. Because the adoption laws of various countries are different from country to country and from the laws of the United States, it is often possible to adopt a child abroad who does not actually qualify for an immigrant visa under the laws of the United States. Because of this, some children cannot immigrate to the United States.

The first way to qualify under the INA is by being under 16 and have been in the legal custody and resided with the adoptive parents for a minimum of two years. These children may immigrate to the United States like the biological children of a U.S. citizen. Unfortunately, most adoptive parents are unable to live abroad for two years with their child and so most fall under the second category.

The majority of children are adopted as orphans who are being adopted by U.S. citizens. These children can obtain a visa in one of two ways: the first process applies to children who are from countries that are part of the Hague Adoption Convention and the second is for children who are from countries not part of the Hague Adoption Convention.

Contact a San Jose Adoption Attorney

For more information on immigration and citizenship for internationally adopted children, contact the San Jose adoption attorneys of the Law Office of Daniel Jensen at 408-296-4100.