Millar and Smith Immigration Attorneys

Adoption

Millar & Smith Immigration Attorneys provides experienced and affordable legal services and representation to individuals located anywhere in the United States and abroad to assist in the immigration and adoption of foreign born adopted children. International adoption or inter-country adoption is a complex process with intensive paperwork requirements. These adoptions are governed by U.S. federal law, the laws of the child's country of birth, and the laws of the adoptive parents' U.S. state of residence. A mistake can result in the adoption falling through.

Adoption may create child status for the acquisition of a green card or for claiming U.S. citizenship. Orphans qualify when adopted abroad or coming to the U.S. to be adopted. Adopted children can be considered children for immigration purposes where the child is adopted under the age of 16, and has resided in the legal custody of the petitioning parent for two years. We have helped many adoptees claim immigration benefits. Contact us for more information. We are always happy to let you speak directly with an immigration lawyer.

The adoption must take place before the child is 16 years of age. If the adoption is of a sibling, the sibling can be under 18 years of age. Two years of residency and custody are required for the transmission of status as child under U.S. immigration law, however, orphans are exempt. The residency may occur before or after adoption, and may be with only one of the adoptive parents. Legal custody requires an adoption decree - a power of attorney or sworn or notarized documents will not suffice.

The Hague Convention Intercountry Adoption Visa Process

Since April 2008 a new process applies to children adopted from countries that are party to the Hague Convention procedures "front-load" the immigrant visa petition and application processes. The goal is to protect children and families by identifying problems that could bar a child from immigrating to the United States before the adoption or grant of custody. This ensures that children adopted abroad (or brought to the United States for final adoptions) by U.S. citizen adoptive parents will be able to enter and reside permanently in the United States.

Non-Hague Convention Countries Intercountry Adoption Process

A separate process applies to children adopted from non-Hague Adoption Convention countries. There are two kinds of Non-Hague Adoptees. Children living overseas must qualify as orphans as defined by the Immigration and Nationality Act (INA) before they can be considered for U.S. permanent residence or citizenship.

Adopted Child Petition And Residency Application Procedure

Although most adopted and prospective adoptive children gain immigration benefits through the section of law on orphan petitions, there is another part of the statute where immigration benefits may be gained through adoptive relationships. Both sections specifically state that the natural parents may not gain any immigration benefits through their previous relationship to the child. At the present time, there is no limit on the number of petitions for adopted or prospective adoptive children which may be approved for any one petitioner.

Children Who Live For Two Years With an Adoptive or Prospective Adoptive Parent(s)

Immigration benefits may be gained under a section of the U.S. immigration law* based on an adoptive relationship if the child was adopted before the age of 16 or, in limited situations relating to the adoption of siblings, before the age of 18 , and if the child has been in the legal custody of and has resided with the adopting parent(s) for at least two years before the petition is filed. The two-year legal custody and residence requirements may take place before or after the adoption is final.

Our Services

We offer full service representation when adopting a child abroad, or when seeking immigration benefits for a child that has already been adopted. We will shepherd the process through agencies in the foreign country, the U.S. consulate and the U.S. Department of Homeland Security. Contact us to find out more about our services and your particular situation.