To learn which process to follow, check the State Department's list of Convention countries. In such cases, children being adopted obtain an immigrant visa in one of two ways: one process applies to children in Hague Adoption Convention countries, and a separate process applies to children in countries that are not party to the Hague Adoption Convention. citizen prospective adoptive parents, however, are unable to live abroad to satisfy the two-year requirement. Citizenship and Immigration Services (USCIS) I-130 petition ( Petition for Alien Relative) and receive an immigrant visa in the IR-2 category. Under the INA, a child who is adopted abroad while under the age of 16 and who has been in the legal custody, and has resided with, his or her adoptive parent(s) for at least two years may be the beneficiary of a U.S. law such children cannot immigrate to the United States. Because adoption laws vary from country to country, it is sometimes possible to adopt a child abroad who does not qualify for immigration under U.S. Immigration and Nationality Act (INA) in order to reside in the United States. Child's EligibilityĬhildren being adopted abroad must be found eligible to immigrate under the U.S. citizen parent(s) will usually be brought to live in the United States, that child will need an immigrant visa. Since a child being adopted abroad by a U.S. Embassy or Consulate in the foreign country where a child resides. visa before they can travel or move to the United States. Children adopted from other countries must first obtain a U.S.
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