Why can’t I get my adopted orphan into the U.S.? It’s essential to consult with an immigration lawyer to navigate this complex process of bringing an orphan to the U.S.
Question: My husband and I have tried for years to have a baby. Unfortunately, we have been unable.
However, we have found a beautiful baby girl from the Far East.
She is an orphan and we thought we could just adopt her and bring her back to the U.S. It appears that this is not the case.
Please let me know what we have to do to bring our future daughter home. Consulting an immigration lawyer could help in this case.
Answer: First, the child has to qualify as an orphan.
Next, you have to qualify to adopt the child. For an orphan petition, you must be a U.S. Citizen and adopting the child jointly with your spouse. Alternatively, one can be an unmarried U.S. Citizen who is at least 25 years old. An immigration lawyer can guide you through these requirements.
Question: How do we go about adopting the orphan?
Answer: There are two ways to adopt an orphan.
the child may come to the United States for adoption by the couple or unmarried person if they have complied with the preadoption requirements, if any, of the child’s proposed U.S. residence.
In addition, the Immigration must be satisfied that proper care will be provided for the child. Seeking advice from an immigration lawyer could be crucial in this process.
Question: How do we petition to get the orphan here into the U.S.?
Answer: Petitioning for an orphan involves two distinct determinations. The first determination focuses on the ability of the prospective adoptive parent(s) to provide a proper home environment and on their suitability as parents.
This determination is based primarily on a home study and fingerprint checks submitted with the advanced processing application.
The second determination, based on the orphan visa petition, concerns whether the child is an orphan under the INA. An immigration lawyer can assist you in preparing these documents.
Question: After both petitions are filed, how can I bring our child into the United States?
Answer: First, an orphan petition can be denied for a variety of reasons, including:
(1) failing to establish financial ability to care for the child;
(2) failing to establish that the child is an orphan;
(3) failing to establish an ability to care for the child properly;
(4) evidence of child-buying.
The regulations define child-buying as any money or other consideration given directly or indirectly to the child’s parents, agents, or other individuals as payment for the child or as an inducement to release the child.
As of February 27, 2001, an orphan becomes a U.S. citizen automatically upon admission to the United States, as long as the child is entering on an immigrant visa.
