If the child is habitually residing in the country of citizenship,
The process must proceed through the Convention.
If the child’s actual residence is outside his country of citizenship,
If the Central Authority (of that country) has determined that the child’s status in that country is sufficiently stable for that country,
Properly to exercise jurisdiction over the child’s adoption or custody.
“The child travels temporarily,
Or in conjunction with,
His or her adoption and/or immigration to the United States.”
Thus, If the child is in the U.S. as a Nonimmigrant, Parolee, or Entered Without Inspection,
If the child is otherwise ineligible to adjust or if,
The Central Authority in the other country requires the child’s return to approve the adoption,
The Convention does not preclude the adoption of the child in the U.S.
There may also be a situation where the Central Authority in the country determines that, From its perspective,
The Convention does not apply.
USCIS may conclude that the Convention does not apply in that situation and allow the person to adopt and file an I-130.
Similarly,
And the submission of an I-130 where the child is in the U.S.,
As long as the U.S.
Adopting court enters an adoption order that expressly states the Central Authority of the other country,
“Is aware of the child’s presence in the United States, and of the proposed adoption, and that the Central Authority has determined that the child is not habitually resident in that country.”