Practice Area
Citizenship and International Adoption
Citizenship (Naturalization):After attaining the requisite physical presence in the US a Permanent Resident, or Green Card Holder will have the ability to Naturalize (become a US Citizen), and acquire rights granted exclusively to US Citizens, such as the right to vote. The requirements for US Citizenship are as follows:
- Must be at least 18 years old;
- Must have “good moral character”, which means that criminal violations can cause significant problems for people seeking US citizenship;
- Must have lived in the US for the entire five or three year period, while psychically present for ½ of the time ( 2 ½ out of 5 years or 1 ½ out of 3
years). Additionally, if you have spent a continuous period of 180 days or more outside of the US you face additional restrictions on when you can apply for US citizenship. - Must have resided in the same immigration district for the past three months prior to applying;
- Must have filed US income tax and continuously resided in the US from the time of the application until the swearing in ceremony, finally granting US Citizenship.
International Adoption:
The decision to adopt internationally involves complex issues and emotions and can be financially taxing on a family, especially when international travel is required. In order to adopt a child born outside of the US, prospective US parent(s) must abide the laws in the child's home country as well as any adoption laws that exist in the US adoptive parent(s) state of residence.
Due to the complexities and fraud involved in adoption cases, the US has recently ratified the Hague Adoption Convention which drastically changes the requirements for adopting a child abroad. Over 70 countries, including India, China and most of Africa are signatories as is the United States. A country must be a signatory to the treaty in order to be subject to its provisions.
PLEASE NOTE: The provisions of the Hague Convention on International Adoption severally restrict direct adoptions or adoptions through non accredited agencies or persons. Please ensure that you have reviewed the agency or individual assisting with the adoption prior to proceeding. More information can be found at the Department of State’s Web site: http://travel.state.gov/family/adoption/adoption_485.html.
Two Methods of Adoption:
NOTE:
The methods described below have additional requirements when the child being adopted comes from a Hague Signatory Country. If the child’s home country is not a signatory to the treaty, even though the US is, the restrictions of the Hague Adoption Convention DO NOT APPLY.
Two Year Legal Custody: This is the most common form of adoption for a child who is not an orphan or a relative. If there is a living parent, the American government and, usually, the foreign government require that the child has been legally and irrevocably released for adoption consistent with the law in that country. The provisions are applicable to orphans as well if the physical presence requirement can be met.
In order to adopt a child who is a relative or non-orphan, the following criteria must be met:
- The child must have physically resided with and been in legal custody of the prospective adoptive parent for two years.
- The US Citizen parent must have adopted the child legally in the US or abroad prior to the age of 16.
- The US Citizen Parent must have been solely and completely responsible for all finances surrounding the care of the child for the previous two years.
Orphan: If the child has not resided with the US Citizen parent for two years, or is an orphan and lives overseas, then the US parent(s) must prove that they are able to meet their state of residence adoption requirements, including but not limited to an in-home study by an accredited agency, proof of financial security, evidence of a loving environment and characteristics to adequately raise a child. In general, all agencies, whether state or private, require proof of citizenship, marriage (if a married couple), health, financial stability and information about arrests or certification of a clean criminal record.
The adoptive parents must satisfy the requirements of the child’s country for adoption. In some cases, this will require that the US parents spend time with the child overseas. The child must also be proven to be an orphan and legal custody relinquished by both parents. No money or other remuneration can have been provided for the adoption.
Process: The Orphan Petition form has two parts: I-600 and I-600A. For Hague Adoption Convention cases, the forms are I-800 and I-800A. The I-600/800 is used when a specific child has been identified by the adoptive parents. The adoptive parents file all forms with their local CIS office. The local CIS office determines if the all of the requirements for approval have been met and whether the case can be approved. Once the case is approved, the appropriate Embassy or Consulate is notified for visa issuance.
The I-600/800A form should be filed if the prospective adoptive parent(s) have not yet identified a child or plan to go abroad to locate a child for adoption. This application is also filed at the adoptive parent’s local CIS office in the United States. As with the I-600/800, the case is evaluated for approval and criminal background checks are conducted on the adoptive parents. The US Consulate or Embassy is notified and the adoptive parent has the option of filing the I-600/800 at the local CIS office or at the Consulate/Embassy overseas once the child has been identified. Although only one parent must be present to file the I-600 petition overseas, that parent must be a U.S. citizen. Once the I-600 is approved, the child may be processed for entry into the US.
CAVEAT: There are numerous additional requirements regarding the release of the child that the US Consulate or Embassy determines in processing paperwork:
- Is the child truly an orphan and have all of the requisite parental releases been secured if necessary.
- Does the child have any diseases that would render him/her ineligible to enter or would require a waiver?
- Has all of the paperwork including the home study been properly processed?
Please view the above as a brief outline. Please review all of the information at the US Department of State’s site, www.travel.state.gov.,
for additional information or feel free to contact our office or an accredited US International Adoption agency.
