Lawful permanent residents (LPRs) which include Green Card holders may bring an adopted foreign-born child to the United States as a “child” under Section 101(b)(1)(E) of the Immigration and Nationality Act (INA) based on an approved Form I-130, Petition for Alien Relative.
Requirements
However, this section of the INA requires a few things:
1) the child be adopted while under the age of 16 (or 18 if the sibling exception applies),
2) that the child has been in the legal custody of the adoptive parent for at least two years,
3) that the child has jointly resided with the adoptive parent for at least two years.
These requirements must be satisfied before the LPR adoptive parent(s) may file an immigrant visa petition for the child. As a point, the accrual of joint residence does not have to be continuous, and multiple periods of time can be added together to fulfill the two-year requirement.
To establish joint residence, the adoptive parent must demonstrate s/he is exercising primary parental control of the child. Typically, mere visits will not constitute joint residence.
Family preference immigrant visas are subject to numerical limitations. So, even after the adoption, the two-year joint residence and two year legal custody requirements have been met, there is likely to be an additional waiting period before a visa number becomes available.
If you are a U.S. citizen, you may be able to petition for certain family members to become a lawful permanent resident (get their Green Card). Becoming a lawful permanent resident is a two-part process. You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.
Next Steps
To see how these requirements apply to your specific circumstances, contact Attorney Eric Price today and we’ll schedule a free consultation regarding your case. We’ve helped thousands of families with their immigration cases and our legal experts can help you navigate the process in order to serve your specific situation. Call today!
Other Options for adoption abroad
If the legal permanent resident becomes a U.S. through naturalization, or a U.S. citizen/spouse can utilize two other pathways to bringing an adopted foreign child to the United States:
- Hague Process
Several countries have agreed to the Hague Adoption Convention, thereby stipulating a specific process to facilitate the adoption of children between them. This process would utilize Forms I-800A and I-800 in order to adopt, and this means your child will enter the United States either with an IH-3 immigrant visa (if you adopted your child in a Hague country) or IH-4 immigrant visa (if you finalize the adoption in the United States).
- Non-Hague Process
Otherwise, U.S. Citizens adopting a foreign child may file Forms I-600A and/or I-600 in order to adopt. This means your child will enter the United States either with an IR-3 immigrant visa (adoption finalized in a non-Hague country and you [or your spouse, if married] saw your child prior to or during the adoption process) or an IR 4 immigrant visa (if you finalize the adoption in the United States).
Each case is different, and Attorney Eric Price is an expert with long history of experience dealing with immigration cases. If you have questions or need help, contact us today for a completely free consultation. Call us, we can help.
