Regarding Adoption Case

Each year, U.S. citizens adopt thousands of children from overseas and also known as an intercountry adoption. However, USCIS has extraordinary authority to determine the prospective adoptive parent who is suitable and eligible to adopt. Several of different process for adoption are available. Depending on which adoption process the applicant chose, they may have additional requirements to complete their filing case. But adoption rules and procedures can vary greatly by country. 

Adoption Processes

There are three different ways for a child to immigrate to the United States based on adoption.

• Hague Adoption Convention – for children from a country that is party to the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption

• Orphan (non-Hague) – for children from a country that is not party to the Hague Adoption Convention; and

• Family-based petition – for certain adopted children who have been in the legal custody of and jointly resided with the adoptive parent(s) for at least 2 years

Generally, for the immigration purpose, according to INA 101(b)(1), the child must be unmarried and under the age of 21. A child must qualify as a convention adoptee to be eligible to immigrate through the Hague Adoption Convention process. Prospective adoptive parents should be aware not all children in orphanages or children’s homes are eligible for adoption.  In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending the child return home when possible. 

How can be eligible for a petitioner or what is the minimum requirement to become a petitioner?

The following persons are eligible to file a petition on behalf of an adoptee (child):

• A U.S. citizen; or

• An LPR of the United States (unless the adoptee beneficiary is married)

Hague Convention Information

Adopting a child from another country can be a complicated process, and not all children are eligible as an adoptee. For example: if a U.S. citizen want to adopt children from Burma, the most important question is: “does Burmese law allow non-Burmese nationals to adopt or have legal custody of Burmese children?” The short answer is “No”. The Kittima Adoption Act of 1941, which is still in force, restricts the right to adopt to Burmese citizens. Specifically, Burma is not a signed country of Hague Adoption Convention Country. Further, there is no intercountry adoption agreements between Burma and the United States, and Burmese government does not recognize dual citizenship.

Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.