Immigration Lawyers in Phoenix, Arizona

Many couples have recently sought to adopt orphans from foreign countries. Some do so because they cannot have their own children; some wish to provide foreign orphans with a family and a better life; and some have both motivations in mind.

To protect foreign orphans from dangers such as child trafficking, international immigration laws have become more stringent regarding foreign child adoption. The most influential example is the signing of the “The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.“ The Convention aims to prevent the abduction, sale, or trafficking of children and ensures that intercountry adoptions are in children’s best interests.

Concluded on May 29, 1993, the Convention establishes international standards of practices for intercountry adoptions. Adopting a child from a Convention country is similar to adopting a child from a country not party to the Convention. However, there are some differences, and both those seeking to adopt and the children being adopted may receive greater protection if the adoption is from a Convention country.

The Convention recognizes intercountry adoption as a means of offering the advantage of a permanent home to a child when a suitable family has not been found in the child’s country of origin. It enables intercountry adoption to take place when among other steps:

1. The child has been deemed eligible for adoption by the child’s country of origin; and
2. Due consideration has been given to finding an adoption placement for the child in their country of origin.

Whether adopted from a Convention country or not, all foreign orphan adoptions must undergo an immigration process (see below).

What Are the Qualifications Required for Parents?

Applicants for foreign adoption must provide proof of their ability to raise and care for the adopted orphan. Thus, the USCIS will investigate the parents’:

• Financial ability to provide the child’s home
• The mental, physical, and emotional condition of each parent
• Criminal background, if any
• Employment, work training, and educational credentials

The USCIS may conduct similar background investigations for every adult living in the same home as the adopted child. In addition, the child’s new home may be periodically visited and inspected for fitness.

Single applicants must be at least 25 years old and a U.S. citizen to file an adoption immigration petition. Married couples are not subject to any age requirement, but at least one of the spouses must be a U.S. citizen.

Home Study

Just as with a domestic adoption, a home study must be completed to carry out an intercountry adoption. This study is a basic overview of your life – including criminal background checks and an investigation into your finances and personal relationships. USCIS uses it to assess if a stable environment allows you to adopt.

Home studies for adoption are often one of the lengthiest steps of the entire process. This is because it requires extensive reviews of important documents, such as birth certificates and marriage licenses, which can take time for some families to locate or obtain copies.

What is involved in a home study can vary somewhat. It has to conform to your state’s requirements. Typically, a home study is performed by a licensed social worker and includes the following:

• Gathering and submitting personal documents, like birth certificates, marriage licenses, state IDs, social security cards, and proof of citizenship or legal immigration
• An interview of each member of the household by the home study worker
• Background checks (such as child abuse clearances and criminal record checks)
• Character references from people who know you
• Submission of health records
• Submission of financial records, such as bank account statements
• Submission of records showing you are employed and what you earn
• The safety of the home (e.g., smoke and carbon monoxide detectors, secure locks for all firearms, gates on stairs, covered electrical outlets and screens on lockable windows, etc.)

There must also be an autobiographical analysis of your future ability to parent. Sometimes this is done as a written statement, sometimes as an interview by the social worker. You will be asked the following sorts of questions:

• What is your reason for adopting?
• What is (or will be) your parenting philosophy or style?
• How has your own childhood affected your view of parenting?
• What have you learned about the unique aspects of raising an adopted child?
• What are your thoughts on cultural diversity?
• What are your thoughts about transracial adoption?
• What are your hopes and dreams for your child?
• Tell me about your marriage.
• Tell me about your job. How many hours per week will you be away from home?

What Are the Reasons You Might Fail a Home Study?

These are the most common reasons people fail home studies:

• A criminal record that reflects any child abuse or neglect, domestic violence, sex crime, or any crime against children
• In some states, a felony conviction for a drug crime within the last 5 years
• Having a life-threatening health condition
• Financial difficulties that make it unlikely that you will be able to provide for a child
• An unstable home, such as one with rotating romantic partners or one where the family moves quite often
• Any dishonesty during the home study process

The Immigration Law Steps

A couple that seeks to adopt a foreign orphan child will need to do the following:

• In some countries, you must complete an adoption in the child’s home country. Other countries will allow a child to come to the United States to be adopted
• The child must be an orphan. An orphan is generally defined as a child under 16 years old whose parents are deceased or have abandoned or deserted the child, or the child has only one parent who cannot care for them, and that person has released them for adoption in writing.
• File an adoption petition for the child with the United States Citizenship and Immigration Service (“USCIS”)
• After getting the adoption petition approved, apply to the Department of State (through the local U.S. embassy or consulate) for a visa for the child
• Apply for the child’s naturalization if you want the child to become a U.S. citizen. In the case of children whose adoption was completed abroad, they are automatically U.S. citizens. Other children receive a permanent residence visa (a “green card”) and can apply for citizenship as soon as they become eligible (e.g., when the adoption is finalized in the United States)
• If you adopted the child abroad, you can usually obtain a local birth certificate from your state Office of Vital Records

Do I Need a Lawyer for Help With Immigration Laws and Orphan Adoption?

Understanding immigration laws and orphan adoption can be very challenging. In nearly all cases, the assistance of a lawyer is essential when it comes to adopting an orphan from a foreign country. You should contact an experienced immigration lawyer in Phoenix, AZ, for assistance to ensure that your application meets all the requirements under immigration laws.

Your attorney can provide you with the legal research, guidance, and representation needed when dealing with immigration laws and processes. They can keep you updated if there are any significant changes to the law.