Foreign Adoption - The Foreign Adoption Process Pt 3

Foreign Adoption - What kind of information about the child will I need to provide to the USCIS? You must provide:

• The child's birth certificate or, if the certificate is unavailable, evidence of the child's age and identity;
• Proof that the child is an orphan as defined by the INA;
• A final decree of adoption, if applicable;
• Proof of legal custody of the child for emigration and adoption, if applicable; and
• Proof of compliance with preadoption requirements, if applicable.

(Please refer to The Immigration of Adopted and Prospective Adoptive Children (document M-249N, revised September, 2000) for more specific information on this question).

Foreign Adoption - Can I adopt a foreign-born orphan and bring him/her to the U.S. without involving the USCIS?

No, there is no way an orphan can legally immigrate to the U.S. without USCIS processing.

Foreign Adoption - Can I adopt a child from any country in the world?

Countries experiencing social or political upheaval.

USCIS shares your concern for the children of countries experiencing social or political upheaval. However, adopting children from a country in crisis is usually not a feasible way to assist them. There are a number of reasons for this.

During times of crisis, it can be exceptionally difficult to fulfill the legal requirements for adoption of the child's country of origin. This is especially true when civil authority breaks down. It can also be very difficult to gather documents necessary to fulfill the legal requirements of the immigration law of the United States. Also, in a crisis situation, it can be extremely difficult to determine if children whose parents are missing are truly orphans. It is not uncommon in a hostile situation for parents to send their children out of the area, or to become separated during an evacuation. Even when children have been truly orphaned or abandoned by their parents, they are often taken in by other relatives. International conventions place a strong preference on keeping children within extended family units and within their culture as opposed to uprooting the child completely. Finally, corruption and lawlessness are more likely in such countries. This increases the risk that you may be provided with false documents or otherwise taken advantage of as you attempt to adopt a child. For these reasons, individuals considering adoption from a country in crisis should proceed with extreme caution. They should review the Department of State's website and contact their local USCIS office early in the process to avoid disappointment at not being able to complete the adoption and emigration of a child.

Countries that do not permit adoptionn

Some countries do not permit adoption and will grant legal custody only so long as the applicant for custody resides in that country. This is often true in countries that apply Islamic law. Children from such countries do not qualify for immigrant status in the U.S.

Where Can I File My Application? USCIS offices home page for more information on USCIS office locations. Forms and USCIS' guide to orphan petitions are available by calling 1-800-870-3676. For further information on filing fees, please see USCIS filing fees. Also, please see our fingerprints page for more information on USCIS fingerprinting procedures.

If I am a U.S. citizen, will the child I adopt automatically become a citizen too??
When an orphan enters the United States with an immigrant visa, he/she is considered to be a lawful permanent resident of the United States, not a U.S. citizen. Please see our Backgrounder page for more information. There are exceptions to this and in some situations, a child might become a United States citizen upon admission into the United States as a lawful permanent resident.

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