Immigration Law Questions? Ask an Immigration Lawyer.
While overseas adoption is a common and growing trend, adoption of illegal immigrant children is a common problem around the world. Immigration and adoption can have many complications if you are not familiar with the international adoption laws and how the process works. Violation of overseas adoption laws could cause legal complications that you may not be ready to handle or result in legal questions. Questions regarding adopting an illegal immigrant and the international adoption and immigration process are answered below by Experts.
Also, What is the average cost of hiring an immigration attorney?
In most situations, you would have to first obtain the approval for adoption by filing 1-600A. The average cost for such international adoption can go up to $10,000 but could vary depending on each circumstance. The process is complex with legal requirements of the country from where you intend to adopt the child that you must meet. In the US, this law is largely influenced by two types of processes, Hague Convention and the Non-Hague Convention process. You will need to be informed about whether the country from where you are planning to adopt a child is a party to the Hague Convention or not.
And if so will it help the immigrant become a US citizen
Yes, in many cases adopting someone of legal age can be done. However, since the person is above legal age of majority, adopting at this point would not help them become a US citizen. The adoption would normally have to occur before the immigrant turns 16 years of age in order for them to be granted US citizen status.
Once the adoption is legal, the adopted person can change his or her last name. To do this, the adoptee has to declare his/her name change with United States Citizenship and Immigration Services (USCIS). Then the candidate has to file I-90 to get a new green card with his/her new name.
The Hague Convention prohibits such contact with both the parents and the adoptee as there is a serious problem with parents selling their children. This is to help safeguard the minor’s best interest. That means, once you initiate the adoption process you must refrain from having any contact either with the child or with the parents until the article 29 of the convention permits you to do so.
Yes, in most cases, the children can come and stay with you without being adopted provided that they have a student visa. However, the children at this age would be too young to qualify for a student visa so would have to be enrolled in a private school which is certified for foreign students. There is no provision for guardianship that allows their permanent resident status without the adoption process.
Also, how can he/she come to U.S. and stay permanently on a work visa?
If you have a business and the candidate is eligible for any role in your organization, you can sponsor him/her. To get this done, you need to first advertise the position in your company, if no U.S. citizen applies for the job or you somehow prove that no U.S. worker is qualified for the post, your application to sponsor the non-U.S. citizen will be approved. This can be time consuming. Alternatively, the candidate can come to U.S. as a full time student, which in turn will help him/her to get sponsorship for a job in your company. It would also qualify the candidate for an H1B visa. There are five ways to come and stay in U.S. permanently, including: through family, through employment, through asylum, through investment, or through the lottery.
Overseas or international adoption is becoming increasingly common with globalization and the growth in international communication channels. However, when opting for international adoption, it is important to be well informed of the laws -- not just in your country, but also of the country you intend to adopt a child from. Laws can change from country to country and your individual circumstances can impact what you can and cannot do legally. One way of being well informed is to ask an Expert to evaluate the details of your case and provide legal insights.
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