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Judith, I've a question on adopting child from india while I…

Hello, Judith, I've a question...
Hello, Judith, I've a question on adopting child from india while I live in USA on H1B visa. US gov website says the if someone is H1B, technically he/she can not adopt a child from India (who is indian citizen) and bring that child to USA on h4. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/adoption-by-non-us-citizens-living-in-us.html
Is there any exception to this? I do not have green card yet but I might get it in next 2 or 3 years.
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Answered in 3 minutes by:
5/8/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,054
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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I wish I could tell you differently but no you as an H1B cannot adopt a child and get the H4 visa for them unless the child has been in your legal custody in home country of India for at least 2 years.

The lawyer you consulted gave you the correct information.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 3 months ago
Ok thanks. Follow up question, what will happen if I get a green card and after that adopt? Does staying with child for 2 years in India still apply?

Same thing, you will need to have the child in your actural physical legal custody for 2 years before your can petition them.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,054
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 3 months ago
Great, thanks for your prompt response.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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