How the immigration process works for adoption

| Dec 3, 2020 | Immigration

Adoption is an exciting process for many families in Pennsylvania, including when you are in the process of adopting a relative. Your relative or adopted child may live in another country and have to undergo the immigration process. There are three options for this process.

Convention

You should first know that the Convention process of adoption involves two forms. You must fill out a 1-800A form and a 1-800 form. Both of these are due before your adopted child turns 16 years of age. The country that your child is from must be a Hague Convention country as well. If the child is not a relative, this means you should not have any contact with the biological family of the child.

Non-Convention or orphan

A child considered an orphan would be eligible for a Non-Convention adoption and immigration process. The forms that are required to file for this type of adoption include an I-600 and an I-600A. Again, you should complete the forms before your child turns 16 years of age.

Family-based petition

The family-based petition adoption and immigration process is only eligible for an adopted child who is a relative. The child should be under the age of 16, just as in other types of adoption. The goal of a family-based petition is to receive a visa for the child, but you should also be prepared to fill out the I-130 form. Your child has to live with you for two years before you can fill this form out.

Considerations

The three immigration and adoption processes described above provide the necessary information for you to start your journey in adoption. A family law attorney may provide much more detail to you and your family through this process. An attorney may also help you ensure that all legal forms are filled out correctly to be processed as efficiently as possible.

FindLaw Network

Categories

Archives