briniging an adopted child

[rajc 0]

we have adopted my brothers daughter who lives in india (i don t have a daughter).

is it possible for me to bring her to the States?

she is 13. i am USC.

i have read docs on USCIS but they don t make much sense. thank you.

[Bobby+Umit 161]

we have adopted my brothers daughter who lives in india (i don t have a daughter).

is it possible for me to bring her to the States?

she is 13. i am USC.

i have read docs on USCIS but they don t make much sense. thank you.

Read This

Is the child an orphan?

[aaron2020 11,651]

we have adopted my brothers daughter who lives in india (i don t have a daughter).

is it possible for me to bring her to the States?

she is 13. i am USC.

i have read docs on USCIS but they don t make much sense. thank you.

The law requires that the adopted child be an orphan in order for an immigration visa to be issued. This is to prevent immigration fraud where a US person adopts a relative who otherwise could not be petitioned for. You cannot petition for your niece. The immigration law assumes that the adoption is a sham attempt by you to petition for her as an Immediate Relative. If the child's mother or father is still alive, your chance of getting a visa for her will be extremely low. For your niece to get a visa, one of these situation must apply; 1) she is a true orphan - both parents are dead, or 2) one parent is dead and the parent that is alive is incapable of providing adequate care. Incapable of providing adequate care does not mean living in poverty. It means that the parent the parent has abandoned the child or where the parent cannot physically care for the child. If your brother is alive and capable of working, your niece will not meet either requirements and a visa application for her as your adopted daughter will be denied because it will be considered a sham adoption.

An adoption can be completely legal in a foreign country but not meet the requirement for an immigration visa to the US.

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Look at the following parts of the immigration codes.

8 CFR 204.3

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8 CFR 101(B)(1)(i)

a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 201(B) , who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who personally saw and observed the child prior to or during the ad option proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child's proposed residence: Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child sha ll thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or

Edited January 9, 2010 by aaron2020

[aaron2020 11,651]

Before an immigration visa can be issued to the child, Form I-604 must be completed by a consular officer. You should look at Part 9.

http://photos.state.gov/libraries/guangzho...or_visas_37.pdf

Edited January 9, 2010 by aaron2020

[sara..... 371]

im not sure if this applies in this situation.......but for a citizen of the USA requirements for adopting any child foreign or domestic

1. a home study must be done and approved by an accepted social worker ( that can include social worker from adoption agency without using the adoption agency for anything but the home study).....a home study consist of examining where the child will live, seeing of the adoptive parents are able to parent sometimes classes are involved on adoption....

2. the adoptive parents have to pass police report and report from child protection service......this means no felony charges or any negative reports from the state from children's protection services.

3. a medical report on both adoptive parents to ensure that both are medically stable and able to care for a child until the age the child will be able to care for him or her self (18 years of age)

4. have the ability to support the child this most the time that i know of includes ur tax returns and letter from your employer.......

mom has adopted five children and its the best she can remember about each adoption.......i was adopted from over seas

she stated that the birth mother had to give consent to the adoption and prove that she could not provide for me.....i was first adopted over seas then again when i arrived here in the states but for the over seas adoption all of the requirements for domestic adoption had to be met..........

hope this helps some

sara