November 19, 2008

International Adoptions - Foreign adoptions by Americans drop in 2008

International Adoptions is an extremely complex area of law that changes rapidly. According to the AP the number of foreign children adopted by Americans fell 12 percent in the past year, reaching the lowest level since 1999 as some countries clamped down on the process and others battled with allegations of adoption fraud.

Figures for the 2008 fiscal year, released by the State Department on Monday, showed 17,438 adoptions from abroad, down from 19,613 in 2007. The all-time peak was 22,884 in 2004.

By far the biggest drop was for adoptions from China, which fell to 3,909 from 5,453 in 2007 and a peak of 7,906 in 2005. Among the factors: a rise in domestic adoptions as China prospers and tighter restrictions on foreign adoptions that exclude single people, older couples, the obese and those with financial or health problems.

As a result, waiting times to complete an adoption from China have increased in many cases to three or four years, a deterrent to many aspiring adoptive parents. China offers a faster timetable for foreigners willing to adopt children with physical or emotional disabilities.

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October 2, 2008

International Adoptions Attorney - USCIS Releases Hague Intercountry Adoption FAQs

The process of International Adoptions has become more complex since the passage of Hague Intercountry Adoption regulations. USCIS released questions related to the new Hague intercountry
adoption process and the orphan adoption process since the implementation of the Hague Adoption Convention on April 1, 2008.

We link to the questions below.

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September 14, 2008

International Adoptions and the Visas you Need

From time to time we feature guest writers on this Blog. This post was contributed by Kelly Kilpatrick, who writes on the subject of the criminal justice schools. She invites your feedback at kellykilpatrick24 at gmail dot com.

Every year, thousands of children are being adopted from other countries by citizens of the USA. The law of the land allows married couples and single individuals who are above the age of 25 and who can prove that they are able to support a child (through the home study) to adopt children from foreign nations. When you bring back your child to the United States, he/she needs a visa to be allowed into the country.

The Consular Office of the Department of State allocates a visa after conducting an I-604 investigation which verifies that the child you’re going to adopt is an orphan (as defined by the laws that govern US adoption) and that he/she does not suffer from a medical condition that you do not know about. Once the investigation is done, there are two kinds of visas that are offered for internationally adopted children:

• The IR-3 Visa: The Immediate Relative category 3 visa is given to children who are adopted by couples or individuals who have seen and interacted with the children before the adoption and if the adoption is completed according to the laws of the country the child belongs to. These children are made citizens of the United States as soon as they arrive on US soil. Parents do not have to register for citizenship and the necessary documents are sent to the child within 45 days of their arrival in the United States. While there is no need to perform a re-adoption process in the USA according to federal laws, some states do require that you carry out the procedure again on US soil.

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March 10, 2008

International Adoptions - Meaning of “Child” in Context of Adoption of Siblings

Under the most recent decision from BIA, an alien child who was adopted under the age of 18, and whose natural sibling was subsequently adopted by the same adoptive parent or parents while under the age of 16, may qualify as a “child” under INA section 101(b)(1)(E), even if the child’s adoption preceded that of the younger sibling. Matter of Anifowoshe, 24 I&N Dec. 442 (BIA 2008).

The Court agreed with the petitioner’s argument on appeal that there is no statutory or regulatory provision requiring that the beneficiary be adopted at the same time or after a natural sibling.

Read the ruling here Download file