It is a wonderful, noble cause to adopt a child who is in need. There are many reasons why someone may want to adopt and it is a very rare case when a child would not benefit from being brought into a consistent family environment as opposed to living in an orphanage, or being sent to different homes through foster care. Adoption has benefitted thousands of children from around the world over the years; in addition, the parents are generally brought more happiness with an addition to their family.
With decadesof experience among us, at Pozo Goldstein, LLP our New York City immigration attorneys are intimately familiar with the details of the Hague Convention and how it could affect your ability to adopt a foreign-born child. In 1993, in the Netherlands, the Hague Adoption Convention came to an international agreement regarding the safety of Intercountry adoptions. This was officially signed into force into the United States in 2008. This included certain standards as to how these adoptions would play out, as well as establishing a Central Authority in the Department of State. By reducing unsafe adoption practices, the convention sought to reduce trafficking and abduction.
If you are adopting a child from what is known as a “Convention country,” you will be facing different procedures and guidelines than if you were not. For starters, you will only be able to operate through accredited agencies. Second, you will be submitted to full disclosure as the Convention pushed for complete transparency throughout the process – this means no hidden fees except in rare circumstances. After the adoption, you will also receive an official Hague Adoption Certificate to show that the adoption met all requirements of the Convention. Before given custody, you will have your child evaluated by a U.S. consular officer to let you know whether they are eligible for a visa.
According to the Bureau of Consular Affairs, U.S. Department of State, there are thousands each year who choose to adopt – many seeking the newest members of their families from countries not their own. Intercountry adoption has become a popular choice over the years, allowing families to adopt children from different countries to bring home legally. If you are interested in adopting a child from a different country, you will first need to file your application with the United States Citizenship and Immigration Services (USCIS), along with the correct forms and fees. If you are adopting from a Convention country, you will use Form I-800A; if not, you will fill out and submit Form I-600A. You will also need to submit a filing fee ($720 USD), along with a fee for a fingerprint ($85 USD).
The national requirements for adoption include:
Adoption, unfortunately, can be a very long, tedious and even expensive process. There are issues that arise from international adoption, as well as domestic. Families that wish to adopt should be aware that there are corrupt organizations around the world that will try and take advantage of them as their primary concern is not always the best conditions for the children, but rather to line their own pockets.
If you or a loved one is seeking to adopt, then you should know that there are issues that may arise such as citizenship or immigration problems or visas in the case of an international adoption, as well as many others problems. When these problems arise, there are not many options for those that they affect; most people only have the option of waiting. Pozo Goldstein, LLP will be able to help in this kind of situation. We have vast experience in this area of the law and will be able to step up to fight for your rights and best interests.
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