Will my adopted child get a green card and/or US Citizenship?

us citizenship

The answer is maybe.

A Hague Convention adoptee may qualify for immigration benefits if: (1) the child is habitually a resident in a country that is a party to the Convention, (2) the child is under 16 years of age when the immediate relative petition is filed; (3) the child has either: (a) two living parents who are incapable of providing proper care for the child, or (b) one sole or surviving parent because of the death, disappearance, abandonment or desertion by the other parent, or (c) a legal custodian other than a birth parent (e.g., ad adoptive  parent or institution); (4) the parent(s), legal guardians, or institutions freely give their written irrevocable consent to terminate their legal relationship with the child, and to allow the child to be adopted and to emigrate; (5) at least one of the adoptive parents must be a U.S. citizen, the parents must be habitually resident in the United States, the parents (if married) must adopt the child jointly, and the parents must be suitable for adoption; (6) the child must have been the subject of a full and final foreign adoption which is effective for immigration purposes, or the prospective adoptive parents must have custody of the child for emigration and adoption in the United States in accordance with the laws of the foreign-sending country, and appropriate steps must have been taken to secure the child’s adoption in the United States. A USCIS amendment enacted in November 2010 provides for the adoption of older siblings of a Convention adoptee. In addition, unlike the orphan statute, the Hague Convention permits the adoption of a child who has two living parents provided the natural parents are incapable of providing proper care for the child.

For a list of Hague Convention signatories, click here:

Foreign-born children who are adopted abroad or will be adopted in the United States by U.S. citizens may qualify for immigration benefits as immediate relatives under INA § 101(b)(1)(F). Foreign-born children are eligible for “orphan” status if: (1) they have been abandoned by or separated from both parents, or the sole surviving parent has irrevocably released the child for immigration and adoption; and (2) the adoptive parent or parents are U.S. citizens and have adopted the child already or are in the process of adopting the child and have met the pre-adoption requirements of the state,

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Luis F. Hess

immigration attorney

As the managing partner of the firm, Luis F. Hess is a seasoned attorney with past experiences working in the US Air Force JAG Corps, in-house counsel at Sisters of Mercy Health System, the USDA legal department, and other private law firms...

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Will my adopted child get a green card and/or US Citizenship?

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