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Berd & Klauss, PLLC Explains The Three Ways to File an Immigration Petition For an Adopted Child February 4, 2014

Financial District, Manhattan
Berd & Klauss, PLLC Explains The Three Ways to File an Immigration Petition For an Adopted Child, Manhattan, New York

The decision to adopt a child and add to your family is a personal and important decision, which is why careful consideration must be practiced prior to making the final choice to adopt. Every year, thousands of families in the United States adopt children from other countries, a process that is typically completed in one of three distinct ways. The immigration attorneys at Berd & Klauss, PLLC, a boutique law firm in New York City, have extensive experience handling international adoptions and are dedicated to helping you complete your family in an efficient and professional manner.

The law firm is familiar with the three means of filing an adopted child’s immigration petition, which include:

  • Hague Convention Petition: The Hague Convention is an international agreement that protects adoptions between countries. Under this method, the child must be 16 years of age or younger at the time the Form I-800, or immigrant visa petition, is filed. Adoptees from a Convention country receive an IH-4 visa, which does not automatically grant U.S. citizenship, but does make the child a lawful resident until the adoption is finalized. Keep in mind that, since the child is provided by the country’s central authorities, you cannot select a specific child.
  • Orphan Petition: This process applies to children adopted from non-Hague Convention countries. The child must be under 16 when the I-600 is filed and must qualify as an orphan under the Immigration and Nationality Act. There are two visas available in international orphan adoptions. The IR-3 visa is issued when both parents adopt the child abroad and physically see him or her before and during proceedings. The IR-4 visa is administered when parents will obtain guardianship, as opposed to a full adoption. Parents do not visit the child under this method.
  • I-130 Petition: The I-130 F2A petition requires the adoptive parents to have legal custody of and live with the child for two years, which can be done either inside or outside of the United States. These petitions are applicable for children adopted prior to April 1, 2008 who are seeking immigration benefits after adoption.

The immigration attorneys of Berd & Klauss, PLLC provides high-quality immigration services for individuals, businesses, and families. For more information on adopting a child from another country or additional legal services, visit the immigration law firm online.

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