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CIPOLLA & PELUD P.C.  
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International Adoption Green Card

There are three types of international adoptions:
  1. US Citizen intends to adopt a foreign born orphan;
  2. US Citizen intends to adopt a foreign born child currently located in a
    foreign country;
  3. US Citizen intends to adopt a foreign born child currently located in the
    United States.

Orphan Defined
The US defines orphan as follows:

“A foreign-born child is an orphan if he or she does not have any
parents because of the death or disappearance of, abandonment or
desertion by, or separation or loss from, both parents. A foreign-born
child is also an orphan if his or her sole or surviving parent is incapable
of providing care of the child and has, in writing, irrevocably released the
child for emigration and adoption. For such a child to gain immigration
benefits, an orphan petition must be filed before his or her 16th birthday.
An orphan petition may be filed before the child's 18th birthday, if the
child is a natural sibling of an orphan or adopted child, and is adopted
with or after that child, by the same adoptive parents.”

Green Card Requirements For Parents Adopting An Orphan
Overseas

Requirements for US Citizen Parents Adopting an overseas Orphan
A married U.S. citizen and spouse (no special age) or an unmarried U.S.
citizen at least 25 years of age may file an orphan petition. The spouse
does not need to be a U.S. citizen; however, the spouse must be here
legally if living in the United States. To make the adoption process faster,
you may apply for advanced processing before you actually find an
orphan to adopt.  Please note that the orphaned child must be living
overseas before applying for a green card for the child.  

Requirements Of Orphan Located Overseas     

  1. Foreign born child must be under the age of 21;
  2. Adopted children who are not orphaned must live in the petitioning
    parent(s) legal custody for two years before applying for a green card.

Requirements For Adopting Child Overseas Not Orphaned

The process of adopting foreign born child from overseas that are not
orphaned is a rare and difficult process due to the second requirement.  
To accomplish this requirement, the parent must usually live overseas in
the foreign born child’s country.

Requirements For Adopting a Foreign Born Child Living in the
United States:

  1. The child was adopted before his or her 16th birthday;
  2. Adopted children who are not orphaned must live in the petitioning
    parent(s) legal custody for two years before applying for a green card
    ; and
  3. the adopted child resided with the petitioning parent for at least two
    years.

Adopted Children & Citizenship

Most foreign-born adopted children adopted by U.S. citizens will
automatically acquire U.S. citizenship on the date they immigrate to the
United States.  The following are the requirements to establish
citizenship of the adopted foreign born child:
•        At least one of adoptive parent(s) is a U.S. citizen;
•        The child is under 18 years of age;
•        A full and final adoption of the child is completed;
•        The child is in the United States as a permanent resident.

International Adoptions and immigration law are extremely complicated
and detailed and require the attention of a skilled attorney.  
Contact
Cipolla & Pelud P.C. for a consultation.
Legal Notice

Cipolla & Pelud P.C. is a Chicago, US based law firm specializing in immigration law along with protecting and asserting the rights of immigrants in areas beyond immigration law.  Immigration law is federal in nature.
 Cipolla & Pelud
P.C. does not claim expertise in the laws of states or countries other than where our attorneys are licensed. Cipolla & Pelud P.C. retains clients only after following specifically stated immigration
consultation procedures. The information contained on this website is intended to provide general education to its users and is not intended to provide solutions to specific problems, facts, or cases.  Users of this website
are not encouraged to resolve individual immigration issues on the basis of information contained herein and are strongly advised to contact an immigration lawyer.  Please contact
Cipolla & Pelud P.C. so that we
may consult with you based on your specific immigration issue or other legal issue.  

Copyright © 2007-2008 Cipolla &
Pelud P.C. -- All Rights Reserved.

Immigration Attorney Chicago



Cipolla & Pelud P.C.
3257 N. Sheffield Ave.
Suite 104
Chicago, Illinois 60657  
Phone (773) 687-0549
Fax: (773) 525-4947
info@
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