International adoption is a wonderful way to start or grow a family. However, the adoption process can be complex and overwhelming, especially when international law comes into play. The international adoption process involves navigating U.S. laws and regulations and the laws of the adopted child’s country of origin. Given the ever-changing landscape of international adoption laws, working with an experienced international adoption lawyer is essential.
At Alward Fisher, we have more than 100 years of combined experience handling family law matters in Michigan. Our experienced international adoption lawyers can help you navigate the legal and administrative complexities of international adoptions, from drafting necessary paperwork to understanding the laws of the child’s home country. Contact us today to learn more in a free legal consultation with an experienced Traverse City adoption lawyer.
How to Adopt a Child from Another Country in Michigan
Adopting a child from another country can be a rewarding and life-changing experience, but the adoption process takes hard work and patience.
Michigan has three processes for families adopting internationally, which include:
- The Hague adoption process: The Hague Adoption Convention, a treaty between the United States and dozens of other countries, regulates Hague adoptions. The Hague adoption process involves an accredited agency or attorney in Michigan helping prospective adoptive parents meet all the legal requirements set by the Convention and the laws of both countries.
- Orphan process: The orphan adoption process involves adopting a child orphaned in their home country. This includes countries not party to The Hague Convention.
- Immediate relative process: This process involves petitioning the United States Citizenship and Immigration Services (USCIS) for an orphan or special immigrant visa to adopt a child who is an immediate relative.
What Documents Are Needed for International Adoptions in Michigan?
The USCIS requires prospective adopters to submit specific forms and documents when adopting internationally. Depending on the country you are adopting from, these may include:
- Form I-800a: This form is required if you wish to adopt from a Hague Convention country. It requests basic information about you, your home study, and your intention to adopt.
- Form I-600a: You’ll need this form if you adopt from a non-signing country. Like the I-800a, this form helps determine whether you meet the requirements for adoption.
- Form DS-260: This form serves as the electronic application for an immigrant visa.
- IH-3/IR-3 Visa: These visas are for full and final adoptions from other countries.
- IH-4/IR-4 Visa: These visas are for imminent adoptions that occur after a child comes to the U.S.
If you’re considering growing your family through international adoption, an experienced Traverse City international adoption lawyer can help you simplify the complicated process. Your lawyer will have extensive knowledge of relevant laws and can ensure your documents are valid and filed correctly.
What Requirements Does the USCIS Need for an Adopted Immigrant Child to Get Residence?
When adopting a child from another country, requirements vary depending on whether the child’s birth country is part of The Hague Adoption Convention. In the United States, prospective parents must complete home studies, criminal background checks, financial and health reviews, letters of reference, and statements regarding why they wish to adopt.
After completing the home study and other requirements, the USCIS must confirm a prospective parent’s eligibility for adoption. After this confirmation, adoption eligibility remains valid for 15 months for a country part of the Hague Convention and 18 months for a country not part of the Hague Convention.
After establishing eligibility, the prospective parents must apply for a visa for the child and file the appropriate forms with the child’s home country. Then, adoptive parents usually travel to the child’s home country to complete the adoption process, which usually includes an interview with the adoption authorities of the child’s home country. If approved, the parents receive a visa for the child and can return to the United States with them.
Can an International Child Get Their U.S. Citizenship Immediately After the Adoption?
A foreign-born adopted child of U.S. parents may obtain automatic citizenship under the Child Citizenship Act of 2000 if they meet certain conditions. To qualify, the adopted child must meet each of the following criteria:
- Have at least one adoptive parent who is a U.S. citizen
- Be younger than 18
- Be in the legal and physical custody of a U.S. citizen parent currently living in the U.S.
- Have lawful permanent resident status
Some foreign-born adopted children must wait until they meet specific criteria before acquiring citizenship, such as obtaining lawful permanent resident status. If you are considering adoption or already have an international adoption case in progress, you must be familiar with the specific requirements and process of obtaining citizenship for your child. Contact an experienced international adoption lawyer with any questions.
How Can an International Adoption Lawyer Help?
The right international adoption lawyer can provide peace of mind and ensure your adoption case complies with all relevant laws and regulations. At Alward Fisher, our attorneys are committed to helping those expanding their families through international adoption. Our international adoption lawyers can:
- Handle the application process, including filing petitions for pre-adoption approval
- Advise you on any necessary forms, paperwork, or requirements for international adoption
- Provide legal guidance and assistance for the home study process
- Answer questions regarding residency, citizenship, and other issues related to adoption
- Represent adoptive parents in any court proceedings related to the adoption
Contact the Traverse City International Adoption Lawyers at Alward Fisher Today
If you are considering adopting a child from another country, the attorneys at Alward Fisher can help. Our knowledgeable lawyers can guide you through the legal process of international adoption, providing personalized guidance and support every step of the way. We can use our knowledge and experience of immigration law to advocate for your family’s rights and interests.
If you have any questions or want to discuss your international adoption options with a legal professional, contact us today for a free consultation.