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Green Card through Adoption Guide

Getting Green Card through Adoption

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Green Card through Adoption

United States Immigration Resources
Green Card through Adoption

The Green Card through Adoption Application Guide: Primarily, the US immigration law classifies adopted children into two distinct categories: orphans and Hague Convention adoptees. Both paths possess specific criteria to be met, demanding meticulous attention to detail. Notably, the adoptee must be under the age of 16 and reside in a foreign country. Subsequently, the adoptive parent must demonstrate the ability to provide adequate care, validated through a Home Study process. Additionally, the USCIS must verify the adoption’s legality, safeguarding against child trafficking. As each adoption scenario varies, the requirements are subject to change, further underscoring the necessity of thorough research in this process.

Green Card through Adoption Content

Download Green Card through Adoption Guide for more information.

Green Card and Citizenship through Adoption:

Acquiring a Green Card or U.S. citizenship through adoption comprises several steps, each laden with stringent regulations. Initially, prospective parents must satisfy eligibility criteria and successfully pass a Home Study. Following this, the adoption process must comply with the laws of the child’s home country. After adoption completion, an immigrant visa is necessary for the child’s travel and residence in the U.S. Upon entering the U.S, the child automatically becomes a U.S. citizen if under the age of 18 and in the legal custody of a U.S. citizen parent. Alternatively, children residing in the U.S with a Green Card may apply for naturalization after meeting specific conditions.

Eligibility Requirements:

Key legal prerequisites guide the process of obtaining a Green Card through adoption. The adoptive parent(s) must be U.S. citizens; in case of a married couple, at least one parent must hold U.S. citizenship. The adoption process must conform to the laws of the child’s native country, and the child should be legally free for adoption. The “Green Card through adoption age limit” stipulates that the adoptee must be under 16 at the time of adoption petition filing. It is pertinent to differentiate between the procedures for orphaned and non-orphaned children, as they follow distinct paths. The information above constitutes general guidelines, hence, consulting a detailed manual or an immigration expert is advisable to navigate the intricacies of the process.

Additional Information: Quota restrictions may apply depending on the native country of the adopted child.

While the INA doesn’t impose a specific quota on adopted children per se, the total number of immigrant visas available to “Immediate Relatives” (including adopted children) of U.S. citizens from any one country can’t exceed 7% of the total number of family-sponsored and employment-based visas, a phenomenon known as “per-country limit”.

As per the Department of State’s data, for fiscal year 2023, the per-country limit stands at 26,290 visas. However, it’s important to note that this limit applies to all immigration categories collectively, not just adoptions.

Although adoption-related immigration usually doesn’t reach the per-country cap, certain countries with a high volume of adoptions might come close. This could potentially prolong the wait time for a visa for an adopted child from these countries.

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