Last week I spoke about the Hague Convention Adoption Process — which is difficult, expensive and time-consuming. There are a number of other options for adoptions which can help in the immigration process. I will lump them together under the title: Non-Hague Convention Adoptions.
The first class of adoptions I want to cover are orphan adoptions from a country that is not a part of the Hague Convention. I could not find a list of these countries, and I didn’t want to take the time to go through the list of all the Hague Convention countries and figure out who is missing—but I can say that Russia and Ethiopia are not on the list — but neither of them allow adoptions by U.S. citizens at this time anyway. But, if you should find an orphan in a country that is not a Hague Convention country and which allows adoption, then you can pursue an international adoption. Much of what has been said about the Hague Convention Adoptions would also apply to these non-Hague Convention Adoptions, but there are significant differences. You are allowed to meet the child before adopting. Also, the adoption would not need to go through the other country’s Hague Convention approval office (because there would be no such office). Omitting this step alone could be a major savings of time and expense. Like with the Hague Adoption, the petition needs to be filed before the child turns 16, but it is not necessary to meet all the Hague Convention approvals before filing the petition, so you need less preparation time before filing.
There is another option for children (orphans or otherwise) from non-Hague Convention Countries if they entered the U.S. legally. If they can be adopted by a US citizen while they are here in the US, and then stay here for two years in the custody of the U.S. citizen, they can then file for a green card and when it is approved, they will automatically receive U.S. citizenship. The child must be completely adopted before reaching 16 years old, and the two years and the petition for a green card must be completed before reaching 21 years old. I did this once for a child who was from a non-Hague Convention country. This will usually NOT work for a child from a Hague Convention country, but it might in certain unusual situations.
There is one other option that is available—and this is even available in Hague Convention countries. However, it will only work for a US citizen who is living abroad long-term. If you are living long-term in a foreign country, and under the laws of that foreign country you are able to adopt a child before the child turns 16, then, once you have had the child living with you in your custody for two years, you can file for citizenship (or file to bring him to the US for citizenship) as long as you file the petition before the child turns 16. The two years of required custody can start before the adoption as long as you have court-ordered custody. There are a couple considerations for this type of immigration by adoption. The first is that some countries don’t allow adoption by a foreigner. The other is that some countries will allow you to stay long-term as a visitor but will not give you resident status. If you are not allowed to “reside” in the country, it is possible that the US will say that the child was living with you but not “residing” with you because you were not “residing” there, you were just visiting. This type of adoption is allowed outside the Hague Convention rules because of the two-years of residence abroad — turning the adoption into a local adoption instead of a foreign adoption.
Finally, I referred to adoptions that do not work for immigration purposes. Most adoptions over the age of 16 will not work for immigration purposes. The adoption may be legally valid for most purposes, but it cannot not be used for immigration purposes. There are two exceptions to this rule. The first is if the adoption is done thorough the orphan adoption procedures outlined above. In that case, the adoption can be after 16 if the petition was filed before age 16. The other is if a parent is adopting two children and one is under 16 and one is between 16 and 18. In that specific case, the older child’s adoption can be valid for immigration purposes.
The other main type of adoption that will not work for immigration purposes is if a US citizen goes abroad and adopts a child but does not live abroad with that child for two years. That may be a legal adoption, but it will not provide any immigration benefits unless the US citizen can live abroad with the child for two years.
I hope this is interesting and helpful. Remember that this is not legal advice. It is just a summary of certain aspects of immigration law which may or may not apply to your situation. I encourage you to consult an attorney if you think any of this may apply to your situation.
Gunnar Armstrong