Mr. Khanna and others - Need information

veejay

Registered Users (C)
Mr. Khanna and others,

I am currently in the I 485 stage and hope to get our Green Cards in another 2-3 months.
As a permanent resident can we adopt a child from India ? or do we need to be a Citizen ?

Thanks
Vijay
 
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Vijay,

To the best of my reasearch, you ahve to e a citizen. There are no visa for such an adopted child.
If you go to dept of state web page, they state there very clearly the laws reagrding this.

vaidya
 
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You have to be a US citizen to bring the child back to the country. On H1, you cannot apply for a H4 for an adopted child because you have to have stayed with the child for 2 years. It gets worse if you have your greencard. First you have to have stayed with the child for 2 years and then after applying for the greencard, there is an additional period of wait (for that category). Life sucks for non-citizen adoptive parents.
 
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Dear friend, My name is Kishore Durga. I had posted a message with reference to the above situation. I am on H1 and my wife is on H4. We wish to go to India and adopt the child and bring to US. I understand we cannot bring the child on H4. Is it possible to get visitor visa ? Support from medical document from US hospital, GC processing not yet started, humble request , letter from attorney stating the difficulties. Can they help? Kindly revert back.
 
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I am a US citizen and wish to adopt my sister\'s daughter in India. What process should I follow? The INS site only talks about international orphan adoptions. Any guidance will be greatly appreciated. Thanks.
 
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Child Adoption. I am a green card holder. Planning to adopt a child from other country. Is any law allows me to bring adopted child to US immediately. What about 2 years stay? Please advice me about adoption law. Is any web site available? - szk
 
Will a non orphan Indian child adopted by US citizen eligible for citizenship?

Will a non orphan indian child adopted by US citizen get citizenship by the Child Citizenship Certificate of 2000? Hindu Law allows for the adoption of non orphans but is it considered valid for getting citizenship?
 
Question for rozlady

A friend of mine, age 34, is a GC holder married to a US citizen. He wants to adopt his sister\'s son who is 21 years old and is in India and bring him here. Is this possible? What are the problems he could face?
asb
 
adoption for under 16 years old

At minimum, all adoption proceedings must be completed prior to the adopted child reaching his 16th birthday. Therefore your friend\'s 21 year old nephew could never receive any immigration benefits based upon any such adoption.
 
Essentially: NO

Presently, the law requires at least one of the adopting parents be a United States Citizen to receive immigration benefits.
 
must fulfill other requirements

If the child is not "ORPHAN," the biggest hurdle will be demonstrating to the US Embassy that the adopted parent have accomplished a 2-year period of legal custody and physical custody, involving day-to-day care / responsibilities for the adoptive child. Usually this involves the adopting parent living in the foreign (or another) country for two years after the adoption is finalized. Child Citizenship Act of 2000 mandates the foreign-born children become lawful permanent residents FIRST in order to become US citizens.
 
concerning your questions:

Correct: child will not be able to come to US as H4.
No, a visitor\'s visa will probably not be provided.
No letter from attorney will not help.

In order to receive immigration benefits the adopted child will have to have been in your legally authorized Physical Custody, where you exercise day-to-day care of the child, and you will need a final adoption decree prior to the child\'s 16th birthday; no waivers available. Other wise the child must meet the very rigorous and narrow INS definition of "orphan."
 
adoption of sister\'s child will keep you in India for 2 years.

if the child is not an "international Orphan" ( defined in a rigorous and narrow way !), you will need to demonstrate that, prior to the child reaching age 16 years, 1) a 2 year period where you had legally ordained PHYSICAL Custody, excercising day-to-day care of the child and 2) complete, finalized legal custody, (adoption decree). There are no waivers available. Check several of the US Embassy\'s websites, including the ones in China and Guatemala for more information.
 
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