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Mr. Khanna and others - Need information
- Thread starter veejay
- Start date
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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.
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.
kishore durga
New Member
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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.
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.
Jai Chadha
New Member
No Title
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.
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.
Anxious Mom
New Member
No Title
I am looking for this information too.
I am looking for this information too.
gcsufferer
Registered Users (C)
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?
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?
gcsufferer
Registered Users (C)
No Title
Best is to wait for him to come on H1 and get a green card and then adopt him.
Best is to wait for him to come on H1 and get a green card and then adopt him.
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.
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."
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.
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.