US citizenship dilemma & Indian baby adoption question

R

ramaneek

Registered Users (C)
Hello,

I was wondering if someone could answer my question.

I applied for U.S citizenship some time back; but then I got caught in a dilemma about whether to proceed with the application or not for various personal reasons including strong disagreements with my parents. Finally, my parents left it up to me. However I still am unable to make up my mind about the whole thing and it is agonizing to go back and forth on this issue in my mind daily.

I realized though, that perhaps resolution about one issue will give me the final impetus I need to decide once and for all about whether to keep my Indian citizenship or show up for my U.S citizenship interview scheduled in a month's time.

That issue relates to adopting a baby from India. I have researched many details of that. I have come to the understanding that because I am a GC holder (and not a US citizen), I cannot bring a baby back with me to the U.S right away. I have to come back and sponsor my child for a GC. That might take two years or so, and in that time, the baby has to remain in India - with my parents in my case. I can go see it, but I cannot bring it back with me.

My question is, will it be easier to bring the baby back with me, if I am a US citizen? My apologies if this question has been answered somewhere else on the forum; I have been searching for information on this issue for the past few days but haven't found anything satisfactory.

Thank you very much.

RK
 
Here is the U.S. State Department link that contains information/process about adopting children from India for US citizens

http://travel.state.gov/family/adoption/notices/notices_473.html
http://travel.state.gov/family/adoption/country/country_398.html
http://travel.state.gov/family/adoption/info/info_449.html

If you are planning to adopt as a USPR, your child has to wait atleast 4 years before a visa number becomes avilable (based on the current visa bulletin and current family based 2A preference for India - Refer to http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html). Note that the date may retrogress or move forward depending on the demand for this category going forward.

Hope this helps in making your decision. Good luck.
 
Thank you!

fitness99 said:
Here is the U.S. State Department link that contains information/process about adopting children from India for US citizens

http://travel.state.gov/family/adoption/notices/notices_473.html
http://travel.state.gov/family/adoption/country/country_398.html
http://travel.state.gov/family/adoption/info/info_449.html

If you are planning to adopt as a USPR, your child has to wait atleast 4 years before a visa number becomes avilable (based on the current visa bulletin and current family based 2A preference for India - Refer to http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html). Note that the date may retrogress or move forward depending on the demand for this category going forward.

Hope this helps in making your decision. Good luck.
Click to expand...


Hello,

thank you for your reply. I also did a slightly better keyword search and found quite a few posts related to adoption and US citizenship / permanent residency issues. I realized it would be much easier to adopt a baby if I was a US citizen. I feel better now because I can come to a more informed decision. Thanks again.

RK
 
I have a copy of a press release from the US State Dept on this issue (since this issue is also concerning my family) ... you actually would have to LIVE together with your adopted child for two years - and you'd have to do that OUTSIDE the U.S. .... therefore you would not be 'permanent resident' anymore and your status as such would/could be refused. The State Dept states in that text that your only choice is to take the US citizenship !

You should be able to find this press release if it is not already referenced above.

Alex
 
Also Ramaneek,
It is a better idea to join in nri-child@yahoogroups group. In india NRIs have least [lowest] priority when it comes to adoption. So it is better [IMHO] to relocate [on OIC/PIO] and adopt in "domestic" mode.
HTH,
CZPHope.

JoeF said:
It is here: http://travel.state.gov/visa/immigrants/types/types_1311.html
The crucial part:
"The INA recognizes as a "child" one who has been adopted before the age of sixteen and who has resided with, and been in the legal custody of, the parent for two years. What this means is that a child born overseas to the principal applicant after his or her entry to the US may receive the appropriate dependent visa immediately. A child adopted overseas by a non-citizen must first meet the two year co-residence requirement. The INA does not provide any way for the child to enter the US to satisfy this requirement."
It is simply not possible for a Permanent Resident to reside with the child abroad, since the PR would lose the GC.
Click to expand...
 
Thank you again.

Hi Alex, Joe and CZPHope,

Thank you for all the information and the links.

After reviewing everything, I have made up my mind and will go for my US citizenship interview next month.

- RK.
 
Good Luck ! And ... if India sould consider you 'low priority' in terms of adoption, you know there are many children or newborns all over the world who are in desperate need for a better placed home. So you are not without options for your planned/extended familiy should you not be able to adopt in India in a timely manner.

Alex
 
This truly a catch-22 situation, i.e. to try to do an inter-county adoption while on a GC. If you're a US citizen, completing the immigration part to bring the baby to US is a lot easier, and the baby comes on IR-3 or IR-4 visa as an immeidiate relative of a US citizen. If you try to do it on GC, you will have to stay in India for 2 yrs after completing the adoption. Even after that, if you somehow maintain your GC, which is nearly impossible, then apply for child's visa and that category takes about 3 to 4 yrs.

Of course, Indians in India have 1st preference in adoption, then 2nd preference goes to NRIs and then on to totally foreign adoption. There have also been rumors in the last year or so to change these rules in situations where at least one of the parents have Indian passport and threat them on par with the Indian citizens living in India. Until, these rules change, these are just rumors.

Good luck!
 
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