Immigration to the United States is a complex process. For people who are seeking to live and work in the country, the procedure often seem overwhelming, and even a small mistake could cause significant delays.



There are many ways that a foreign citizen can live and work in the United States, one of which is immigration through adoption. According to the Bureau of Consular Affairs, thousands of U.S. citizens adopt children from other countries each year.

There are several important factors to consider if you are trying to understand how immigration through adoption works. If you are unsure about your rights or what the process entails, contact the O’Brien Law Group for advice.

A Louisville deportation lawyer from our firm can evaluate your case and determine the best way to proceed. Call us at 502-400-7890 to schedule an appointment, and read on to learn the basics of immigration through adoption in the United States:

What is immigration through adoption?

According to the United States Citizenship and Immigration Services, immigration through adoption involves the adoption of a child born in one country by a parent who is living in a different country. If you plan to perform an inter-country adoption, you will need to satisfy several requirements of the USCIS.

There are three different ways that someone may immigrate due to an inter-country adoption:

  1. Hague Process

The United States follows the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption where applicable. This international treaty outlines several important safeguards to protect the children’s best interests.

It also carefully considers the impact of the adoption on the birth parents and the adoptive parents. The Hague Process only applies if the child lives in a country that is a party to the treaty.

  1. Orphan Process

If the child does not live in a region that adopts The Hague Intercountry Adoption Convention, the parents may follow the orphan process. According to the USCIS, you may immigrate an adopted child through this process if you meet several requirements. These include being a U.S. citizen, demonstrating proof that you will provide suitable parental care to the child, and showing that you are adopting an orphan according to factors stipulated by U.S. immigration law.

  1. Other Adoption Options

If neither of these options applies to your specific case, then you may be eligible to use a third provision, often called the “immediate relative process.” There are several differences between this process and the other two options.

According to the USCIS, adoptive parents do not necessarily have to be U.S. citizens. The adopting parent must provide proof of a full adoption and must satisfy custody requirements, though, before the case can be the basis for immigration benefits.

Understanding which category your situation may fall under is difficult. If you are looking for immigration solutions for you and your family, contact the O’Brien Law Group today at 502-400-7890. A Louisville immigration attorney from our firm can meet with you to discuss your specific case..

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