A Petition For International Adoption By U. S. Permanent Residents
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We, the undersigned, as the people of this planet, call urgently on U.S. Department of State to investigate the issue and have a resolution for International Adoption By U. S. Permanent Residents. We request you to make an amendment in the current adoption immigration laws to allow legal permanent residents, who have not been able to conceive for a long period (over 1 year) of time, for the immediate immigration of foreign adopted children.
Today, only US citizens may petition for the immediate immigration of foreign adopted children. There is no provision in US immigration law for the entry of newly adopted children of legal permanent residents (Green Card holders). Legal permanent residents who do adopt abroad can only expect frustration in trying to bring their adopted children to the US. The United States Department of State reports cases each year of non-citizen parents who have legally adopted a child internationally and then find that the child cannot join them in the United States. The parents and child face only anguish and heartbreak. The best solution is for legal permanent residents to first naturalize as US citizens and for long-term nonimmigrant visa holders to return to their home countries before adopting.
The problem lies in the definition of "child" in the Immigration and Nationality Act (INA). Long term nonimmigrant visa holders and legal permanent residents can bring their spouses and children with them when they enter the United States or have them enter later. The INA divides the definition of "child" into several sub-groups: natural born children, stepchildren, and adopted children. 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.
The situation is more difficult for legal permanent residents. The adopting resident parent must first satisfy the two-year co residence requirement, before he or she can begin the immigration process. At the same time, a resident cannot reside outside the US making the two-year requirement a near impossibility. At the end of two years' co-residence, if the parent could have complied, he or she would file a second family category (child of a legal permanent resident) petition. The family must then wait for the petition to become current: the backlog in this category is now few years. Therefore, a resident faces a wait years before his or her adopted child may immigrate. Accordingly, most permanent residents do not adopt, as the hurdles are too great.
Once a legal permanent resident naturalizes as a United States citizen, he or she may petition for the immediate immigration of an adopted (or to be adopted) orphan. One can apply for the U. S. Citizenship only after 5 years of legal permanent residency and after the application it take 1-3 years for citizenship processing. Thus it could potentially take 8 years before a legal permanent resident can adopt internationally.
Today, only US citizens may petition for the immediate immigration of foreign adopted children. There is no provision in US immigration law for the entry of newly adopted children of legal permanent residents (Green Card holders). Legal permanent residents who do adopt abroad can only expect frustration in trying to bring their adopted children to the US. The United States Department of State reports cases each year of non-citizen parents who have legally adopted a child internationally and then find that the child cannot join them in the United States. The parents and child face only anguish and heartbreak. The best solution is for legal permanent residents to first naturalize as US citizens and for long-term nonimmigrant visa holders to return to their home countries before adopting.
The problem lies in the definition of "child" in the Immigration and Nationality Act (INA). Long term nonimmigrant visa holders and legal permanent residents can bring their spouses and children with them when they enter the United States or have them enter later. The INA divides the definition of "child" into several sub-groups: natural born children, stepchildren, and adopted children. 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.
The situation is more difficult for legal permanent residents. The adopting resident parent must first satisfy the two-year co residence requirement, before he or she can begin the immigration process. At the same time, a resident cannot reside outside the US making the two-year requirement a near impossibility. At the end of two years' co-residence, if the parent could have complied, he or she would file a second family category (child of a legal permanent resident) petition. The family must then wait for the petition to become current: the backlog in this category is now few years. Therefore, a resident faces a wait years before his or her adopted child may immigrate. Accordingly, most permanent residents do not adopt, as the hurdles are too great.
Once a legal permanent resident naturalizes as a United States citizen, he or she may petition for the immediate immigration of an adopted (or to be adopted) orphan. One can apply for the U. S. Citizenship only after 5 years of legal permanent residency and after the application it take 1-3 years for citizenship processing. Thus it could potentially take 8 years before a legal permanent resident can adopt internationally.
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