Snehaji At Erols

I posted some of the questions earlier on this group and got prompt,
accurate responses, as well. I have couple of other questions.

For US residents ( and not Citizens ) it is very difficult to adopt a child
from overseas, due to certain restrictions.

- What if one of the spouses travel abroad, adopt a child and stays with
him/her for two years? Is it possible to bring child easily to US after two
years of stay?
- On Green Card, it is not possible to stay outside of US continuously for
two years. What is the actual definition of two years stay required with
adopted child?
- Any other restrictions?

Thanks

Sylvia Ottemoeller

"Snehaji At Erols" wrote in message
news:[email protected]...

    > I posted some of the questions earlier on this group and got prompt,
    > accurate responses, as well. I have couple of other questions.
    > For US residents ( and not Citizens ) it is very difficult to adopt a
child
    > from overseas, due to certain restrictions.
    > - What if one of the spouses travel abroad, adopt a child and stays with
    > him/her for two years? Is it possible to bring child easily to US after
two
    > years of stay?

If you do everything right, and the applications go smoothly, then yes, but
I think it will take a bit longer than 2 years. The process would be the
I-130 method is described here:
http://www.ins.usdoj.gov-
/graphics/services/oproc.htm.

The spouse would apply for a reentry permit before leaving the U.S. As soon
as possible after leaving the U.S., the spouse would get legal guardianship
of the child. The start date of the guardianship is the start date of the
required two-year period of custody and co-residence.

The spouse would then start adoption proceedings, and adopt the child as
soon as possible. Then after the two-year time had passed, the spouse would
file the I-130, either at the U.S. consulate in the home country, if that
consular allows Direct Consular Filing, or at the INS Service Center for the
residence in the U.S., if the consular post does not do DCF.

Then the child will undergo normal consular immigrant visa processing. An
interview will be arranged at the consulate, and the child will get an
immigrant visa, and enter the U.S. and become a permanent resident.

    > - On Green Card, it is not possible to stay outside of US continuously for
    > two years. What is the actual definition of two years stay required with
    > adopted child?

The reentry permit will allow the spouse's permanent resident status to be
preserved for the two years, and then another reentry permit can be obtained
for another two years. It is actually possible to preserve permanent
resident status for about 5 years while staying most of the time outside the
U.S., if the person can show that he or she has not abandoned permanent ties
to the U.S.

The parent staying abroad would have to enter the U.S. again before the
two-year anniversary of his or her departure, and then apply for another
reentry permit. That visit to the U.S. can be short. It is theoretically
possible for the child to be granted a B-2 visitor's visa to make a short
visit to the U.S., if the consular officer believes that this particular
visit will truly be temporary. If the child can't get a temporary visa, the
child will have to be left in someone's care while the parent makes the trip
home. Maybe the U.S.-based parent can make a trip to the home country for
awhile at that time.

Sylvia Ottemoeller

"Sylvia Ottemoeller" wrote in message
news:[email protected]
u...

    > "Snehaji At Erols" wrote in message
    > [url="news:[email protected]"]news:[email protected][-
    > /url]...
    > > I posted some of the questions earlier on this group and got prompt,
    > > accurate responses, as well. I have couple of other questions.
    > >
    > > For US residents ( and not Citizens ) it is very difficult to adopt a
child
    > > from overseas, due to certain restrictions.
    > >
    > > - What if one of the spouses travel abroad, adopt a child and stays with
    > > him/her for two years? Is it possible to bring child easily to US after
two
    > > years of stay?
    > If you do everything right, and the applications go smoothly, then yes,
but
    > I think it will take a bit longer than 2 years. The process would be the
    > I-130 method is described here:
    > http://www.ins.usdoj.g-
    > ov/graphics/services/oproc.htm    .


Oops. I forgot something. The I-130 would be in the category F2A, child of
a U.S. permanent resident. This has a wait for the quota of over 5 years.
This makes the process practically unworkable. The parents probably would
have to trade off living in the U.S. and the home country, each preserving
their own permanent resident status, while caring for the child in the home
country, for that whole period of time. The consular immigrant visa
interview would be scheduled after the 5-year (more or less) period of time
spent waiting for the quota.

Snehaji At Erols

Thanks Sylvia so much for useful information.

One thing I didn't get. If parents are US permanent residence....
1. Can one of the parents who adopts the child overseas travel to US every
five months for a short period of time? If so, do they have to still apply
for the re-entry permit?
2. If one of the parents travel back and forth within 2 years period of stay
time, will it be considered as break of stay? i.e. is the requirement to
stay for 365 x 2 days with adopted child in foreign country?

Thanks again
Hemal

Sylvia Ottemoeller wrote in message
news:[email protected]
u...
    > "Snehaji At Erols" wrote in message
    > [url="news:[email protected]"]news:[email protected][-
    > /url]...
    > > I posted some of the questions earlier on this group and got prompt,
    > > accurate responses, as well. I have couple of other questions.
    > >
    > > For US residents ( and not Citizens ) it is very difficult to adopt a
    > child
    > > from overseas, due to certain restrictions.
    > >
    > > - What if one of the spouses travel abroad, adopt a child and stays with
    > > him/her for two years? Is it possible to bring child easily to US after
    > two
    > > years of stay?
    > If you do everything right, and the applications go smoothly, then yes,
but
    > I think it will take a bit longer than 2 years. The process would be the
    > I-130 method is described here:
    > http://www.ins.usdoj.g-
    > ov/graphics/services/oproc.htm    .
    > The spouse would apply for a reentry permit before leaving the U.S. As
soon
    > as possible after leaving the U.S., the spouse would get legal
guardianship
    > of the child. The start date of the guardianship is the start date of the
    > required two-year period of custody and co-residence.
    > The spouse would then start adoption proceedings, and adopt the child as
    > soon as possible. Then after the two-year time had passed, the spouse
would
    > file the I-130, either at the U.S. consulate in the home country, if that
    > consular allows Direct Consular Filing, or at the INS Service Center for
the
    > residence in the U.S., if the consular post does not do DCF.
    > Then the child will undergo normal consular immigrant visa processing. An
    > interview will be arranged at the consulate, and the child will get an
    > immigrant visa, and enter the U.S. and become a permanent resident.
    > > - On Green Card, it is not possible to stay outside of US continuously
for
    > > two years. What is the actual definition of two years stay required with
    > > adopted child?
    > The reentry permit will allow the spouse's permanent resident status to be
    > preserved for the two years, and then another reentry permit can be
obtained
    > for another two years. It is actually possible to preserve permanent
    > resident status for about 5 years while staying most of the time outside
the
    > U.S., if the person can show that he or she has not abandoned permanent
ties
    > to the U.S.
    > The parent staying abroad would have to enter the U.S. again before the
    > two-year anniversary of his or her departure, and then apply for another
    > reentry permit. That visit to the U.S. can be short. It is theoretically
    > possible for the child to be granted a B-2 visitor's visa to make a short
    > visit to the U.S., if the consular officer believes that this particular
    > visit will truly be temporary. If the child can't get a temporary visa,
the
    > child will have to be left in someone's care while the parent makes the
trip
    > home. Maybe the U.S.-based parent can make a trip to the home country for
    > awhile at that time.

Sylvia Ottemoeller

"Snehaji At Erols" wrote in message
news:[email protected]...

    > One thing I didn't get. If parents are US permanent residence....
    > 1. Can one of the parents who adopts the child overseas travel to US every
    > five months for a short period of time? If so, do they have to still apply
    > for the re-entry permit?

Yes, the parent can travel to the U.S. every five months for a short period
of time. No, legally the parent does not have to obtain a reentry permit,
but for $110, I think it's a good bargain. It will probably save some
hassle at the port of entry, once the person is in the position of having
spent most of the previous year, and later most of the previous two years,
outside the U.S.

    > 2. If one of the parents travel back and forth within 2 years period of
stay
    > time, will it be considered as break of stay? i.e. is the requirement to
    > stay for 365 x 2 days with adopted child in foreign country?

No, the requirement is not to stay with the child in the foreign country for
all these days. It is to have custody of, and to reside with the child for
a period of two years. If the absences from the child are fairly short, and
the parent obviously made all the arrangements for the care of the child
during the absence, I don't think so.

    > Sylvia Ottemoeller wrote in message
    > news:[email protected]
    >     ...
    > >
    > > "Snehaji At Erols" wrote in message
    > > [url="news:[email protected]"]news:[email protected][/u-
    > > rl]...
    > >
    > > > I posted some of the questions earlier on this group and got prompt,
    > > > accurate responses, as well. I have couple of other questions.
    > > >
    > > > For US residents ( and not Citizens ) it is very difficult to adopt a
child
    > > > from overseas, due to certain restrictions.
    > > >
    > > > - What if one of the spouses travel abroad, adopt a child and stays
with
    > > > him/her for two years? Is it possible to bring child easily to US
after two
    > > > years of stay?
    > >
    > > If you do everything right, and the applications go smoothly, then yes,
but
    > > I think it will take a bit longer than 2 years. The process would be
the
    > > I-130 method is described here:
    > > http://www.ins.usdoj-
    > > .gov/graphics/services/oproc.htm    .
    > >
    > > The spouse would apply for a reentry permit before leaving the U.S. As
soon
    > > as possible after leaving the U.S., the spouse would get legal
guardianship
    > > of the child. The start date of the guardianship is the start date of
the
    > > required two-year period of custody and co-residence.
    > >
    > > The spouse would then start adoption proceedings, and adopt the child as
    > > soon as possible. Then after the two-year time had passed, the spouse
would
    > > file the I-130, either at the U.S. consulate in the home country, if
that
    > > consular allows Direct Consular Filing, or at the INS Service Center for
the
    > > residence in the U.S., if the consular post does not do DCF.
    > >
    > > Then the child will undergo normal consular immigrant visa processing.
An
    > > interview will be arranged at the consulate, and the child will get an
    > > immigrant visa, and enter the U.S. and become a permanent resident.
    > >
    > > > - On Green Card, it is not possible to stay outside of US continuously
for
    > > > two years. What is the actual definition of two years stay required
with
    > > > adopted child?
    > >
    > > The reentry permit will allow the spouse's permanent resident status to
be
    > > preserved for the two years, and then another reentry permit can be
obtained
    > > for another two years. It is actually possible to preserve permanent
    > > resident status for about 5 years while staying most of the time outside
the
    > > U.S., if the person can show that he or she has not abandoned permanent
ties
    > > to the U.S.
    > >
    > > The parent staying abroad would have to enter the U.S. again before the
    > > two-year anniversary of his or her departure, and then apply for another
    > > reentry permit. That visit to the U.S. can be short. It is
theoretically
    > > possible for the child to be granted a B-2 visitor's visa to make a
short
    > > visit to the U.S., if the consular officer believes that this particular
    > > visit will truly be temporary. If the child can't get a temporary visa,
the
    > > child will have to be left in someone's care while the parent makes the
trip
    > > home. Maybe the U.S.-based parent can make a trip to the home country
for
    > > awhile at that time.