adoption during greencard process

Old Jan 27th 2001, 5:37 pm
  #1  
am7i
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Hi Everyone,

My husband and I ar in the US on H1 visas. Our I-140 OR has been filed and we expect to
hear back from the INS within 2-3 months (hopefully an approval). Now, we'd like to adopt
a child from our home country and we are not sure of how the timing should be... The
adoption process may take up to 6 months. If we do not file I-485 will we be able to get a
H4 visa for the kid at the foreign embassy once the adoption is complete? If we do file
the I-485 without including the child in the application will it still be possible to
bring him/her here?How?

Any suggestions are greatly appreciated (our company-paid immigration lawyer does not
waste his time on communication with his clients...) Thanks,
A.
 
Old Jan 29th 2001, 6:03 pm
  #2  
Sylvia Ottemoeller
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My husband and I ar in the US on H1 visas. Our I-140 OR has been filed
> and we expect to hear back from the INS within 2-3 months (hopefully an approval). Now,
> we'd like to adopt a child from our home country and we are not sure of how the timing
> should be... The adoption process may take up to 6 months. If we do not file I-485 will
> we be able to get a H4 visa for the kid at the foreign embassy once the adoption is
> complete? If we do file the I-485 without including the child in the application will it
> still be possible to bring him/her here?How?
>
> Any suggestions are greatly appreciated (our company-paid immigration lawyer does not
> waste his time on communication with his clients...)

You will not be able to get an H-4 visa, and you will not be able to file an I-485 for the
child. A foreign-born child adopted by persons who are not U.S. citizens will not be
defined as a "child" for immigration purposes until the child has lived with the adoptive
parents for two years. There is no way to get the child into the U.S. to live with you for
two years. You would have to live with your child outside the U.S. for two years, and thus
you would be jeopardizing your permanent resident case, or a parent remaining in the U.S.
would have to be separated from the other parent and the child for two years.

I know this sounds harsh, but it is reality. You should not plan on adopting a
foreign-born child until you are U.S. citizens. The U.S. law simply does not accommodate
your situation.

See http://travel.state.gov/ir_petitions.html.

Also, you should hire your own lawyer to handle the adoption immigration stuff, if you
eventually do that. It's a specialized area.
 

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