There are many cases where an orphan or a specific process is necessary for a foreign national child to immigrate to the United States. However, a valid way for this to occur is through adoption. When certain forms filed through the correct authorities occurs, the adoptive family and the young person are both able to initiate the immigration process without further complication in usual circumstances. When using a procedure such as the relative petition, the family may adopt the child as if he or she were already a member of the family and a citizen of the country.
Through the immediate relative process, the family adopting the foreign national child may complete the adoption and enter the youth into the United States once there is sufficient proof of adoption through documentation. To satisfy custody and residence needs through paperwork, the family must supply the full and complete adoption files. If the young person is old enough, he or she may petition for parents and siblings. This often depends on the current laws in place and the completion of the necessary paperwork. The adoptive family must also provide consent to progress through the additional steps.
When a child is overseas or in a foreign country that has a relative in the United States, it is possible to use various methods to immigrate the youth to the country. However, some are displaced immigrants or children of families that are no longer alive. In these situations, the American citizen involved in the process may use the immediate relative process to provide sanctuary to the young person and include him or her with the family through an adoption process. Then, even a foreign national youth has the opportunity to become a United States citizen.
The adopted child becomes the youth of the adopting parent when the parent adopts the individual child before he or she turns sixteen or eighteen in certain circumstances. Evidence of the final and complete adoption process is important when the youth is an immigrant from another country. The parent must have legal and physical custody of this young person for no less than two years while the child is a minor. The involved court or governmental department or agency must grant legal custody for the process to remain valid. Both the custody and residence requirements are necessary before the adoption proceeds to the final phase.
The immediate relative petition for the adoption process with a foreign child may also lead to the incorporation of other family members. Usually, these situations involve a child that has a sibling already adopted by the family which occurred before his or her sixteenth birthday. The other youth may immigrate based on the adoption that could occur with the same adoptive parents. This provides various individuals the ability to file the immediate relative petition. These may include a United State citizen, a permanent resident that holds a green card, a child that is both unmarried and under 21, the unmarried child that is already over 21 and a married son or daughter.
To provide better opportunities, it is important to file the petition in a timely manner and with the appropriate immigration authorities. Filing for adoption may also proceed if the person is a permanent resident. This individual may adopt another child that is unmarried and under 21 or a son or daughter that is over 21 that is not married. Then, this person must file the I-130 form to start the immigration process. Depending on current immigration laws and the administration, this could take time or require additional steps.
Some individuals require assistance when attempting to adopt a person through the immediate relative petition. This generally requires the hiring of an immigration lawyer that understands where to file, how to complete the forms and any additional steps to transfer the person or child over to the United States without incurring violations.