Ok, first some background about me: I am Israeli, have adopted domestically (was forced into it by U.S. immigration) and I plan to adopt an older child from an Indian orphanage. U.S. immigration prohibits that from me by all costs. God forbid, I might adopt an Indian orphan!
I have several issues with what you are saying in this post. I will tell you what I think and I'll be quite frank here.
1. Yes, there is and should be a distinction between citizens and permanent residents. I agree. But why do you think would it be "unfair" to grant adopted the same visa status as their adoptive parents?!
I am permanent resident. My biological kids are entitled to permanent residency (not citizenship!) - why should a child that I adopt internationally NOT be entitled to the same status, i.e. permanent residency? Why this discrimination?
Note, I am not asking for citizenship here. I am asking for same immigration status. That's all.
2. You wrote "Non-U.S. citizens are discouraged from adopting internationally, in part because the U.S. government feels that it would lead to a situation in which non-citizens might try to adopt and bring their relatives to the country".
I AGREE 100%. Relative adoption should be prevented and THAT is what the immigrations laws should address. You write "in part" and hence I feel that there is more behind it than relatives adoption because that issue could be solved ... So what else is behind it?
The current only partially effective in preventing relatives adoption. If someone is determined to adopt their relatives and if there are no regulations against that, the net effect is that it will just postpone the adoption of relatives by five years - until the adopters have their citizenship. So relatives that were age 13 and older will not be adoptable anymore by the time the prospective adopters get their citizenship. Those who were 13 and under can now be adopted. Is that what we wanted to achieve?!
What do I suggest should happen in international adoption for permanent residents? Without investing five minutes thoughts, I came up with:
- Permanent residents can adopt internationally ONLY via certain agencies selected by U.S. immigration. The agencies will include a process for making sure that the child adopted is no relative of the adopting parents.
- AND: The adopted child will get the immigration status of the adoptive parents.
3. Now to your three options: "The first option, of course, is to become citizens". Yeah. That's what I'm doing now. Just hanging in there, in limbo. In two years, when I'll have my citizenship, all will be different, over night. Go figure.
"The second option is to adopt domestically". Oh my! Done that. I am Jewish and "worse", I am an active member of a Hindu temple. That is a big problem in this country because adoption is largely in Christian hands and/or birthmothers are looking for Christian parents.
I can only imagine how hard it would be for Hindus, for example. Please take your time and think about that point. Have you ever asked yourself that question or tried to see it from our angle?
Then you say "Unless they are absolutely wedded to the notion of adopting a child from the same ethnic heritage" etc. Keep in mind, we have to get chosen by a birthmother. Do you think things are that easy? Let me tell you form experience, it is not easy if you are a minority!
At the end, you say "Needless to say, it is also an option for people to give up their U.S. visas, go home, and adopt. Many, though not all, of the people who come to the U.S. had a decent life in their home country and can offer their children a decent life in their home country."
(My immediate thought was "Uh yes, and what about those of us who would not have a decent life?")
We are permanent residents and "permanent" means we came here to work and pay taxes (we actually pay the salaries of U.S. immigration, LOL!) and stay permanently.
The forefathers of American citizens were immigrants at some time, just like we are now. They came here to work and stay. Their offspring have been born here and enjoy the fruits of immigrants' hardships. Oh no, Sharon, we are not going back because of adoption.
To summarize, I am a firm believer of
when there is a will, there is a way. The reason why the current immigration law is what it is because nobody took enough time to study the situation and construct a come up with a fair solution. I suspect that the real reason is that there is no will since it touches only a marginal population. A one-size-fits-all law was issued and to hell with us green card holders and our feelings.
We can take this discussion offline. I can give you my contact details if you want and we can talk some more.