[Maggie Beth]

Originally Posted by sak9645

Your situation is treated differently in the U.S. Immigration and Nationality Act. The Act specifies that it's fine for a U.S. citizen married to a legal immigrant to secure an adoption visa for a child, as long as both parents and the child meet all other requirements of the law. The issue of whether you are put down first or second is irrelevant to this discussion.

However, under the Act, it is not possible to obtain an adoption visa for a child if neither parent is an American citizen. Short of advocating for changes in the law, there isn't much that can be done by the ordinary couple. The options are very limited:

a) They, or at least one spouse, can apply for U.S. citizenship and wait until it is granted. Then they can adopt from overseas. This can take a very long time.

b) They can give up permanent resident status, return to their country of citizenship, adopt a child, and bring it up in their country of citizenship. This often means giving up a good job and all the things that brought them to the U.S.

c) They can have one spouse live abroad with an adopted child for two years, then come to the U.S. This is untenable for most families.

d) They can investigate domestic adoption in the U.S. It may be possible, I'm told, though I am not 100% sure.

e) They can give up their dream of adopting.

Not the greatest options, to be sure. But until the law is changed, they are the only options.

Sharon

Sharon --

I understand all this! However, if they adopt thru Italian laws, there may be some visa available to bring this child to the U.S. But I understand that only if one parent is a U.S citizen can they get a U.S. adoption visa. I understood when you posted earlier & I still understand! What if they gave birth to a child in Italy & then came to the U.S. to work? They would get some sort of U.S. visa to bring this bio-child here... So, I am attempting to learn what the options are. Thank you again for the excellent explanation of U.S. adoption law.

Alex

[Maggie Beth]

I guess I still have not made myself clear. These folks do not want or expect their child to be an American citizen. They are Italian citizens with permanent resident status in the U.S. IF they adopt internationally, I am attempting to determine how they obtain a Visa for the child to enter the U.S. -- but not an adoption one as are available to children adopted by U.S. citizens.
My originial question was how they would get started with international adoption even though they are not U.S. Citizens, but legal permanent residents.

How can I request that this thread be closed? Obviously I opened up issues that I did not mean to stir up! Sorry for the tremendous confusion!

[tookie12]

I understand your frustration, and i hate to be the bearer of bad news, but...

As permanent residents your friends face an almost impossible battle to adopt internationally. The biggest problem is not the adoption itself. If they want to adopt thru an agency in Italy, then they can do that or if they want to adopt thru an American agency i believe they are allowed to do that also, being that they are permanent residents of this country.

The problems begin AFTER the adoption when time comes to bring the child to the USA. The US immigration law (more specifically the Immigration and Nationality Act) defines an adopted child as: '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.'. In order to bring an ADOPTED child to the USA, (not to be an american citizen but just to enter the country) a permanent resident has to reside with the child outside the USA for 2 years. Since a permanent resident would loose their status as a perm. resident if they lived outside the USA for 2 years, this seems impossible and is probably why very few perm. residents can do this. The only way an adopted child of perm. residents would be able to enter the USA, is on a visitors visa, which are usually only good for 6 months at a time.

A natural born child would qualify to enter the USA without the 2 year limit. This only goes for adopted children regardless of where the couple resided at the time of the adoption. Its a flaw in the immigration law, and there have been petitions to try to have this changed.

If you do a google search on 'permanent residents adoption' you will find a lot of info on this subject.

I hope this was helpful for you.