[Maggiewu]

Hi,
I have adopted my niece last year while she was visiting us using B-1/2. The adoption is finalized last year. She got her birth certificate. She is 15 and I want to complete the immigration process for her ASAP. So I submit I-130 and I-485 for her green card. I was denied under HAGUE ADOPTION CONVENTION which took effect on April 1st last year. The convention requires prospective parents filling I-800 before adopton. The problem is my adption is already finalized (after 4/1/2008) and we were not aware of that. What should I do?

If she already got birth certificate with my husband and my names on as her legal parents, considering I'm US citizenship, can she apply citizenship directly?

If not, what process should I take to get greencard for her? I want her legally stay with us and free to go whereever she wants, such as visiting her natural parents in China.

THank you very much

[sak9645]

Unless I'm missing something, I do not understand how you could have adopted your niece in the U.S. Since she was a Chinese citizen, she would have had to be adopted in China, under Chinese law, even if you were a relative. And since both the U.S. and China have ratified the Hague Convention on intercountry adoption, the adoption would have had to be completed under Hague rules, as well.

Moreover, a child cannot come to the U.S. on a tourist visa for purposes of adoption. It is against U.S. immigration law. The U.S. government has a category of adoption visas (IR-3 and IR-4) for families adopting overseas and bringing a child to the U.S. I would strongly suggest that you contact an immigration lawyer, as you might have difficulty getting citizenship for your niece, given the irregularities.

Sharon

[Maggiewu]

There is no plan to adopt my niece while they visit here. It's out of emergency. Anyhow, when we adopted her, we were aware of hague convention since it's pretty new. So the adoption is completed legally. When I tried to change her state, I realized this convention. And we are stuck here. Any idea how we can change her state to stay with us legally?

Thanks a lot

[mdshahulhameed]

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[Max'smom]

Hi,
I agree with the above poster - you are going to need an immigration lawyer. I think that, even if you have been granted the right to adopt her domestically, you failed to follow the typical process for completing an adoption that will then automatically qualify you for citizenship. Perhaps it is possible that an immigration lawyer can help you. My understanding is that parents of adopted kids don't use the forms you mention for adjusting status. You may have a hard time from here, since she may not qualify as an orphan (you mention that she has biological parents still living in China, this means she may not qualify as an orphan for the purposes of international adoption). Anyway, you probably need an immigration lawyer.

[sak9645]

You need a lawyer who combines immigration and adoption knowledge. I know of two that are excellent, if you happen to be in Georgia or DC. If not, go to the website of the American Academy of Adoption Attorneys and see if any members in your state also have an immigration practice.

Sharon

[immigrationattorney]

I am an immmigration and adoption attorney.

If the adoption of your niece took place after 4/1/08, it is subject to the Hague Convention and U.S. law implementing the convention. So my first question is when was the adoption completed. If it was after 4/1/08, you will not be able to proceed under the I-130/I-485 process unless you can get a determination from the Chinese Central Authority that your niece was not an habitual resident of China. This can get pretty complicated and because the Hague is so new, many of the logistics are still being worked out.

Please feel free to contact me should you have any questions. I will be glad to talk with you.

C.J. Lyford