[rajayya]

Me and my husband are US citizens. We have one
daughter aged 13 yrs old. My sister died 3 days ago
due to some unnatural circumstances. We are very
devasted now. Her husabnd is directly/indirctly
responsible for heath. He is not mentall stable. My
siter has 2 daughtes, aged 8 yrs and 2 yrs old. My
sister's husband will relinquish his parental rights.
Based on my discussion with a local adoption attorney,
I understand there are 2 options to adopt them to live
with us. 1) We can apply for tourist visa and bring
them here and start the adoption work. 2) Start the
adoption work in India. I want to know which is the
easy one to do. Please let us know the procedures
invloved in adopting using Option 2. Is it more
complicated than Option 1?
Also, does the state law make life easier for Option 2?

If any one know of any attorney in FLorida, please let us know. SHould I necessarily use an attorney in Florida?

Thanks very much


Mala Mahesh

[Jim_in_PA]

I'm sorry to hear of your loss and applaud you for your interest in helping family members in need.

You are definitely going to need the services of an attorney who is facile with international adoption. This is not just a matter of "bringing the kids" since they are (I'm assuming) citizens of India and you are US citizens. While I suspect you can handle this as a private matter since it's within family, the US Government has a hand in how things go. You may find the information available from the US Department of State on India Adoption useful.

[sak9645]

You cannot bring the child in on a tourist visa and then adopt her. You could be charged with visa fraud if the U.S. government felt that you misrepresented the purpose for which you brought the child to the U.S. You must follow the rules of the Indian government with regard to the adoption and of the American government with regard to the immigration into the U.S.

Just like any other parent, you will need a homestudy. I'm told that the homestudy for a relative adoption is a bit simpler than one for adoption of an unrelated child; however, you will still need to submit to criminal records and child abuse checks, a home visit to insure that you can provide a safe and welcoming environment, and so on.

Just like any internationally adoptive parent, you will also need to obtain USCIS approval of your fitness to immigrate a child. A reputable and experienced U.S. immigration/adoption attorney can advise you on whether it is best to file the I-600A first and the I-600 later, or whether, since the child is already identified, you can get by with just filing the I-600.

And, just like any internationally adoptive parent, you will need to get USCIS approval of the child's qualifications for an adoption visa. The U.S. Immigration and Nationality Act allows adoption visas to be granted to a child living with a single parent WHO CANNOT SUPPORT HIM/HER AT THE LEVEL CUSTOMARY IN THE FOREIGN COUNTRY. If you can prove that, you should be able to get an an adoption visa for the child. Again, an experienced immigration/adoption attorney should be able to help you make the case.

A child can also get an adoption visa if he/she has been abandoned or legally relinquished to an orphanage, with no further parental involvement. A child cannot get an adoption visa if he/she has been living with married parents or parents in a common-law relationship recognized in the country.

Just like any person adopting from India, you will need to comply with Indian laws concerning removal of Indian children from the country for purposes of adoption. These laws are apt to be a bit more lenient for a person of Indian origin, but it is important to follow them precisely. Once again, an experienced immigration/adoption attorney can help you.

I hope this helps.

Sharon