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  #1  
Old 08-01-2005, 09:20 PM
forex_dealer forex_dealer is offline
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Adopting a foreign child who is already in the US,URGENT!!

Hello users,
I have a unique situation.I'm 53 years old,single male.I want to adopt a child,15 year old,who is already in the US.Child is a visitor in the US and I would like to adopt him and just keep him here with me,so I think I should be able to avoid the I-600 application because the child is already in the US.
But I'm not sure how it is all going to work,is it any different from the regular international adoption?Does the fact that the child is already in the US make any changes?Does it do any good to the adoption process?
Maybe somebody has already had some experience,at least something like mine.I would appreciate any information.
thanks a lot.
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  #2  
Old 08-02-2005, 11:34 AM
i_needhelp i_needhelp is offline
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I am also in a similiar situation, i also need help URGENTLY. I would also like to how i go about adopting a child (relative) who is currently in the us.

Last edited by i_needhelp : 08-02-2005 at 11:39 AM. Reason: needs more information
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  #3  
Old 08-02-2005, 11:38 AM
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BrandyHagz BrandyHagz is offline
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Unless the child is a US citizen, UCIS Approval would still be required, as would approval from their government.

We have a really great UCIS pro here on the forums and I was hoping she would see this thread and post...I'll send her a PM and see if I can get her to post specifics.
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Old 08-02-2005, 11:45 AM
i_needhelp i_needhelp is offline
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Thanks a lot BrandyHagz. Iwould be very grateful if u could get her to post specifics
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Old 08-02-2005, 01:01 PM
sak9645 sak9645 is offline
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Technically, you can't.

The child is a citizen of another country. Therefore, the child is supposed to go through that country's relinquishment and adoption process.

As an example, when Russian orphans come here for summer visits through KidSave and other organizations, and families want to adopt them, the children have to go back to Russia and wait for the adoption process to be completed, and then come home on an IR-3 or IR-4 visa.

It does not matter whether or not the child is a relative.

If there is evidence that a person knowingly and willfully brought a child to the U.S. on a tourist visa, with the intent of having him stay in the country, he/she could be prosecuted for visa fraud.

However, there may well be loopholes, and I would strongly urge you to contact a qualified immigration/adoption attorney immediately. Forex, the need to proceed quickly is particularly strong in your case, because of the child's age.

If your child has to go home first and wait for an adoption process, he/she may not be eligible for an IR-3 or IR-4 visa, because the "orphan petition" for immigration must be filed before the child has his 16th birthday.

If you are in the DC or Atlanta areas, I am familiar with two excellent adoption/immigration attorneys. One used to work for the INS, the precursor of the USCIS. I'm not allowed to mention fee-based providers on this site, but I'll gladly PM the names if you are in those areas.

Otherwise, call the American Academy of Adoption attorneys or the local bar association. Make sure you get someone who is very familiar with international adoption and immigration law.

No one likes to spend on lawyers, but use of an attorney is really advisable in your situation.

Sharon
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Last edited by sak9645 : 08-02-2005 at 01:03 PM. Reason: clarification
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Old 08-04-2005, 03:29 PM
forex_dealer forex_dealer is offline
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sak9645,
thanks for your consideration.Really appreciate your help.Now I have an idea.
Actually,I have already talked to an attorney,he told me that it wouldn't be a problem to adopt the child.Once he gets adopted,he would have to live with me for the next two years and in two years I would be able to apply for status adjustment.In other words permanent resident.
I really wouldn't like to send him back home and wait through this hassle of getting the visa.
So I was wondering if it would be possible or let's put it this way,real for him to stay here and then i could apply for adjustment of status.
I'm in Atlanta metro area,i would appreciate if you could PM me the details of those attorneys.
Also,what do u think about this case?
Let's say,I do adopt him,and I think he will have to be out of status for the next two years,but I should be able to adjust his status once he serves the two year requirement.
I would appreciate your thoughts.
Thanks once again.
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  #7  
Old 08-04-2005, 03:32 PM
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BrandyHagz BrandyHagz is offline
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Forex,

If I understand the law correctly, I believe that he would have to live with you for two years in his native country, then he/you can apply for citizenship for him...but I hope Sharon can clarify that.
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Old 08-04-2005, 09:52 PM
sak9645 sak9645 is offline
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I'm going to PM you, since I want to mention an excellent immigration/adoption lawyer in the Atlanta area. If she can't help you, no one can. She is very highly respected.

Sharon
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