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Old 04-20-2008, 10:30 AM
xyz2008 xyz2008 is offline
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Adopting a foreigner alreay in the US

Hi,

I hope this is the right forum for my question.
A son of my brother, came to the US as a visitor (Tourist Visa). I like him and wanted adopt him. His parents and the child agree.

I am a green card holder and my husband is a citizen. Is there a chance for my to process the adoption within the US? Anybody has knowledge of this?

Thanks
XYZ
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Old 04-20-2008, 11:01 AM
sak9645 sak9645 is offline
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Two sets of laws apply to your situation.

First off, U.S. immigration law would require the child to return to his home country, upon the expiration of his tourist visa.

And, second, since the child is a citizen of a different country, the laws of that country would determine whether you could adopt him.

The best thing for you to do is to consult an experienced adoption/immigration attorney, to see if there is any possible way around the laws.

If not, it is highly unlikely that you would be able to adopt the child. Even if the foreign country would allow you to adopt him, the U.S. government will not grant an adoption visa to a child who has been living with two parents.

Sharon
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Sharon, age 63
Mom to Rebecca
born 10/18/95
adopted 5/5/97
Xiamen (Fujian prov.), China
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  #3  
Old 04-21-2008, 07:00 PM
xyz2008 xyz2008 is offline
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Thanks Sharon,

I Understand. The last part I am not clear.

You mean we can't adopt a child from foreign country who has been living with two parents?

Thanks
XYZ
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