[Azov]

I'm curious about Russia adoption. If you're orginally from Russia but now have American citizenship, is it possible that the process can be expedited or made easier or shorter because you speak the language and know the culture? Has anyone experienced this or known someone who has? Real information is appreciated.

[beckyww]

It might be easier mentally but I doubt it'd be any quicker. You have to use an agency and they move as they move, as does the Russian process.

Becky
http://thisreminds.me

[Azov]

How long did your adoption take?

[sak9645]

Russia does not expedite on the basis of Russian ancestry. In general, you can expect your adoption to proceed pretty much as it would for any prospective parent. When you finally go to court, the judge may view your case a bit more favorably, because you will be seen as in a good position to teach your child to appreciate his/her cultural heritage. However, you would have to meet all the normal requirements and the judge would still have to be convinced that you would be a good parent, who would not abuse, neglect, or abandon your child. He/she still might not waive the 10 day wait after court, before you could leave for Moscow.

Sharon

[MoscowGirl]

If you are using an agency, the answer to your question is "no." Same rules applied to me as to other Americans adopting from Russia.
Good luck!

[libalm]

Hi, I am Russian American myself and was researching this question for a long time. BTW try u-mama.ru forum, girls there are very helpful. The answer on your question is no, esspecially now when it is mandatory to go through the agency, so no independent adoption anymore (where our language, knowing culture and other skils would help a lot). The advantage is you can pick the child from Federal Data base usinovite.ru and call Reg.operator yourself and talk to them as well as ask your agency to find out about the kid. Another good thing is when adoptation period starts and your lil' one starts to show you the character then you already know the language and can imagine what kid went through, you know the russian fairy tails that kid heard and songs, etc. So it might be much easier to find a common ground. But legally - we are americans and go through the same procedure.

[xanderv]

The difference does exist if you still have Russian citizenship. The Russian law specifies a procedure for adoption by Russian citizens living abroad. It is basically the same as for the citizens residing in Russia, except that the approvals are needed from social services of the country of residence, with all documents properly translated and legalized. Also, to address some of the statements found in this thread, the use of intermediaries is in no way stipulated by the law.

[k8c]

I lived in Russia while for six years. While I was there, a good friend adopted a child. She was Russian, her husband was American. She chose to adopt the child using the Russian process (She and her husband both did a re-adopt in the US). It was much less expensive, she had no problems adopting a pre-identified child, her process was short.

But.

When it came time to get her son's visa to the US she had all sorts of problems. That was an incredibly difficult endeavor.

We were in-process at the same time and it was interesting to see which parts of the journey were different.

I would use a US agency and adopt as a US citizen. The biggest lesson I learned was that in the Russian adoption process, it does not pay to be different. ;>

I don't think, as mentioned above, if you are using a US agency that you can choose a child from the database just because you are Russian-American. And, in the experience of another forum member, direct phone calls to the authorities rather than going through the channels other US families use not only were frowned upon, but jeopardized the adoption.

I thought living in Russia would make my adoption easier. I also thought it would be better if I had lived in the culture, knew some of the language, etc. While I still think that living there was invaluable, it certainly did NOT make things easier.

Feel free to IM or e-mail.

[xanderv]

Good point about the visa. Hopefully the situation with visas (of all types) is becoming easier nowadays.

[erunda_27]

I am in the same situation as your friend. Did independent adoption of twins in Russia and at present time can't get entry visa to USA at the embassy. We are desperate at this point; family is split: I am in Russia, husband and mydaughter are in USA. If you know how yor friend resolved their problem at the embasy or can email me her contact info I will really appreciate it. Thanks

[sak9645]

Erunda:

In your case, is it an issue of independent adoption? Or is it whether you followed U.S. immigration law -- the U.S. Immigration and Nationality Act -- which specifies the requirements for bringing an adopted child into the U.S.

In order to obtain an adoption visa (IR-3 or IR-4) for your child, at least one spouse must be a U.S. citizen. You CANNOT bring a child into the U.S. on an adoption visa if both spouses have green cards or work visas, and it is illegal to obtain a non-immigrant visa for your child, such as a tourist visa, if you intend to try to keep your children in the U.S.

As with all adoptions, international or domestic, the prospective parents must have a homestudy in their U.S. state of residence. In general, most prospective parents should file the I-600A and the approved homestudy with the USCIS prior to applying to adopt overseas, to get U.S. approval of THEIR qualifications to bring an orphan into the U.S., although it is possible to do this step concurrently with filing the I-600 at the U.S. Embassy in Moscow, unless Russia will not approve an adoption without seeing the I-600A approval (171-H or 797-C).

Once you have adopted the child and gone through any waiting period required by the child's area of residence, the parents must go to Moscow and file the I-600 -- the companion piece to the I-600A, which approves the CHILD's qualifications, and does a final review of the parents' fitness to adopt.

Under the U.S. Immigration and Nationality Act, an adoption visa can be issued only if a child is under 16. The sole exception is that, if the parents have already adopted a biological sibling of the child, the I-600 can be filed up till the child's 18th birthday.

Under the same law, the child MUST qualify as an "eligible orphan", even if he/she is a blood relative. The U.S. defines "eligible orphan" as a child who either:

1. Has been living with a single parent, who cannot support the child at a level considered normal in Russia (not the U.S.); or,

2. Has experienced the death of both parents (death certificates required); or,

3. Has been abandoned, and has no contact with the biological family, whose whereabouts are unknown; or,

4. Has been removed from the biological parents, who have had their parental rights terminated by a legitimate government agency, for a reason such as abuse or neglect; or,

5. Has been relinquished voluntarily and legally to an orphanage or other source of care, and has no contact with the biological parents.

IT IS NOT POSSIBLE TO SECURE AN ADOPTION VISA FOR A CHILD WHO HAS BEEN LIVING WITH TWO PARENTS, OR A PARENT AND A STEP-PARENT. If someone adopts a child who does not meet the "orphan definition, and wishes to bring him/her to the U.S., the parent will have to live overseas with the child for two years, and then apply for a regular dependent visa for the child. Unfortunately, there have been many families who have not done their homework, completed an adoption, and then found that they could neither get an adoption visa nor live overseas for extended periods.

Now, with regard to the issue of independent adoption, Russia has NOT ratified the Hague Convention on international adoption, which requires use of an agency that is Hague-accredited or an attorney that is Hague-approved in the adoptive parents' country of residence. As a result, independent adoption would be permitted UNLESS it was prohibited by Russian law.

The USCIS will NOT issue a visa to a child whose adoption is not considered legal under the laws of his/her country of residence, or whose adoption is believed to have involved unethical practices, such as baby-stealing, baby-buying, coercion of the birthmother, or fraud.

My understanding is that some Russian regions have still been approving some independent adoptions. Traditionally, the Russian central government has attempted to ban independent adoptions, but the practice has continued and, until recently, the USCIS has not prohibited the issuance of visas to children adopted independently.

Over the past few years, however, there have been several high-profile cases in which Americans were found to have abused or neglected their Russian-born adopted children, causing their deaths. There has also been one case in which an American sent her Russian-born adopted son, unaccompanied, on a flight to Russia, with no one waiting to meet him on the other end and a note requesting that his adoption be overturned and that he be returned to the orphanage. These cases sparked, within Russia, calls for either an end to adoption by foreigners, or to tighter regulation of adoptions.

In July, 2011, Russia and the U.S. concluded an agreement, which you can read about on the U.S. State Department's adoption website, at Country Specific Alerts and Notices | Intercountry Adoption.

This agreement BANS independent international adoption, except in cases involving adoption of blood relatives. It requires Americans seeking to adopt non-relatives to go through an agency that is licensed in the U.S. and accredited by the Russian government.

I am not familiar with the current practices of the U.S. Embassy in Moscow, but it is possible that the Embassy is denying visas to children whose independent adoptions occurred after July, 2011, even if their parents began the adoption process before that date. While you might appeal such a denial on grounds that families who were in the process of an independent adoption before that date should be "grandfathered in", and allowed to obtain visas, I am not aware of anything in the agreement that speaks to the issue of such families. However, if Russia does not want any visas issued after that date, even if the adoptions were in process earlier, it is likely that the U.S. will honor their preference.

Let me suggest that you contact a good American adoption/immigration attorney, who can let you know what your options are. If you have received a Notice of Intent to Deny (NOID) or an actual denial, the lawyer may be able to launch an appeal. PM me if you want the name of one well-qualified adoption/immigration lawyer, who is very experienced with appeals of NOIDS and denials. There are others, but she is one with an impressive track record.

Sharon

[MoscowGirl]

Erunda_27, I second the previous poster. I wonder if you filed the I600A form. After filing, did you get approved and got 171-H or 797-C before you left for Russia to adopt? My Russian friend is in Russia right now (her American husband is home in the States) going the same route as you. And she did these steps before she left.
I hope everything goes well for you and the situation will get resolved!

[xanderv]

How can one appeal a consular decision to deny a visa? Those decisions do not seem to be subject to any judicial review.

[sak9645]

There is a process. But an experienced adoption/immigration attorney is the best person to walk you through it, beginning when you get a Notice of Intent to Deny (NOID).

Back when Vietnam and Cambodia were closing, in around 2001, many families were able to get NOIDs overturned or humanitarian parole granted, using certain highly experienced lawyers. As an example, there is a woman in Georgia, highly respected within the ABA, who knows the ins and outs of U.S. immigration law, as well as being an expert on the Hague Convention (I know it doesn't apply in this case), and a member of the American Academy of Adoption Attorneys. She and another lawyer spent an enormous time, often uncompensated, helping get kids home from those two countries, particularly in cases where the U.S. Embassy in those countries did not do a proper investigation of an immigration petition and incorrectly declared that a child was not an orphan, etc.

Sharon

[erunda_27]

Sharon,
Could you please provide information fot this attorney?