Immigration Adoption Lawyer Services

Immigration Adoption Lawyer - Nanthaveth & Associates

At Nanthaveth & Associates, our immigration adoption lawyers have helped numerous U.S. families adopt children from abroad. Our guide outlines how immigration adoption works, the role of an immigration adoption attorney, and how you can begin your adoption journey with your future child.

Are you in need of help from an expert immigration attorney?

Don't hesitate to contact Nanthaveth & Associates. We have helped many people in the same situation as you. Contact us today for a consultation.

How Does Immigration Adoption Work?

Immigration through adoption involves adopting a child born in a foreign country and bringing them to live in the United States. U.S. immigration law provides three pathways for this process.

Immigration Adoption Lawyer - Adopting Internationally - Nanthaveth & Associates

What is an Adoption Service Provider?

An adoption service provider (ASP) is an accredited organization facilitating immigration adoption. They have a role in matching families with children, conducting home studies, and ensuring ethical practices.

While ASPs are highly involved in immigration adoption, they cannot provide legal advice or handle petitions like an immigration adoption lawyer can.

1. Hague Adoption Convention

You can adopt a foreign child through the Hague Adoption Convention if the child resides in a Hague Convention country. This treaty protects children's best interests with ethical adoption practices.

Adoptive parents must be U.S. citizens habitually residing in the United States.

If unmarried, the adopting parent must be at least 25 years old when filing.

The child must be younger than 16 (or younger than 18 if adopting a sibling) and eligible for adoption under the Hague Convention.

An immigration adoption attorney can help you communicate with a U.S.-accredited ASP, complete a thorough home study, and file Form I-800A (to evaluate your eligibility to adopt) and Form I-800 (to classify the child as eligible for immigration).

2. Immigration Adoption Through the Orphan Process

For children residing in non-Hague countries, the Orphan process allows parents to establish the child’s eligibility as an orphan under U.S. immigration law.

Adoptive parents must be U.S. citizens.

Married couples must file jointly; unmarried individuals must be 25 years or older.

The child must meet the legal definition of an orphan (e.g., due to abandonment, death of parents, or written irrevocable consent by a surviving parent).

This process requires filing Form I-600A (to establish suitability) and Form I-600 (to classify the child as an orphan). An immigration adoption lawyer may also help you do a home study and gather evidence of legal adoption or intent for U.S.-based adoption.

3. Immigration Adoption Through Family-Based Petitions

U.S. citizens or lawful permanent residents can adopt a child through family-based petitions. They may adopt close relatives, such as siblings or stepchildren. Children from Hague Convention countries are typically not eligible for the family-based petition process. Unlike the Hague and orphan processes, adoptive parents are required to:

Provide proof of a completed adoption.

Meet the requirement of having legal custody for at least 2 years.

Live with the child for at least 2 years.

Meet these conditions so that the adopted child can qualify as theirs for immigration benefits.

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Immigration Adoption Application Processes

Hague Process:

Contact an ASP: Work with a U.S.-accredited adoption service provider and complete a home study.
File Form I-800A: Submit documentation to USCIS proving eligibility to adopt. ASP transmits approved Form I-800A and home study to the child's country of origin (COO).
Receive Provisional Approval: Once approved, the foreign authority proposes a child eligible for adoption.

Immigration Adoption Lawyer - Step-by-Step Guide - Nanthaveth & Associates

File Form I-800: Confirm the child meets Hague adoption requirements.
Adoption/Custody in Child's Country of Origin (COO): Complete the adoption or receive custody in the child's COO.
COO Reviews and Certifies Compliance: Secure final approval with your child's immigrant visa and Hague certificate issued by the Department of State (DOS).

Orphan Process:

Home Study: This step determines your ability to provide proper care.
File Form I-600A: Establish your eligibility to adopt an orphan. Then, the ASP will transmit the approved form and home study to the foreign authority in the child's COO.
File Form I-600: USCIS or COO determines the child as an orphan.
Complete adoption/custody abroad
DOS Issues Visa for the Foreign Child: Secure a visa for the child to enter the United States.

Family-Based Petitions:

File Form I-130: Submit evidence of familial and legal relationships.
Satisfy the Two-Year Rule: Demonstrate at least two years of joint residence and legal custody.
Complete Adoption Finalization: Submit all required USCIS documentation.

Grow Your Family with an Immigration Adoption Lawyer

At Nanthaveth & Associates, our experienced team of immigration adoption attorneys is here to streamline the legal process and support you and your family in your immigration journey. Consult our immigration adoption lawyers, and we will help you grow your family in the U.S.