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International adoption of a minor child for immigration purposes, what is the law?

Immigration Law Question: International Adoption

A couple wants to adopt a child from another country. They inform their attorney that they have already decided to adopt a niece living abroad. What can be done to accomplish this adoption?

First, you can adopt only a minor under the age of 16, for immigration purposes. In addition, you must prove that the child has been residing with you for at least 2 years during which period you exercised complete parental control over the child unless the child is already an orphan. Adoption of children from foreign countries is possible but should be conducted with a well-informed immigration attorney.

In addition to complying with all United States Laws, Rules, and Regulations, the country where the children currently reside as well as, in some situations, the birthinternational adoptions country, must be complied with which usually requires your U.S. attorney to work with an international attorney who is licensed in the respective countries.
Fernando Palacios, Esq.



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