Published in
Adoption,
February 27, 2010
I work with many families and the successful immigration of the new member of their family to the U.S. In my capacity as a lawyer, one area that I always address with my clients is the need to ensure that once the child is adopted, they obtain proof of citizenship. Doing so is essential as it validates that the child is a U.S. citizen.
There are two ways for parents to secure proof of citizenship. They may apply for and obtain a Certificate of Citizenship from the U.S. Citizenship and Immigration Services or they may secure a U.S. passport for the child. Continue reading ‘Immigration Lawyer Discusses Obtaining Proof of Citizenship after Adoption’
Published in
Adoption,
February 27, 2010
As an immigration lawyer, I work with people who are considering adopting a child from another country. Before the process ever begins, there are some concerns and questions that any adoptive parent must address.
Adoption within your home country can be a long road and going outside of the country can be even trickier, although well worth it. When discussing and considering intercountry adoption, there are various areas of concern. Here are five key categories that you should investigate. Continue reading ‘Intercountry Adoption Concerns: Thoughts from an Immigration Attorney’
Published in
Adoption,
February 27, 2010
In my work as an immigration lawyer, I have to make sure that parents are well aware of the steps they must take to ensure that the new member of their family meets U.S. immigration and citizenship requirements.
Here’s a summary of those steps that adults involved in intercountry adoption may need to take. As is always the case, it’s best to work with a lawyer experienced in the area of international adoption. Continue reading ‘Immigration and Citizenship Requirements for Intercountry Adoption’
When you work in the area of immigration as an attorney, you’re certainly sensitive to client concerns and keep current on national and political trends. Thus, when President Obama barely touched on immigration reform in his State of the Union Address, giving it a mention in one sentence, I knew there would be fallout from advocates of reform and from many of my clients.
Immigration reform is a huge issue in this country—emotionally, economically, culturally, etc. A part of Obama’s platform when he was running for president was immigration reform. So when he spent next to no time on it in his State of the Union there was concern. Continue reading ‘Will Immigration Reform be Helped or Hurt by Election Concerns?’
I find as an immigration lawyer that the issue of immigration reform, next to health care reform, creates heated debate. Many feel that it’s an economic issue and that undocumented immigrants put a strain on our economy. But for many lawmakers and leaders in this country, it’s become clear that something has to happen and that deporting those who are undocumented is impractical and could be detrimental to the nation.
There are approximately 12 million undocumented immigrants in this country. A large number of those people have been here for years and many of them are contributing members of society who live under the radar. Additionally, many of these immigrants send remittances back to their families who still live in their native land. A remittance is simply money that is sent by an immigrant to their family members who still live in their land of origin. Certainly, those of us who work as immigration lawyers work on a daily basis with people who are supporting families they left behind. Continue reading ‘Remittance and Immigration Reform: One Lawyer’s Perspective’
When working as an immigration attorney, it’s important to keep current on not just shifting trends but the reasons for them. As an example, if proposed changes in the immigration law are based more on sentiment than fact, this may say something about the forces behind those changes and even their ability to make change.
There’s been a lot of talk and activity in the U.S. Congress this past year and also early in 2010 around immigration reform. Although Democrats have led it, a coalition has developed with Republicans and that means that changes may occur in immigration law, affecting immigration lawyers and their clients. Continue reading ‘Immigration Law Changes Backed by New Study’
As an immigration lawyer, I’m well aware that immigration law will be changing again shortly as the US Congress prepares to debate this hot button issue. One major bill, which has been introduced by Congressman Luis V. Gutierrez (D-IL) and strongly supported by Congressman Mike Honda (D-CA) is The Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP), H.R. 4321. The bill has also been strongly supported by the Congressional Asian Pacific American Caucus (CAPAC). Representative Honda chairs the CAPAC.
It’s a bill that covers a lot of immigration territory. One of the major issues includes making sure that those in the US from foreign countries can bring their families here through an efficiently designed and well-run reunification system. This aspect of CIR ASAP incorporates Honda’s bill entitled Reuniting Families Act. Continue reading ‘Important Immigration Reform Debate in Congress’
Published in
Adoption,
February 22, 2010
Those couples or individuals who want to adopt a foreign born child must go through a home study. The home study, which is conducted by an authorized or licensed home study preparer and not by the USCIS.
Purpose of the Home Study
The home study has two purposes. First, it is done to aid the USCIS in deciding if those who wish to adopt a foreign born child will be appropriate parents. Additionally, the study is undertaken to determine if the prospective adoptive parents are eligible to engage in the process of intercountry adoption.
Home Study Requirements
The following is required of the home study preparer.
- Go to the prospective parents’ home and engage in at least one home visit.
- Engage in at least one interview of prospective parents. This is done in person.
- Interview in person any adult member of the prospective adoptive parents’ household. This must be done at least once.
- Record the number of home visits and interviews.
- Report on any other contact with those they interviewed. Continue reading ‘The Home Study And Adoption: An Immigration Lawyer’s Perspective’
Published in
Adoption,
February 22, 2010
Anyone wanting to adopt a foreign born child will go through an array of investigative processes, including a home study and background check. As an immigration attorney, I find that often people know little to nothing about the background check and how it works. In this blog, I’m going to consider what you should expect when undergoing a background check.
Hague Adoption
In a Hague Adoption the home study preparer is charged with reviewing child abuse registries in all states and foreign countries that each adult has resided in since his/her 18th birthday. They will check on any and all adults in the household, including you and your spouse.
There are four different situations that will define how the home study preparer will approach the investigation of any potential child abuse. If they are searching a foreign country or state that allows access to records, they will simply check for records. But some countries and states require permission from the person being reviewed and others will only release the information to the person being investigated. Continue reading ‘Immigration Lawyer Explains Background Checks and Intercountry Adoption’
Published in
Adoption,
February 22, 2010
When I work as an immigration attorney with client’s who are looking at intercountry adoption they are often surprised to hear that there are three separate processes in which people in the United States may engage. There are two primary types—the Hague Process and the Orphan Process (non-Hague). There is a third type that the U.S. Citizenship and Immigration Services (USCIS) term Other Adoption Related Immigration. Each has its own parameters and each is intended to protect the child and all others involved in the adoption process.
Although the Hague and Orphan processes differ in some ways, they do have many similarities. Here’s a look at the Hague Process. I’ll address the Orphan Process and the process known as Other Adoption Related Immigration in future blogs. Continue reading ‘An Immigration Attorney’s Look at the Hague Process of Adoption’
