Archive for the 'Adoption' Category

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The Home Study And Adoption: An Immigration Lawyer’s Perspective

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’

Immigration Lawyer Explains Background Checks and Intercountry Adoption

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’

An Immigration Attorney’s Look at the Hague Process of Adoption

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’

Immigration Law Firm Aids in International Adoption with Foreign Born Orphans

For those seeking to adopt a child, we at the Ranchod Law Group in San Francisco, California, know that it can be a daunting experience. The road of international adoption can be especially complicated and tricky.

Who is Considered an Orphan by the USCIS?

A foreign-born orphan is defined by the USCIS as a child who no longer has parents due to various situations, including the death, abandonment, separation, desertion or disappearance of both parents.  The foreign-born child is also considered an orphan if he or she has a sole or surviving parent who can no longer provide for the child. In order for the child to be considered an orphan in this case, the parent must release the child for adoption and immigration in a written, irrevocable petition. The petition must be filed prior to the child’s 16th birthday or before his/her 18th birthday if the child is the sibling of an adopted or orphaned child and is adopted by the same parents that adopted their sibling. Continue reading ‘Immigration Law Firm Aids in International Adoption with Foreign Born Orphans’