Immigration Attorneys at Law

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International Adoption Law

Adding a child to your life through the miracle of international adoption is an exciting event. Yet for many, the actual process and procedures often seem overwhelming. Our office understands your concerns, and is here to guide you through the planning, process and paperwork associated with the adoption and immigration of a foreign-born child. We also serve as legal advisors to a number of US-based international adoption agencies, and can refer you to one of these qualified agencies to serve as your Primary Provider.

Additionally, we can advise on and assist with the transmission of US citizenship to children born abroad as a result of Artificial Reproductive Technology (ART), including via IVF and surrogacy. Our team can skillfully guide you through obtaining Consular Reports of Birth Abroad (CRBA) and US passports.

Finally, we are very skilled in and experienced with immigrating foreign-born children as Special Immigrant Juveniles (SIJs). This is a specialized process available to children who are physically in the United States; and who have been victims of abuse, abandonment or neglect at the hand of a parent, and for whom reunification with that parent and return to the child’s native country is not appropriate. This may be a viable option instead of, or alongside, your adoption plans.

Our services include:

International Adoption:

  • Screening of adoption-related plans of foreign-born children, and determining the most appropriate pathway to move forward. This may include referrals to accredited international adoption agencies to serve as Primary Providers for Hague and Orphan matters, or discussion about immigration pathways following a domestic adoption (US or foreign);
  • As part of that adoption plan, and in conjunction with your Primary Provider agency, assist with the preparation and submission of all Orphan or Hague forms (I-600A/ I-600 and I-800A/ I-800), and skilled responses to Requests for Evidence (RFE), Notices of Intent to Deny (NOID) and Notices of Intent to Revoke (NOIR);
  • When appropriate, prepare, file and manage I-130 Petitions for Alien Relative filed on behalf of foreign-born adopted children, as well as any associated I-485 Adjustment of Status and/ or Consular Immigrant Visa processing;
  • Motions to Reopen/ Reconsider with USCIS, as well as Appeals before the Administrative Appeals Office (AAO) and Board of Immigration Appeals (BIA);
  • Assistance with and representation before USCIS for Certificates of Citizenship (N-600 and N-600K), and the US Department of State for US passport matters;
  • Expert guidance on the complex Child Citizenship Act of 2000, especially as it relates to foreign-born children;
  • Assistance with adoption and ART related issues surrounding Lawful Permanent Residents (LPRs) and non-immigrants, such as those in the United States on an H-1B or other long-term visas.

SPECIAL IMMIGRANT JUVENILE PROCESS:

  • Screening of eligibility for Special Immigrant Juveniles, including those in active immigration proceedings;
  • Referral to qualified family law counsel in the state in which the child resides, and expert review of necessary predicate orders (including guardianship, termination of parental rights, adoption, and SIJ orders under state law);
  • Preparation, filing and management of immigration-related SIJ forms including I-360, I-765 and I-485;
  • Expert advice on post-immigration options including citizenship matters;

Our office has personal experience in adoption, and one of our attorneys is an adoptive mother of two wonderful foreign-born children. We understand the high level of emotions involved in this exciting and life-changing decision, and will be here every step of the way to make the transition to parenthood as seamless as possible. We look forward to hearing from you!

Helpful International Adoption Resources