There are laws in place that govern immigration. Those who have family members living overseas can apply for an immigrant visa to bring those people legally to the United States. The rules for family visas are different depending on your relationship to that person and other circumstances. When the relative happens to be your niece, nephew, cousin or other minor relative, laws are much different than they are for adults.
The rules that apply to adopted children are much different than those for family members, even if the child in question is actually related to you. These rules actually depend on whether or not the child in question is considered to be an orphan. You should understand that the definition for orphan also takes on different meanings where immigration laws are concerned.
Technically speaking, an orphaned child is one that has no parents because those parents have died or have disappeared and no one knows where they are. Children who are deserted or abandoned by their parents and those who are separated and lost from their parents are also considered to be orphaned. If adoptive parents plan to adopt a child who lives overseas and they do not see that child physically before the foreign adoption takes place then another legal adoption must take place when the parents and the adopted child return to the United States.
In order to qualify legally for United States immigration as an immediate family member, the orphaned child must by adopted by someone who is a legal citizen of the United States and his or her spouse. An unmarried citizen may also adopt a foreign child if that citizen is at least 25 years of age. In either case, the adoption can take place in the child’s home country or in the U.S. The Attorney General must believe that the parents adopting the child are able to provide for that child and the adoption has to take place before the child is 16 years old.
Because adopting foreign children can be tricky, it is always best to consult with an attorney who has a bit of experience in these cases. Your attorney can help you to file the appropriate paperwork and ensure that you are doing everything legally to bring your adopted child home.
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