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Hi,
Me and my wife is planning to adopt a child from India. We both from India. I am on green card and my wife is on H1-B,her green has been just filed and is in process. As per my immigration lawyer we have max 9
months to complete the adoption process, bottom line, the full adoption should done before her GC got approved.
Q1) So, is it possible adopting a child from India and bring on dependent visa h4 within 9 months?.
Q2) Can we bring child on h4 visa or not?
Till now whatever we heard or read, is not really that promising.
Secondly is financial factor, what is total cost involved? we have gone thru lot of web sites for adoption agencies, some agencies talking about additional cost in india from $3000 - $9000,it is very confusing. is there any hidden cost which agency don't talk about. What i heard that agencies in india are ask for donations, which ranges 5000$ to 15000$ is it right?.
Any suggestion or feedback is highly appreciated.
1. Unless you are married to a U.S. citizen, you will not be able to bring an adopted child into the U.S. immediately after the adoption, if you are not a U.S. citizen. The child MUST have an adoption visa, and the rules for adoption visas require at least one parent to be a U.S. citizen. If you don't get an adoption visa, you will have to live overseas with the child for two years, before you can bring him/her to the U.S. And that won't work for most non-citizens, because it would mean giving up their own visas and having to reapply. All in all, wait until you become a citizen.
2. Do NOT attempt to contact any orphanages or identify a child while you are visiting Bangalore, if you hope to adopt. Both the U.S. and India are party to the Hague Convention on intercountry adoption, and any attempts to pick a child, meet with birthmothers, etc., are forbidden by that Convention, which wants to be sure that there are no improprieties in the adoption process.
3. To adopt from India while resident in the U.S., you will be required to use a U.S. agency that is accredited by India and accredited by the U.S. government to do Hague adoptions. You cannot do an independent adoption or use an Indian agency. Even if you are NRI or whatever, you have to follow most of the rules for foreigners. The process for a Hague adoption is extremely complex, and you should find the most experienced U.S. agency you can to help you through it. Remember that you will have to comply with Indian laws, your U.S. state's laws, U.S. immigration laws, and Hague rules.
Sharon
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Hi All
Here is my finding after discussing with immigration Lawyer, US Adoption Agency, Indian Adoption Agency, India Govt Department and going thru USCIS documentation and try to connect the dots, we decided not to adopt a child as there is no clear direction by US and Indian government.
1. You can adopt a child in India thru Indian adoption agency on H1, but you can't adopt an Indian child thru US agency as these agencies suppose to assist US citizen only.
2. Applying Indian passport for a child: is not a big challenge.
3. Applying and getting H4 for Child: again is not a big challenge.
4. H4 Stamping on child Passport: Getting stamping done is the biggest challenge as, it is all up to Embassy to determine on humanity basis. It is all in US child definition, how US law determines the child. It is 100% gamble. If not approved you can get stuck in India and you have to fulfill term and condition like you have to be with child for six month or so to be call your child
5. Crossing Indian immigration check point in India: not an easy task, As illegal child adoption and other illegal child related business is on the rise. Red flag.
Here is my suggestion if you are ready to stay in India if required and ready to take unwanted pain and struggle, then only you should try.
Alok
Any progress in this matter? Have you explore any other alternative like adopting from US?
We are in the same situation I am on H1 and my wife is on AOS/ EAD. I am not sure I will have H1 after a year or two when we get referral, If i start this process right now. I really appreciate your help.
First off, U.S. immigration law (the Immigration and Nationality Act) does not allow an adoption visa (IR-3 or IR-4) to be given to a child unless at least one of the adoptive parents is a U.S. citizen. If you do not qualify to get an adoption visa for your child, your only option for bringing the adopted child to the U.S. is to live overseas with him/her for two years and then apply for a regular visa for him/her. This would probably jeopardize your job and your current visa.
Even if you could adopt on your current visas, which you cannot, India has ratified the Hague Convention on intercountry adoption (Convention #33), as has the U.S. As a result, all adoptions of Indian children by U.S. citizens, including those by NRIs, must go through the full Hague process. This means that you would have to work with an American agency that is accredited by the U.S. State Department and India's Central Adoption Resource Administration, and you would have to follow specific procedures to ensure a clean and transparent adoption.
In general, the process of adopting from India, nowadays, will almost certainly take anyone in the U.S. 18-24 months. This is because you need to have to comply with the law of your state of residence, the USCIS, the Hague, the Indian government, and the government of the Indian state where the child resides. There is a lot of paperwork in international adoption. There also has to be a child who is eligible for adoption according to Indian and U.S. law, and who is of the age and health status that you request. Since agencies tend to work in particular regions, there may or may not be a child available who meets your criteria, at any given time.
You also have to recognize that there must be an investigation of the child's situation, so that it is clear that he/she was not bought or stolen, is eligible under Indian law for adoption, and meets U.S. immigration requirements (the "eligible orphan" section of the Immigration and Nationality Act, etc.) There must also be an investigation of your qualifications to adopt, since people who have committed serious violations of law, who are mentally ill, who have a serious physical illness, or who do not have a history of financial stability are not permitted to bring a child into the U.S.
In general, the cost of an international adoption today will be at least $25,000 and probably more, including everything from homestudy to homecoming. The main reason is that travel costs are high. Some countries allow a single adoption trip, but others require multiple trips. Some countries require long in-country stays, but others do not. And some countries require both parents to travel, while others do not. With a country like Russia, for example, where some regions are requiring 3 or four trips so that parents can spend time with the child and feel confident that they can meet his/her needs, travel costs can easily hit $20,000, even without any adoption fees. India's travel requirements are fairly simple, so you should be able to accomplish your travel at much less cost, especially since you may have family in the country with whom you can stay.
Remember that all international adoptions, just like all domestic adoptions, involve a homestudy that can cost $1,500 or more, depending on where you live, and that may need to be updated during the course of the process. Any family applying to immigrate an adopted child will also have to pay around $800 in USCIS approval fees, and sometimes renewal costs if the adoption is not completed speedily. There will be fees for the acquisition of documents about yourself, such as your birth and marriage certificates, and for authentication of them so that the Indian government will accept them.
The adoption agency will have fees that cover its expenses in developing and working with its India program. The Indian authorities will also have fees that cover their expenses for processing adoptions. Some countries may also have a mandatory orphanage fee that goes to offset some of the costs of caring for your child, and the cost of caring for children who may never be adopted because of age or disability.
When you have gone through the process, you will pay fees for a visa physical for your child and for actually obtaining the visa. Since many children from India come home on decrees of guardianship, for adoption in the U.S., the costs of the U.S. adoption must be factored in. In certain cases, adoptions can be finalized in India, and there will be costs there, as well.
All in all, it's not easy to adopt internationally, and non-U.S. citizens cannot bring a child to the U.S. on adoption visas. For those people who qualify to adopt and immigrate a child from overseas, the process usually takes one to two years, and can be longer. Because of the need to prevent child trafficking, child abuse, and so on, the approval processes tend to take a long time, and to be associated with significant costs.
A good way to familiarize yourself with the process of adopting from India is to go to the website of the U.S. State Department, at adoption.state.gov. There is a place where you can select your country of interest, so click on India. It will walk you through the process, after you have had homestudy and USCIS approval. You may also want to read the website of CARA, the Indian government's adoption website.
Do be aware that, although you will not be allowed to bring an orphan into the U.S., you do not have to remain childless. It IS possible for foreign nationals on green cards (permanent resident visas) to adopt U.S. citizen children, although it isn't easy. Some Indian families have adopted successfully, this way. If you can accept a child of a different ethnicity, you will have an easier time than if you will accept only a child of Indian descent.
There has been a lot of misinformation about international adoption on these boards. Before believing someone who indicates that you can bring a child to the U.S. if both parents are here on visas, that you can complete an adoption in a short time frame, that you can do a low cost private adoption, or that U.S. immigration law affecting adoption is going to change soon, PLEASE talk to reputable experts. Otherwise, you risk losing money and facing great emotional distress. You may even wind up doing an adoption in India, where you assume legal and moral responsibility for a child, but find that you have to either give up your visa and go live in India with him/her, or overturn the adoption, because you cannot get a visa for him/her to enter the U.S.
Sharon
Thank you very very much for spending time for writing detailed reply. Is it possible to file I-485 for a adopted child based on approved labor certification and I-140 whenever dates will be current(In employment category)? I asked my lawyer and she advised me to do that but I am not sure she has experince in this matter or not.
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Thanks again. I finally found a right link
[url=http://adoptions.state.gov/about/who/residents.html]Lawful Permanent Residents and Nonimmigrant Visa Holders[/url]
and you are absolutely correct that abdoptive child can
not apply for the visa in the same category as of their adoptive parents. Although it's tough to accept the fact but it's definately lot better than wasting time, money and imotional distress it might have cause If we have started the process without understanding of law.
Thanks a lot.
Hi All
Till now we haven’t adopted a kid from India, Based on my wife H1-B visa and my Green Card. After talking to several people related to adoption process like
In US
1. Immigration Lawyer.
2. Adoption agency appointed by CARA,.
3. Family Lawyer.
4. People who have adopted under various condition in US
In India
1. CARA unofficially thru connections
2. Lawyer in India.
3. Adoption agency in India
4. Indian Immigration unofficially thru connections
5. People who have adopted in India
We decided not to adopt and wait till I will become US Citizen, which I am now.
You might be thinking why we decided so.
1. First of all it is clear that we can’t adopt a child from here as US adoption agency take only US Citizen cases not Indian citizen cases. But you can get your home study done if required.
2. There are lot of unknown and no direct government rules regulation around these types of cases.
3. If you decided to adopt as Indian citizen in India, which is possible. There are two way to adopt a child by normal process thru agency or where parent put a child for adoption and go thru The court. You have considered these two thing :
a. Even you get H4 for Kid, which you can. At stamping time in US Embassy in India you are on there mercy. May or may not stamp.
b. Somehow you cross stamping thing, then you have to answer India immigration Q at airport which also not clear.
I hope this will give you some idea and help you to make your decision. It is a painful process where you don’t know where to starting point and risk involve
Best of Luck …
Thanks Alok. It is very clear that adoption from India is not advisable or possible in our case.We are probably a decade away from becoming US Citizen. The only option might be to adopt a child in US.
FYI - It is my understangind that those in the US on a G-4 visa will be able to adopt in their home country following the rules established for adoption in their home country and be provided a visa for their child to come to the US.
G-4 visas are issued to workers at international organizations. The child comes to the US but does not become a citizen of the US and is only confered the same visa status as the rest of the family members.
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Alok,
Thanks for the update. Now that you are a US citizen, are you still going ahead with adoption. I am a US citizen (indian origin) and want to adopt an indian child but the process looks very confusing. To add complexicity, I am single. I tried searching for information if I can adopt an indian child within country but did not find anything. If you have explored your options and are doing anything, please share your experience which may help me and others in similar situation.
sak9645
First off, U.S. immigration law (the Immigration and Nationality Act) does not allow an adoption visa (IR-3 or IR-4) to be given to a child unless at least one of the adoptive parents is a U.S. citizen. If you do not qualify to get an adoption visa for your child, your only option for bringing the adopted child to the U.S. is to live overseas with him/her for two years and then apply for a regular visa for him/her. This would probably jeopardize your job and your current visa.
Even if you could adopt on your current visas, which you cannot, India has ratified the Hague Convention on intercountry adoption (Convention #33), as has the U.S. As a result, all adoptions of Indian children by U.S. citizens, including those by NRIs, must go through the full Hague process. This means that you would have to work with an American agency that is accredited by the U.S. State Department and India's Central Adoption Resource Administration, and you would have to follow specific procedures to ensure a clean and transparent adoption.
In general, the process of adopting from India, nowadays, will almost certainly take anyone in the U.S. 18-24 months. This is because you need to have to comply with the law of your state of residence, the USCIS, the Hague, the Indian government, and the government of the Indian state where the child resides. There is a lot of paperwork in international adoption. There also has to be a child who is eligible for adoption according to Indian and U.S. law, and who is of the age and health status that you request. Since agencies tend to work in particular regions, there may or may not be a child available who meets your criteria, at any given time.
You also have to recognize that there must be an investigation of the child's situation, so that it is clear that he/she was not bought or stolen, is eligible under Indian law for adoption, and meets U.S. immigration requirements (the "eligible orphan" section of the Immigration and Nationality Act, etc.) There must also be an investigation of your qualifications to adopt, since people who have committed serious violations of law, who are mentally ill, who have a serious physical illness, or who do not have a history of financial stability are not permitted to bring a child into the U.S.
In general, the cost of an international adoption today will be at least $25,000 and probably more, including everything from homestudy to homecoming. The main reason is that travel costs are high. Some countries allow a single adoption trip, but others require multiple trips. Some countries require long in-country stays, but others do not. And some countries require both parents to travel, while others do not. With a country like Russia, for example, where some regions are requiring 3 or four trips so that parents can spend time with the child and feel confident that they can meet his/her needs, travel costs can easily hit $20,000, even without any adoption fees. India's travel requirements are fairly simple, so you should be able to accomplish your travel at much less cost, especially since you may have family in the country with whom you can stay.
Remember that all international adoptions, just like all domestic adoptions, involve a homestudy that can cost $1,500 or more, depending on where you live, and that may need to be updated during the course of the process. Any family applying to immigrate an adopted child will also have to pay around $800 in USCIS approval fees, and sometimes renewal costs if the adoption is not completed speedily. There will be fees for the acquisition of documents about yourself, such as your birth and marriage certificates, and for authentication of them so that the Indian government will accept them.
The adoption agency will have fees that cover its expenses in developing and working with its India program. The Indian authorities will also have fees that cover their expenses for processing adoptions. Some countries may also have a mandatory orphanage fee that goes to offset some of the costs of caring for your child, and the cost of caring for children who may never be adopted because of age or disability.
When you have gone through the process, you will pay fees for a visa physical for your child and for actually obtaining the visa. Since many children from India come home on decrees of guardianship, for adoption in the U.S., the costs of the U.S. adoption must be factored in. In certain cases, adoptions can be finalized in India, and there will be costs there, as well.
All in all, it's not easy to adopt internationally, and non-U.S. citizens cannot bring a child to the U.S. on adoption visas. For those people who qualify to adopt and immigrate a child from overseas, the process usually takes one to two years, and can be longer. Because of the need to prevent child trafficking, child abuse, and so on, the approval processes tend to take a long time, and to be associated with significant costs.
A good way to familiarize yourself with the process of adopting from India is to go to the website of the U.S. State Department, at adoption.state.gov. There is a place where you can select your country of interest, so click on India. It will walk you through the process, after you have had homestudy and USCIS approval. You may also want to read the website of CARA, the Indian government's adoption website.
Do be aware that, although you will not be allowed to bring an orphan into the U.S., you do not have to remain childless. It IS possible for foreign nationals on green cards (permanent resident visas) to adopt U.S. citizen children, although it isn't easy. Some Indian families have adopted successfully, this way. If you can accept a child of a different ethnicity, you will have an easier time than if you will accept only a child of Indian descent.
There has been a lot of misinformation about international adoption on these boards. Before believing someone who indicates that you can bring a child to the U.S. if both parents are here on visas, that you can complete an adoption in a short time frame, that you can do a low cost private adoption, or that U.S. immigration law affecting adoption is going to change soon, PLEASE talk to reputable experts. Otherwise, you risk losing money and facing great emotional distress. You may even wind up doing an adoption in India, where you assume legal and moral responsibility for a child, but find that you have to either give up your visa and go live in India with him/her, or overturn the adoption, because you cannot get a visa for him/her to enter the U.S.
Sharon
Hi,
We are currently in US on H1B and H4. We have an opportunity from one of our blood relative in India, who is helping us, he is ready to give his second baby (to be born in october 2014) to us.
I was wondering what we need to do to bring the newly born kid to US.
Is it okay if we get our name in the birth certificate of the baby and then get an Indian passport indicating us as parents. Can after that we apply for H4 visa for the baby?
sak9645
First off, U.S. immigration law (the Immigration and Nationality Act) does not allow an adoption visa (IR-3 or IR-4) to be given to a child unless at least one of the adoptive parents is a U.S. citizen. If you do not qualify to get an adoption visa for your child, your only option for bringing the adopted child to the U.S. is to live overseas with him/her for two years and then apply for a regular visa for him/her. This would probably jeopardize your job and your current visa.
Even if you could adopt on your current visas, which you cannot, India has ratified the Hague Convention on intercountry adoption (Convention #33), as has the U.S. As a result, all adoptions of Indian children by U.S. citizens, including those by NRIs, must go through the full Hague process. This means that you would have to work with an American agency that is accredited by the U.S. State Department and India's Central Adoption Resource Administration, and you would have to follow specific procedures to ensure a clean and transparent adoption.
In general, the process of adopting from India, nowadays, will almost certainly take anyone in the U.S. 18-24 months. This is because you need to have to comply with the law of your state of residence, the USCIS, the Hague, the Indian government, and the government of the Indian state where the child resides. There is a lot of paperwork in international adoption. There also has to be a child who is eligible for adoption according to Indian and U.S. law, and who is of the age and health status that you request. Since agencies tend to work in particular regions, there may or may not be a child available who meets your criteria, at any given time.
You also have to recognize that there must be an investigation of the child's situation, so that it is clear that he/she was not bought or stolen, is eligible under Indian law for adoption, and meets U.S. immigration requirements (the "eligible orphan" section of the Immigration and Nationality Act, etc.) There must also be an investigation of your qualifications to adopt, since people who have committed serious violations of law, who are mentally ill, who have a serious physical illness, or who do not have a history of financial stability are not permitted to bring a child into the U.S.
In general, the cost of an international adoption today will be at least $25,000 and probably more, including everything from homestudy to homecoming. The main reason is that travel costs are high. Some countries allow a single adoption trip, but others require multiple trips. Some countries require long in-country stays, but others do not. And some countries require both parents to travel, while others do not. With a country like Russia, for example, where some regions are requiring 3 or four trips so that parents can spend time with the child and feel confident that they can meet his/her needs, travel costs can easily hit $20,000, even without any adoption fees. India's travel requirements are fairly simple, so you should be able to accomplish your travel at much less cost, especially since you may have family in the country with whom you can stay.
Remember that all international adoptions, just like all domestic adoptions, involve a homestudy that can cost $1,500 or more, depending on where you live, and that may need to be updated during the course of the process. Any family applying to immigrate an adopted child will also have to pay around $800 in USCIS approval fees, and sometimes renewal costs if the adoption is not completed speedily. There will be fees for the acquisition of documents about yourself, such as your birth and marriage certificates, and for authentication of them so that the Indian government will accept them.
The adoption agency will have fees that cover its expenses in developing and working with its India program. The Indian authorities will also have fees that cover their expenses for processing adoptions. Some countries may also have a mandatory orphanage fee that goes to offset some of the costs of caring for your child, and the cost of caring for children who may never be adopted because of age or disability.
When you have gone through the process, you will pay fees for a visa physical for your child and for actually obtaining the visa. Since many children from India come home on decrees of guardianship, for adoption in the U.S., the costs of the U.S. adoption must be factored in. In certain cases, adoptions can be finalized in India, and there will be costs there, as well.
All in all, it's not easy to adopt internationally, and non-U.S. citizens cannot bring a child to the U.S. on adoption visas. For those people who qualify to adopt and immigrate a child from overseas, the process usually takes one to two years, and can be longer. Because of the need to prevent child trafficking, child abuse, and so on, the approval processes tend to take a long time, and to be associated with significant costs.
A good way to familiarize yourself with the process of adopting from India is to go to the website of the U.S. State Department, at adoption.state.gov. There is a place where you can select your country of interest, so click on India. It will walk you through the process, after you have had homestudy and USCIS approval. You may also want to read the website of CARA, the Indian government's adoption website.
Do be aware that, although you will not be allowed to bring an orphan into the U.S., you do not have to remain childless. It IS possible for foreign nationals on green cards (permanent resident visas) to adopt U.S. citizen children, although it isn't easy. Some Indian families have adopted successfully, this way. If you can accept a child of a different ethnicity, you will have an easier time than if you will accept only a child of Indian descent.
There has been a lot of misinformation about international adoption on these boards. Before believing someone who indicates that you can bring a child to the U.S. if both parents are here on visas, that you can complete an adoption in a short time frame, that you can do a low cost private adoption, or that U.S. immigration law affecting adoption is going to change soon, PLEASE talk to reputable experts. Otherwise, you risk losing money and facing great emotional distress. You may even wind up doing an adoption in India, where you assume legal and moral responsibility for a child, but find that you have to either give up your visa and go live in India with him/her, or overturn the adoption, because you cannot get a visa for him/her to enter the U.S.
Sharon
Hi,
We are currently in US on H1B and H4. We have an opportunity from one of our blood relative in India, who is helping us, he is ready to give his second baby (to be born in october 2014) to us.
I was wondering what we need to do to bring the newly born kid to US.
Is it okay if we get our name in the birth certificate of the baby and then get an Indian passport indicating us as parents. Can after that we apply for H4 visa for the baby?
Hi ! I am new to this forum. Any of you have success with the adoption from India while being on an H1B?
Newparent339 any success by adopting from blood relatives?
Last update on May 28, 12:34 pm by Nat K.
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Hi,
Mine is almost same case. I will soon be going to US in H4 visa , my husband has recently left in H1 visa.
My Home study has been done in india but my concern after moving out, we are not sure how long will it take for us to get child , and after getting the child, how long will the court take to give adoption decree after which will get birth certificate , after which, will apply for passport and then go for stamping . Till then we will have to stay in india.
Can someone please help me with on queries. I have googles a lot and not getting answers.
Hello Alok,
Can you please update us on your current status?
I am in the same situation as yours. I and my husband are Greencard holders. We want to adopt a child from India. We cannot wait until we become citizens, as it takes a longer time. Can you please tell us what were the steps involved in approaching a agency?