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I know a girl of age 17 (just turned 17) She came to America with a visitors visa which has expired. Her father is here to look after his son who is a minor, but is an American citizen.
This girl is very bright, sincere, and hard working. Attends high school, makes good grades, and is an "overachiever"
I care very much about this girl. I love her like a daughter, and my husband and I are of the same mind on this.
I wish very much to adopt her, but I have some concerns:
Is she too old to be adopted?
Would she have to return back to Bulgaria in order for this to take place?
Would the fees to adopt in this manner be as costly as going through an adoption agency?
Is this the best place to post this question or should I re post else were?
Any help is greatly appreciated.
Thanks so much God Bless
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... a reputable adoption/immigration attorney, as this situation is very complicated. While an initial consultation is usually free, adoption/immigration attorneys usually charge by time and expenses for their services. The amount of time necessary will depend on the amount of work the attorney needs to do. Expenses will depend on the specifics of the case.
Attorney fees may wind up being lower or higher than those of an adoption agency, depending on the attorney time required. But remember that many adoption agencies will not handle a case like yours; they prefer to specialize in finding homes for children who do NOT currently have anyone willing to adopt them, and who are clearly eligible for adoption and immigration.
Here are some of the complexities of your case.
First off, if the child's visa has expired, she is considered an illegal alien and subject to deportation. A lawyer would have to tell you whether there is any way of changing her status. I'm not a lawyer, but my guess is that the only way a different visa would be issued is to have her return to Bulgaria. And even then, because she was an illegal alien, it might be difficult to obtain a new visa for her. You might find that the only way to proceed would be to adopt her in Bulgaria, live abroad with her for two years, and then apply for a regular dependent (non-adoption) visa, if one can even be issued to a child who has reached 18 by then.
Second, the child is a citizen of Bulgaria, so any relinquishment and adoption would normally have to be done under Bulgarian law. I do not know whether Bulgaria permits the adoption of 17 year olds; many countries do not. A lawyer would have to tell you whether there is any chance that the child could be relinquished and adopted in the U.S.
Third, if the child goes back to Bulgaria, she will NOT be eligible for an adoption visa to enter the U.S., even if she is adoptable under Bulgarian law, since she has passed her 16th birthday. Adoption visas can be given ONLY to children who have not reached 16 at the time the "orphan petition" is filed with the USCIS. The only exception is made if the prospective parents have already adopted the child's biological sibling; then, the orphan petition must be filed before the child's 18th birthday.
Fourth, it is not clear whether the child has two parents or only one, at this time. If the child has been living with two parents, and is adopted under Bulgarian law, she would not be eligible for an adoption visa, since an adoption visa is granted only to children who meet the U.S. Immigration and Nationality Act criteria for "eligible orphans". A child relinquished directly to an American by a married couple cannot be considered an eligible orphan.
Fifth, it is not clear who this child's biological mother is. In general, both parents would have to agree to a relinquishment and adoption.
I am not an attorney, but it appears to me that you will have great difficulty in adopting this child, and may not prevail. However, any adoption/immigration lawyer you consult should be able to help you explore other options for helping her, if adoption is not possible.
As an example, if it is possible to change the child's status so that she is not illegal, you might be able to obtain an education visa for her, so that she can stay with you and go to college in the U.S. However, do remember that, because she is not a U.S. citizen, it may be difficult for you to find things like scholarships and education loans for her, if you cannot afford college costs. Also remember that she would have to return to her home country after college.
In short, working with a legal professional will be absolutely critical to see if there are any ways of keeping this child in the U.S. and either adopting her or becoming her guardian. If you really want to proceed, by all means, contact a lawyer now.
Sharon
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