I am on H1B visa and want to adopt a child from India.
As per the Department of State (DOS)'s web-site one of the parent must be US Citizen, or One of the parent must remain with the child for 2 years to be adopted.
[url=http://travel.state.gov/family/adoption/info/info_455.html]International Adoptions: Legal Permanent Residents and Intercountry Adoptions[/url]
Does anybody has successfully adopted a child from India while on H1B status? I would like to know the complete process. Your suggestion and comments will be a great help.
Thanks...
Hi in_rohit
I am preparing to adopt now, and am planning to inquire more about this when I visit Delhi in Dec. hopefully, I will be able to start the process then. I will PM you my contact, it will be nice to discuss this with someone in the same phase!
Please keep us posted. Rohit, I have PMed you the name of an international adoption agency run by Indians. They may sympathize with you. I don't know if they'll go down the I-130 route with you but worth a try. It may set a precedent for GC holders to have a pathway to adopt! Good progress with the attorney!
Regarding the hardship involved in the I-130 process and subsequently agencies not ready to do it: That's why I say that advocacy is necessary. I am confident that a good group of people together with a lawyer could bring about a change. This is what I would like to see - not individuals who manage to adopt internationally as GC because they find a special arrangement or have financial resources to deal with a complicated process ... I need to see a "mainstream" pathway so that all GC holders can do it. In my opinion, the legal pathway will be requiring applicants to go through accredited agencies and providing GCs to the adopted children instead of US citizenships, conditioned on the child getting the citizenship of the adoptive parents, of course. Just my thoughts. That is how it is done in countries such as e.g. Switzerland. If the Swiss can do it, so can we :)
Hi Momto1human-2furry/ (Any other parents out there with successful domestic adoption),
I am in the same situation , on work visa and GC under process. Just found out that I cannot adopt internationally but qualify for domestic adoption . Can you please guide me on what my first steps should be? Can you give me leads to contact . I live in NJ. Also can you advice based on your experience how long the process takes ? I would like to adopt a baby as young as possible. Is it possible to adopt new born babies?
Thanks for your help.
Adopted children come to the U.S. as dependents all the time. If coming from a non-Hague country, they come in on IR-3 or IR-4 visas -- IR stands for "immediate relative" -- and if coming from a Hague country, they come in on IH-3 and IH-4 visas. In addition, if children don't qualify for any of these visas, there is a dependent visa that is used for an adopted child that lives overseas with his/her new parents for two years.
The Immigration and Nationality Act, which defines the visa categories and specifies their rules, follows good adoption practice, in wanting to be sure that adopted children are placed in safe, loving families. One way it tries to achieve this goal is to allow children to be placed only with families who are likely to stay in the U.S., where an adoption agency can provide some followup. It wants to be sure that a family does not come to the U.S., adopt a child, and then quickly remove him/her to a country that does not have such safeguards, where the child could be neglected, abused, or abandoned. It's not a perfect solution to the problem of child abuse and neglect -- there's still all too much of it around -- but it's one small step.
The INA also wants to support adoption by U.S. citizens, many of whom have tried for years to have a baby biologically or to adopt a child domestically, without success. An additional law, the Child Citizenship Act of 2000, also makes IR-3 or 4 and IH-3 children automatic citizens, since they were adopted by at least one U.S. citizen. IR-4 children become automatic citizens after their parents adopt or readopt them in the U.S. and submit the paperwork to the USCIS.
The INA does not discriminate against adopted children. The children of both Biological children born in the U.S. and adopted children who come to the U.S. on adoption visas -- Hague and non-Hague -- can become citizens and enjoy all the benefits of citizenship. They can go to school and work in the U.S. They can vote. They can run for most political offices -- though foreign born children still can't become President, even if they are citizens; many of us hope that will change, but the change would involve a Constitutional amendment, which could take years, as the requirements for changing the Constitution are very complicated. The Presidency issue isn't affected by the INA.
Now, personally, I wouldn't mind seeing the INA changed to allow the children of green card holders, who are -- at least theoretically -- likely to stay in the U.S. permanently, to bring children into the U.S. on adoption visas. But there's very little Congressional will for changing even less controversial provisions of the INS. And many people in and out of Congress want to encourage permanent residents to become citizens, not to encourage them to stay here permanently as non-citizens.
And, nowadays, much as I hate to say it, there's a good bit of anti-immigrant sentiment in the U.S. My Dad was an immigrant who came from Eastern Europe at a time when Jews were facing discrimination -- and conscription into the Czar's army as "cannon fodder". My Mother was the daughter of two immigrants who raised eight children to be productive citizens of the U.S. So I am pro-immigrant, but I know all too well that Congress is unlikely to relax laws that, they think, could mean more immigrants coming to the U.S.
All in all, I think that the Immigration and Nationality Act needs an overhaul in many areas, not just those pertaining to adoption law. But much as I'd be comfortable with giving people on green cards the right to immigrate children, I really would not feel comfortable with people on temporary visas using their stay in the U.S. to adopt children. I would encourage them to return to their home country to adopt. And I say that, knowing that my daughter, an American citizen born in China, is now dating a young man who is from India, and trying to get an H1B visa, following his graduation from a Master's degree program that he attended on a student visa. If they married, of course, they could adopt and immigrate a child, since my daughter is a citizen. But if he married another Indian on an H1B visa, they would have to go back to India and adopt there.
Sharon
Hi PBK81 - I am pursuing domestic adoption while on H1B. I got help from many helpful members on this forum. One of them Lakshmi, has written a great article which I found very helpful to answer initial questions -
[url=http://www.womensweb.in/articles/adoption-process-for-indians/]How can Indian women adopt a child abroad?[/url]
hope this helps.
Hi Momto1human-2furry,
Me and my husband are on H1 and are looking to adopt via domestic channels. We have reviewed one agency in NJ. They however have not worked with Indian adoptive families in the past. Do you think it would be beneficial if the agency has worked with our visa situation and background in the past? And also Will you be able to share the agency contact information with whom you worked in the past?
Thanks for your help.
My situation is similar to most (wife and myself on EAD and can switch to H1B/H4 as needed).
We found an agency in India and lucky to adopt a 2.5 month old baby in quick succession. We understand the 2 year wait period and probably will be applying re-entry permit for my wife during this two year stay. Infact I find this to be a healthy base for my child during the initial 2 year period.
But in this thread, I heard one of them mentioned a clause by which the 2 year clause is not applicable i.e. if we finalize the adoption and then start the immigration process. Can experts like Sharon throw some light on this?
Regards,
D
Hi Dramakr,
I would appreciate if you can tell a bit more details on how you legally adopted in India, while being US resident. Please PM me, if you like. I have been trying to find details on it.
Of course, please do tell us how/when you succeed in immigration process.
Congratulations and good luck!
-Rohit
Hi Dramakr,
I would appreciate if you can tell a bit more details on how you legally adopted in India, while being US resident. Please PM me, if you like. I have been trying to find details on it.
Of course, please do tell us how/when you succeed in immigration process.
Congratulations and good luck!
-Rohit
dramakr,
I think what you are referring to is that when you finalize an adoption in India and THEN apply for an entry to the US, you should be fine. But here we are talking about folks who have lived in the US for a while, have H1B visas or even a GC. According to USCIS regulations, hose people are expected to just give it all up, go back to India, wait for two years with their adopted child and then try to apply for a visa again and hope they'll be able to get one again. Oh, and what will they do when they'll adopt a second child? The same circus?? :arrow: Put in plain language: Those laws are idiotic and do not justify any reasonable purpose.
Immigration fraud can be prevented by requiring folks to go through an accredited agency only and follow a rigorous process - oh wait, this is exactly what the Hague regulations require, and India is a Hague country! So ... can anyone explain to me again why we need the prohibition that prevents GC holders from adopting from India??? :eyebrows: Expert Sharon? ... Anyone?
The current prohibition laws will not change because only a small non-voting sector of the US population is affected. Going to the media might draw attention to the problem and may be effective. (?)
Some poster said that there is a possibility to bring the child to the US on an I-130 visa or therelike. I wonder if anyone knows more details about this and could share.
WizardOfOz,
Acutally I am on H1B but was working in both India and US. We did a lot of legwork and paperwork before the certified agency approved our application.
We have mentally prepared (resigned would be right word) ourselves to stay in India (my spouse with kid) for 2 yrs and I will be shuttling back and forth.
Working with Lawyers here in US to see if tourist visa is applicable for my kid as they can join us for at-least a few months for us to stay together for next couple years.
Dramakr,
Is this US agency or Indian agency that you did legal paperwork with?
CARA accredited?
Do Indian agency let people legally adopt on H1B (as US residents) without involving US agency?
Or, you adopted as indian resident (since you mentioned you spent time in India being on H1B)?
Lot of confusing rules and no clear path to follow....
Dramakr,
Is this US agency or Indian agency that you did legal paperwork with?
CARA accredited?
Do Indian agency let people legally adopt on H1B (as US residents) without involving US agency?
Or, you adopted as indian resident (since you mentioned you spent time in India being on H1B)?
Lot of confusing rules and no clear path to follow....
All,
I understand this thread is around 6 months old, but have a few questions.
My situation is we finalized the adoption in India. My spouse was/is in India for past year during the legwork and I was lucking enough to work in India for last year and shuttling back and forth to US to keep my H1B active. We should be getting my child's passport soon and have a few clarifications
1. Since the adoption is finalized, should I try applying for H4 itself or have to complete the 2 year wait before applying as a dependent
2. Can I try applying for tourist visa for my child so at-least as my family can visit and stay together for few months during the 2 year exile?
3. Finally if I have to start all over again, WizardOfOz mentioned that if we have to adopt from India, we need to go back and apply for fresh H1B and start all over again.Does that mean cancelling all applications such as labour, I-140 and I-145? Can I withhold by priority date and pull out my GC application and re-apply GC after 2 years? Please clarify on this option
I spent ridiculous $$ on getting legal counsel and all pretty much recommended to try the tourist visa option and try my luck. I am working on getting legal counsel again, but wanted to check your opinion on this.
All I want is my family to stay together and watch my kid grow and it seems the only option is to relocate to India (3rd option).
Thanks,
Dramakr
i am interested in knowing if you applied for and got H4 visa for your adopted baby. If so, after how much time did you apply for H4. Please can you let me know.