Proofing to USCIS

The main thing you need to prove is that the child is an orphan. If the birthmother has not been living with the birthfather, even if they have not married, the child is unlikely to be classified as an orphan. In fact, the USCIS has given denials in cases involving birthmothers living with men other than the birthfathers, saying that those other men function as stepfathers. You can sometimes get an adverse determination overturned on appeal, but don't count on it. As far as inability to support, are you claiming that the birthmother cannot parent because of poverty, or because of some other issue, such as mental retardation or mental illness? These issues don't tend to raise huge red flags, the way orphan status does, but you should be prepared to document the income of the birthmother or her medical/psychiatric problems. Do remember that, if you adopt a child overseas, and the USCIS denies him/her a visa because he/she does not qualify under the U.S. Immigration and Nationality Act, which includes the orphan definition, you will not be able to get a visa for him/her unless you live overseas with him/her for at least two years. Sharon

Hello The birth mother and father do not have a relationship, it was a one night stand situation. She didn't even know his name and had to contact friends who know the family to get his name on the birth ceritificate. He has not seen the child since birth until we came around and asked if would allow us to adopt her. In her situation she cannot take care of the baby because she does not have a job and doesn't have a place of her own. She moves back and forth between her mother and her sister. She currently lives with her sister since February and does not live with a man. The aunt of the child has been buying what the child needs. She has since taken the child because taken food and diapers has become difficult since she has to drive 1hr each way to drop food off. How do I document this for immigration to see that mother is not able to care for her.