Non-orphan Adoption and Immigrant Visa

A non-orphan child does NOT meet the requirements for receiving an orphan visa. You would have to find a different visa option for that child. (At one time a non-orphan child could qualify for an adoption visa AFTER the adoptive parents had lived in the child's country, while parenting the child for at least 2 years. I don't know if that's still an option or not.)

Yeah the 2 year living abroad option is still available, but seems difficult to actually relocate. Is a child considered an orphan if he has 2 known alive birth parents but both abandon the child?

I found this on the USCIS Website: The Immigration and Nationality Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the childs having a stepfather) and as long as the childҒs biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the childs having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of Ҕorphan before adopting a child from another country, because not all children adopted abroad meet the definition of ԓorphan, and therefore may not be eligible to immigrate to the United States.

First off, be very sure that the child does not meet orphan status. To be an orphan under the definition in the U.S. Immigration and Nationality Act, a child does not need to have both parents deceased, as some people assume. A child CANNOT be living with two parents, but can be: 1. Living with a single parent who cannot support him/her at a level considered normal in the foreign country (NOT the U.S.). 2. Abandoned, with the parents' whereabouts unknown and having no contact with the child. 3. Legally relinquished, with the parents having no contact with the child for a significant time period. 4. Truly orphaned, with both parents deceased. 5. In an orphanage or foster care situation because the rights of the birthparents have been irrevocably terminated by a legitimate authority, for a reason such as abuse or neglect. If the child does not qualify as an eligible orphan, there is no way that he/she could qualify for an adoption visa. An adoptive family would have to live overseas for two years with the child and then bring him/her home on a regular dependent visa. Some families have been able to get education or medical visas for a non-qualifying child. However, it should be made clear that the child will have to return to his birth country once education or medical care is completed. Sharon

Another comment on orphan definition. The USCIS is aware of many shady attempts to get a child classified as an orphan, when he/she is not. Orphan investigations, particularly in countries where visa fraud attempts are common, can be quite extensive. Thus, for example, some families have placed a child into an orphanage for a month or two, in an attempt to get the child classified as an orphan, even though they continue to keep in contact and have no plans to go through a legal relinquishment/adoption. The USCIS will almost certainly discover such ruses and deny visas. Sharon

Ok thanks for the information. So I guess we should file the I-600 to verify orphan status? We already have an approved I-600A.

Where is the child living now? How long has he/she lived there without contact with birth family? Was there any formal relinquishment? Sharon

Not sure when you file the I-600. In most cases, you file AFTER you have legally adopted, when you go to get a visa for the child. However, I remember hearing that there are some countries where a policy called "Adjudicate Orphan First" could be used, to be sure that a family would not adopt a child and then find that they could not bring the child to the U.S. Your best bet would be to contact a qualified immigration/adoption attorney. Sharon