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I want to adopt a 16 year old boy from china. his mother has passed away and his father will let my family
adopt him. What do I need to do? Who can I contact?
Can it even happen? He was a foreign exchange student who lived with my family. He has returned to China because his visa expired. please can anyone help?!
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You won't be able to do it. There are at least three major problems.
1. On the U.S. side, you cannot bring a child to the U.S. on an adoption visa if he/she has reached the age of 16 by the time you file the I-800 (or I-600 for adoptions from non-Hague countries) The only exception is in the case of families who have already adopted a biological sibling of the child, in which case, you have to file the I-800 before the child's 18th birthday. And if your child doesn't qualify for an adoption visa, you would have to apply for a permanent resident visa for him in the traditional way, which could take years to obtain. He could NOT immigrate by coming to the U.S. on a temporary visa of any sort, like a tourist visa or student visa, if you adopted him, since the U.S. would realize that the child was coming to live with you as your son, and a temporary visa would not allow him to stay permanently in the U.S.
2. China does not allow foreigners, including Chinese people living overseas, except for close relatives, to adopt a child by contacting birthparents or orphanages directly. All adoptions are handled by a branch of China's central government, which works only through orphanages in provinces that allow international adoption. Any child who qualifies to be adopted by foreigners must be living in an orphanage or foster home associated with an orphanage, which then must submit his paperwork to the central government. Normally, the government matches the child with the first family in line that has requested a child of his age, gender, and health status. However, with older children and children with special needs, some are placed on lists given to adoption agencies, and the agencies find people willing to adopt them. The agencies then submit the potential match to the Chinese government, which may approve or reject it. This process would make it almost impossible for you to adopt the boy.
3. As a previous poster indicated, even if the boy was living in an orphanage, he would not be adoptable by foreigners. Chinese law makes a child ineligible for foreign adoption as of the day he turns 14. American families have scrambled to adopt 13 year olds, holding their breaths to see if the complicated process could be completed by a child's 14th birthday, because extensions simply are NOT granted.
All in all, my suggestion to you is that you try to find some temporary ways to bring the boy to the U.S. If he speaks good English and have good grades, you might try the student visa route. To get the visa, he would have to be accepted to an American school, and you or someone else would have to guarantee payment of his tuition and all living expenses. He would have to prove to the U.S. government's satisfaction that he is likely to return to China if he finishes school or drops out, and not try to overstay his visa; this usually means that he must have family in China, bank accounts or other investments in China, etc.
Be aware that a person who comes to the U.S. on a student visa is not allowed to work while here. However, if you pay for his college and, possibly, post-college educational expenses under the student visa, he might be able to get a work visa to come to the U.S. for certain jobs where there are not enough qualified Americans. That often includes jobs in the high-tech industry, and could potentially include certain teaching, nursing, and medical jobs.
Sharon