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Hello,
I am a US citizen that has been living in Mexico for several years on an FM, and engaged to a Mexican. Where do I begin to search for adopting a child in Mexico, to permanently reside in Mexico?
Thanks for any direction or advise you could offer!!!
If you want your child to hold American citizenship, or to be able to visit the U.S. easily, I would adopt through the American international adoption process. You can adopt as an American even if you are married to a Mexican and/or living in Mexico. If you adopt as an American, you will go through Mexico's "plena" process. Do not attempt to go through Mexico's "simple" process, because it does not comply with Hague principles and could cause difficulty if you ever try to bring your child to the U.S. or get citizenship for him/her.
Both Mexico and the U.S. are Hague countries. As a result, doing an adoption through the American process means following Hague regulations.
You will need to work through a licensed, U.S. agency that is HAGUE ACCREDITED and approved by the Mexican authorities to place children with Americans. The agency will recommend a homestudy provider who can do your homestudy in Mexico, or you can see if the U.S. Embassy has a list of acceptable homestudy providers.
Once you have an approved homestudy, you will file the I-800A with the USCIS and attach the homestudy report, the other documents requested, and the fee. The submission starts the Hague approval process by looking at your fitness to IMMIGRATE an orphan to the U.S., but you don't really need to immigrate; you will, however, need an immigrant visa for the child for an expedited citizenship trip.
Your agency will work with you to put together a long list of documents that will need to be presented to the Mexican authorities. Since Mexican adoption rules differ by state and even by city, sometimes, although there are basic Mexican and Hague laws, your agency will probably recommend a particular region in which it has contacts and expertise.
Eventually, the DIF will provide you with a referral of a child. Be aware that Mexico does not normally permit the adoption of healthy infants by foreigners, though an exception may be made for for people who have been living in Mexico. You may be offered a child over five, a child with special needs, etc. Talk to your agency and see if your situation makes you more eligible for a young, healthy child.
You will then work with your agency to supply the U.S. government with paperwork that will allow it to determine that the child whom you were referred is eligible for an immigrant visa and make another review of your own approval to bring a child to the U.S. This paperwork will also provide the basis for determining that the adoption will meet Hague Convention requirements. You cannot and should not finalize your adoption in Mexico until you have U.S. approval.
Once you have the necessary U.S. paperwork, you will work with the Mexican authorities, via your agency, to finalize the adoption. You will usually have to reside with the child for a period of time before finalization can occur, and you can't leave the country with the child during that period. That should be no problem for you.
Once you finalize, you can work with the U.S. authorities to get a visa that will let you bring the child to the U.S. for the purpose of obtaining citizenship. With people living in the U.S., their child becomes a citizen as soon as he/she enters the U.S. However, with expats, you will have to go through an expedited process for naturalization and may have to spend a few weeks in the U.S.. Your agency or the U.S. Embassy should be able to advise you. I know that many expats living in Asia bring their kids to Hawaii, which processes citizenship pretty quickly. Whether it's as easy in a U.S. state like Texas or California is something I don't know.
All in all, my recommendation, if you want your child to have the benefits of U.S. citizenship, and if there's even a remote chance that, someday, you may return to the U.S. to live, you really shouldn't use the "simple" process. Also, there's a good deal of corruption in the Mexican "simple" process, I'm told, and if you want to make sure that your adoption is absolutely legal and afforded appropriate protections to the child, the birthparents, and to you, the plena process is probably safer.
Sharon
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Our due diligence specialist is a US trained lawyer with a comparable degree recognition by the U de G in Mexico. With decades of experience in all areas of law and business and due to his semi-retirement, our senior Executive is now handling the due diligence of foreign Central and South American adoptions.
Once hired to review a dossier we contact your facilitator and also the appropriate persons in the child's country of origin, especially the lawyer representing you, the notaries involved, the Public Welfare Agency involved and finally a review of pertinent court records.
We also verify the termination of parental rights the court must have as to the child's birth parents reason for giving up the child. Skimping in these matters makes for faulty adoption which may be set aside later. These are mere facts of life in the C & S American adoptions scene.
Corruption in most of these countries is rampant, but a real result is possible without feeding this corruption. Our firm has two decades of due diligence for businesses, but given the number of fraudulent activities frequently perpetrated against the loving adoptive families involved we have started to handle these matters from the US. In foreign adoptions issue prevention is the key. We are tri-lingual, and are fluent in Spanish, Mexican and Castilian, English obviously and also Portuguese. We offer a free status review to make sure what you are being told is believable or merely fodder to cover the inaction of your lawyers and or facilitating agency or person.
We are also able to finalize any stalled pending adoptions provided all legal requirements had been met. We have lawyers throughout Central and South America to assist you and our CEO frequently handles these himself. Due Diligence is a hands on effort. It must be handled in person. Remember Fact Foresnics is due diligence at it's finest and that "Due Diligence = Success".
Fact Forensics LLC
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