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All,
We decided to adopt from India and have been blessed with a 2.5 month old baby girl. We kept the immigration process aside assuming that one of us would likely have to stay in India for a couple years.
I understand the process of 2 years wait and wanted to check if there's any recent updates to this law.
Thanks,
D
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From the standpoint of the INDIAN government -- not the U.S. immigration folks -- you have committed an illegal act, if you adopted via the domestic adoption process. According to CARA, India's federal agency overseeing adoption, people living overseas, even if they are of Indian heritage, must adopt via the Hague process, and not via the domestic process. Some Indian citizens living in the U.S., who adopted via the domestic process and subsequently tried to obtain an Indian passport for their child were unable to do so, as the Indian government demanded various documents that would prove that the child went through the Hague process. Without an Indian passport, your child would be unable to begin the process of obtaining a U.S. visa, whether now or two years from now.At this time, the Indian government is limiting healthy infant adoptions by both Indians and non-Indians living overseas. Contact CARA or the U.S. State Department for the latest updates. The Indian government is attempting to encourage adoption of older children and children with special needs.The U.S. government has not liberalized the requirements of the Immigration and Nationality Act, with regard to the granting of adoption visas. At least one parent must be a U.S. citizen. Given the current concerns about immigration in the U.S., it is highly unlikely that the adoption provisions in the Act will be liberalized any time soon. And since the U.S., like India, has ratified the Hague Convention on intercountry adoption, don't expect the USCIS to view your attempts to circumvent the Hague by going through a domestic adoption in India in a positive way.If you can get an Indian passport for your child, and if you or your spouse can live with the child in India for two years without jeopardizing your current visa, you may be able to get a visa for your child and bring her to the U.S. as your dependent. Consult legal counsel for specifics.Another option would be to adopt an American child, possibly of Indian origin. You may be able to "network" in the U.S. Indian community to find a child whose birthparents cannot take care of him/her. If you attempt to adopt a non-Indian child, you will have better luck if you have a permanent resident visa (green card) than if you have a work, student, or other temporary visa. Sharon
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From the standpoint of the INDIAN government -- not the U.S. immigration folks -- you have committed an illegal act, if you adopted via the domestic adoption process. According to CARA, India's federal agency overseeing adoption, people living overseas, even if they are of Indian heritage, must adopt via the Hague process, and not via the domestic process.
Some Indian citizens living in the U.S., who adopted via the domestic process and subsequently tried to obtain an Indian passport for their child were unable to do so, as the Indian government demanded various documents that would prove that the child went through the Hague process. Without an Indian passport, your child would be unable to begin the process of obtaining a U.S. visa, whether now or two years from now.
At this time, the Indian government is limiting healthy infant adoptions by both Indians and non-Indians living overseas. Contact CARA or the U.S. State Department for the latest updates. The Indian government is attempting to encourage adoption of older children and children with special needs.
The U.S. government has not liberalized the requirements of the Immigration and Nationality Act, with regard to the granting of adoption visas. At least one parent must be a U.S. citizen. Given the current concerns about immigration in the U.S., it is highly unlikely that the adoption provisions in the Act will be liberalized any time soon. And since the U.S., like India, has ratified the Hague Convention on intercountry adoption, don't expect the USCIS to view your attempts to circumvent the Hague by going through a domestic adoption in India in a positive way.
If you can get an Indian passport for your child, and if you or your spouse can live with the child in India for two years without jeopardizing your current visa, you may be able to get a visa for your child and bring her to the U.S. as your dependent. Consult legal counsel for specifics.
Another option would be to adopt an American child, possibly of Indian origin. You may be able to "network" in the U.S. Indian community to find a child whose birthparents cannot take care of him/her. If you attempt to adopt a non-Indian child, you will have better luck if you have a permanent resident visa (green card) than if you have a work, student, or other temporary visa.
Sharon