South Sudan and the Hague Convention
The Republic of South Sudan is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).
The 2008 Child Act of Southern Sudan provides a legal framework for adoption in the newly-independent South Sudan. Prospective adoptive parents are cautioned, however, that the lack of judicial resources in South Sudan may mean that any adoption or custody decree issued by courts in South Sudan may be insufficient for the purposes of U.S. immigration petitions.
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring an adopted child to the United States from the Republic of South Sudan, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.
Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.
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