Stop The Visa Confusion: What To Know About Adoption Visas

If you're bringing a child into the United States for adoption, you must do so legally. In this case, that means ensuring that you have the correct visa for your new family member. This issue can be a bit confusing, since the type of visa you need depends on where the adoption was finalized. Read on for a better understanding of the types of adoption visas and when they should be used.

Adoption Completed Abroad

If you are going through the entire adoption process in the foreign country where the child was born, there are two different types of visas to choose from.

• If the child is being adopted from Hague Convention country, you will need an IH-3 visa child.
• If the child is being adopted from a non-Hague Convention country, you will an IR-2 visa for the child.

In this situation, your child will automatically become a U.S. citizen once they cross the border (or pass through customs at the airport). An official citizenship document will be mailed to you a few weeks after entry, which will allow you to apply for a birth certificate for the child.

Adoption Not Completed Abroad

If you are planning to complete the adoption process after you arrive back in the U.S., there are also two different types of visas to choose from.

• If the child is being brought into the U.S. from a Hague Convention country, you will need an IH-4 visa.
• If the child is being brought into the U.S from a non-Hague Convention country, you will need an IR-4 visa.

With this situation, your child is not considered a U.S. citizen until the adoption is finalized by a court. Once that is done, you can apply for a Certificate of Citizenship, which can be used to get a birth certificate.

Taking it to Court – Just in Case

In some cases, you may want to have your adoption made final in the U.S. even if you completed the process overseas. Since how adoptions are recognized can vary from state to state, having the courts here in the U.S. give their stamp of approval could help ensure that the adoption is perfectly legal and valid. The worst case scenario could be a state not recognizing a foreign adoption and attempting to deport your offspring when they come to their majority for one reason or the other (committing crimes, etc). Another issue that foreign adoptees must deal with involves inheritance problems in states that might not recognize an adopted offspring as a legal adult child of the deceased.

Speak to a family law attorney, such as at Law Offices of Sherman and Gastell, to learn more.

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