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Home  >  Immigration Law FAQ  >  Green Cards  >  Adoption

Your Immigration Questions Answered by VisaPro.

Here, you will find detailed answers to many of most common immigration questions.

1. What is adoption?
  
 Adoption is defined as the permanent legal transfer of parenting rights and responsibilities from one family to another.

2. How are children adopted?
  
 There are several different types of adoptions:
  
  Public: Children in the public child welfare system who are placed in permanent homes by public, government operated agencies or by contracted private agencies
  
 Private agency: Children are placed in non relative homes through the services of a licensed (non profit or for profit) agency
  
 Independent: Children are placed in relatives’ and non-relative homes directly by the birth parents or through the services of either a medical doctor, a member of the clergy, an attorney, or a licensed or unlicensed facilitator
  
 Kinship: Children are placed in relatives’ homes, with or without the services of a public agency
  
 Stepparent: Children are adopted by the spouse of one birth parent

3.Who is considered an orphan?
  
 Under U.S. immigration law, a foreign born child is an orphan if:
  
 
    The child does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents
    The child’s sole or surviving parent is not able to take proper care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before the child’s 16th birthday
  
  Note: An orphan petition may be filed before the child’s 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents.

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