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Applying to Bring a Foreign-Born Orphan to the U.S.


Can I adopt a foreign-born orphan and bring him/her to the U.S. without involving the USCIS?

There is no way an orphan can legally immigrate to the U.S. without USCIS processing.

Can I adopt a child from any country in the world?

Countries experiencing social or political upheaval.

In countries experiencing social or political upheaval, it can be exceptionally difficult to fulfill the legal requirements for adoption of the child's country of origin. This is especially true when civil authority breaks down. Correspondingly, it can be very difficult to gather documents necessary to fulfill the legal requirements of the immigration law of the United States. Also, in a crisis situation, it can be extremely difficult to determine if children whose parents are missing are truly orphans. It is not uncommon in a hostile situation for parents to send their children out of the area, or to become separated during an evacuation. Even when children have been truly orphaned or abandoned by their parents, they are often taken in by other relatives. International conventions place a strong preference on keeping children within extended family units and within their culture as opposed to uprooting the child completely. Finally, corruption and lawlessness are more likely in such countries. This increases the risk that you may be provided with false documents or otherwise taken advantage of as you attempt to adopt a child. For these reasons, individuals considering adoption from a country in crisis should proceed with extreme caution.

Countries that do not permit adoption

Some countries do not permit adoption and will grant legal custody only so long as the applicant for custody resides in that country. This is often true in countries that apply Islamic law. Children from such countries do not qualify for immigrant status in the U.S.

Where Can I File My Application?

You should file your advanced processing application with the USCIS office that serves the area where you live.

From U.S. Citizenship and Immigration Services

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