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Green Card Addoption

Green card addoption is a legal way by which a childless couple of America can addopt non American child or children. There are two categories of green card addoption in US:

The first category is for the addoption of a child already addopted by an American citizen; the child to be addopted should be less than 16 years of age and should have already resided with addoptive parents. It is provided in INA 101(b) (1) (E).

The second category permits the immigration of an ‘orphan’, as specified by the U.S law and regulations. It is provided in INA 101 (b) (1) (F).

Only US citizens are titled to file for green card addoption for children. Incase of married couple, at least one of them must be an American citizen.

For green card addoption one must be familiar with two forms namely:

Form I-600A

Form I-600

Form I-600A is the application for ‘Advance processing’. This enables a US citizen to addopt a foreign born orphan. This form has to be filed with the USCIS office in the US. Once you decide on the child to addopt, you have to file a separate form I-600 for each child.

The form I-600A can also be filed by unmarried US citizens provided they must be at least 24 years of age at the time of application and must be 25 years of age at the time of addoption.

Form I-600 is the orphan petition for the child who has to be addopted. The child must be eligible for the term "orphan" as defined by the US immigration laws. The child must not have both the parents or should have lost them in accidents, disappearance, desertion, separation, etc.

A child can also be addopted when he/she has one parent but who is unable to take care of them and who has given them for legal green card addoption care.

If a child is addopted abroad, the parent should have seen the child prior to green card addoption application filing. Viewing the child’s video or photograph is strictly discouraged. In case of inability to see the child, a proxy green card addoption procedure can be followed.

Green card addoption is not applicable to unmarried US citizens under the age of 25 years, non citizens of US (though lawfully reside in the US), an individual who has no legal immigration to the US and a legally married US citizen who is currently not staying with his or her spouse.

 
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