In my column Consulta Migratoria® explained under what circumstances an immigrant can be adopted and obtain permanent residency or citizenship and warned about a scam to which hundreds of undocumented immigrants were victims.
In this column I provide general information. Please consult with an immigration attorney for personalized legal advice before beginning any proceedings.
This is the column:
Desperation to obtain legal status in the United States often causes immigrants to turn to individuals who make false promises. The possibility of hope makes many not stop to think that they are being deceived.
Unfortunately, there are unscrupulous people who take advantage of the vulnerability and desperation of undocumented immigrants.
Recently, the FBI arrested a Sacramento man accused of fraud and defrauding hundreds of immigrants by promising them U.S. citizenship through adoption. For the service, the man, named Helaman Hansen, charged as much as $$10,000.
According to the Department of Justice, Hansen and several co-conspirators sold "memberships" to a "Migration Program."
After they paid thousands of dollars to become "members" of the program, the alleged scammers would begin the process of having a U.S. citizen legally adopt the undocumented immigrant. They assured them that within a year they would be granted U.S. citizenship.
Is it possible to adopt an adult?
U.S. law allows an adult to adopt another adult. These adoptions are generally done under very special circumstances and involve a number of requirements, which require the advice of an adoption attorney in the state where the adoption is being considered.
Can a foreign child obtain permanent residency or citizenship if adopted?
The situation is different in the case of a minor child. Immigration law stipulates that a U.S. citizen or permanent resident may adopt a foreign child. The process is extremely complex with very specific requirements from the federal government.
The U.S. Citizenship and Immigration Services is responsible for determining the eligibility of persons wishing to adopt a foreign child and whether the child may immigrate to the United States.
There are different processes for adopting a child abroad. How the process is carried out will depend on the country where the child is located and whether the child is an orphan. Under certain circumstances, it may also require a different process if the adoptive parents are citizens or permanent residents.
The age of the child will be key in determining the child's eligibility for permanent residency.
For immigration purposes, the law requires that the adoption process be finalized before a minor turns 16. There are some exceptions, under which the child's adoption age may be extended for an additional two years, but before the child turns 18.
The adoption of a foreign child requires the hiring of a family lawyer in the child's home country in addition to a U.S. immigration attorney. Both specialist attorneys must work together to ensure that the case is approved.
If the child is already in the United States, the child's situation must be analyzed to determine the best legal avenue for adoption.
It is of utmost importance that you consult with an immigration attorney before beginning any immigration proceedings to adopt a foreign child.
