Although international adoptions are more commonplace, the process to bring an internationally-adopted child into the United States remains long and complex. Before you can bring your child home, you have to take the necessary steps to ensure that his or her entry into the country is legal. If you are planning an international adoption, here is what you need to know.
What Type of Visa Do You Need?
In order for your child to gain entry into the country, you need to obtain a visa for him or her. Your child will either require an IR-3 or IR-4 visa. Which visa is necessary depends on the details of your adoption and interactions with the child.
The IR-3 visa is necessary if you have had an opportunity to observe the child and have already completed the adoption process. When you and the child arrive in the United States, he or she will be granted citizenship based on his or her relationship to you.
If you have not had a chance to observe the child or the adoption is not yet completed, you will need to apply for a the IR-3 visa. Once you and the child arrive in the country, you will need to complete the adoption process within a specified period of time.
Will You Need to Re-Adopt Your Child?
Re-adoption is basically going through the adoption process again with your child once you reach the country. If re-adoption is not required in your situation, you might still want to consider the option.
Re-adoption is not required if you have received an IR-3 visa. However, going through the process can help to simplify your child's future. For instance, your child might have trouble using his or her birth certificate from a foreign country.
Situations, such as your child's school refusing the birth certificate for enrollment, can be avoided by re-adopting. Your child could even struggle obtaining photo identification from the state without the proper documents.
Depending on the state in which you live, you might be required to re-adopt your child despite having an IR-3 visa. Your state's laws might not recognize the validity of the foreign adoption.
Work with an experienced immigration attorney or family lawyer who has helped with international adoptions to learn more about the visa your child will need. You can also learn what additional steps you need to take to ensure that your child's residency in the country is not put in jeopardy.
