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November 19, 2008

Intercountry Adoption Web Site

Recently, the U.S. Department of State launched a new Web site designed exclusively for intercountry adoption. The Web site, www.adoption.state.gov, provides information regarding the international adoption process, eligibility and requirements to adopt, the specific countries from which Americans can adopt children, the protections provided by the Hague Adoption Convention, and information about selecting an accredited adoption agency. Here is a statement from the site:

Note from the Assistant Secretary

Hello, and welcome to Adoption.State.Gov, the Department of State’s intercountry adoption website. This website is intended to provide you with an overview of the intercountry adoption process and the Hague Adoption Convention. Whether you are a person considering adopting, an adoption agency, a social worker, a legal representative, an adoptee, or just curious about intercountry adoption, I hope that you will find this site to be a useful resource.

I am pleased to say that on April 1, 2008, the Hague Adoption Convention entered into force for the United States.  This is an important milestone for intercountry adoption.  The regulations set forth in the Convention provide important protections for children, adoptive parents, and birth parents.

These standards represent real progress and reflect our commitment to ensuring that adoptees receive all protections that every child deserves.  In addition, it provides that all prospective adoptive U.S. citizen parents receive appropriate assistance when engaged in the intercountry adoption process with a Convention country.  I Name

Posted by Bob Kraft at 05:17 AM |

July 08, 2008

Married To A U.S. Citizen - Permanent Residence Is Not Automatic!

A foreign national who legally entered the United States, overstayed the authorized stay, and is married to a U.S. citizen does not derive automatic lawful permanent status. Yet, by filing the appropriate paperwork with the Immigration Service, the foreign national may be eligible to attain immigration benefits and become a lawful permanent resident, even if the foreign national overstayed the visa and is out of status. Generally, foreign nationals who enter with a visa (i.e., are inspected and admitted), overstay their permissible stay, and have a valid marriage to a U.S. citizen, are eligible to adjust their status in the U.S. based on marriage to a U.S. citizen.

The process changes if a foreign national unlawfully entered the U.S., and married a U.S. citizen. The foreign national cannot adjust in the U.S. but will have to consular process. Unlawful entry occurs when an individual enters the U.S. without inspection at a port of entry. If the foreign national accrues unlawful presence of more than a year, their departure from the U.S. will trigger a ten year bar on returning to the United States. A waiver for the ten year bar must be filed to show "extreme hardship" to a U.S. citizen or lawful permanent resident spouse. If planning on consular process, the foreign national should plan on being outside of the U.S. for more than a year.

If you are married to a U.S. citizen and would like more information on how to obtain permanent residence, please call us at 214-999-9999.

Posted by Bob Kraft at 11:00 PM |