Adoption from India

It seems that Indians can’t get a break these days. Priority dates have retrogressed for those seeking to immigrate through employment and the priority dates for family based intending immigrants are also horrendous. Most Indians don’t know that they will also face an up hill battle if they wish to adopt a child from their home country however; this time it’s the Indian law that causes the problems and not the US law. Everyone who seeks to adopt a child has to comply with US immigration law and the law of the country of residence of the child. Since India is a Hague country- the adoptive parents have a number of hoops they must jump through before the child is eligible for a green card. Indian adoptive parents should also remember that Indian law does not allow you to adopt a child of the same sex as any children that you already have. And if you happen to be Muslim, the process is complicated further because Indian law will only allow you to become a guardian of the child you seek to adopt. While this is sufficient for cases where the child falls under the definition of orphan; you won’t be able to sponsor the child for an immigrant visa as an immediate relative. On the bright side- there were over three hundred immigrant visas granted to adopted Indian children last year- that’s one for every business day of the year so with hard work and perseverance it can be done.

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