INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE?

Missouri BarMissouri BarJoint CLE Committees Joint CLE Committees

November 18, 2011

INTERNATIONAL ADOPTION: INTERNATIONAL ADOPTION: Here? There? Anywhere?Here? There? Anywhere?

Kathleen A. Harvey, JDKathleen A. Harvey, JD

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INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE?

AVOIDING THE ADOPTIONAVOIDING THE ADOPTIONLANDMINESLANDMINES

• Private Adoption Abroad

• Hague Treaty• Illegal US Entry• Parent NOT USC• Child is 16

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INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE?

““HERE? “International” HERE? “International” Adoption Inside The USAAdoption Inside The USA

ISSUE # 1 – Hague Convention ALARM BELLS?

IF SO, IS CHILD Habitually Resident ??

ISSUE #2 – Is Child Here Legally? (Visitor? Student?) Is Child Under 16?

ADOPTION COMPLETE? – US CITIZEN Waits 2 Years, Apply To For “Green Card” Status if US

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OTHER OPTIONS ?

SPECIAL IMMIRANT JUVENILE STATUS

STATE COURT ORDER

Juvenile under Court’s Jurisdiction (e.g. Probate) = Not in child’s best interest to be returned = Due to abuse, neglect, abandonment or similar state law basis.

& Can NOT be only for purpose of SIJS

INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE? 4

INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE?

HERE? “International” HERE? “International” Adoption Inside The USAAdoption Inside The USA

• But What IF No Parent Is A US Citizen? • Only Lawful Permanent Resident?• Is Child Here Legally? (Visitor? Student?) Child Must

Maintain Legal Status In US, AND– Wait Until A Visa Is Available (5 year wait)

– OR LPR PARENT BECOMES A US CITIZEN

• If child under 18, then automatic US citizenship• WHAT IF PARENT OR CHILD IS “ILLEGAL”?

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INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE?

ANYWHERE?ANYWHERE?ADOPTION LANDMINESADOPTION LANDMINES

Q. PRIVATE ADOPTIONS OUTSIDE THE US? NON-HAGUE COUNTRIES ONLY

A. NOT unless “ORPHAN” OR parent is USC and lives with child outside the US for 2 years total.

WHO IS AN ORPHAN?

Legally an orphan? Abandoned?

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INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE?

SO -- WHO NEEDS TO KNOW SO -- WHO NEEDS TO KNOW IMMIGRATION LAW?IMMIGRATION LAW?

YOU DO IF YOU PRACTICE:

• ADOPTION LAW• CRIMINAL DEFENSE• JUVENILE LAW• WORK FOR DSS/DFS• GUARDIAN Ad Litem

My Kid

Cases

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KATHLEEN A. HARVEY, JDKATHLEEN A. HARVEY, JDMember American Immigration Lawyers Association

7011 W. 121st Street, Suite 102

Overland Park, KS 66209

www.harveyimmigration.net

Kathleen@HarveyImmigration.com

(913) 491-6331 FAX (913) 491-6318

INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE? 8