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alli

Adopting an Indian Child in India

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Hi,

My 6 years of H1b expires in August 2013. My company is filing for my GC and has filed PERM last week, hence it is likely that I will be living in India for a year or so till my PERM and I140 gets approved. I expect to be back and working in the US by Dec 2014.

While I’m in India, assuming I can adopt a baby and get passport and other necessary documents for the adopted baby, can I apply for H1b dependent visa (H4) for the baby when we come back in Dec 2014?

Since technically I will not be in status then and it will be a new H1B application next year, I presume the 2-year child custody requirement doesn’t apply here.

Any information in this regard would help me plan accordingly.

Thanks.

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You need to speak with an immigration attorney with family law experience. The issue is unlikely to be H4 but the GC.

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T75, thank you for replying. I am trying to find an attorney who can address this.

I was wondering if I can bring the child to the US in a dependent or visitor category after complying with the adoption process in India and getting legal custody / guardianship of the child. Can I then initiate the immigration process on the US side after the required 2 year child custody?

Has anyone done this before? I want to know if this is even possible.

Thanks.

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I had thought the 2 year residency had to be outside the US but am not certain, You absolutely must consult and attorney. Try the AILA organization which is the professional organization for immigration law specialists. Remember that the attorney can be anywhere. You could also find a US based international adoption agency who makes placements from India.

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T75, thank you for replying. I am trying to find an attorney who can address this.

I was wondering if I can bring the child to the US in a dependent or visitor category after complying with the adoption process in India and getting legal custody / guardianship of the child. Can I then initiate the immigration process on the US side after the required 2 year child custody?

Has anyone done this before? I want to know if this is even possible.

Thanks.

Ali,

 

We are in the same boat. We are not in GC process though. Please let me know if you found any information.

 

If not, I am willing to explore talking to an attorney together and splitting the cost.

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An attorney is not likely to split costs. If you cannot afford the attorney for a consult, you cannot afford to adopt while in the US.

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