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San Francisco Bay Area Immigration Blog

New Law Makes Immigration for Adopted Orphans Easier

On January 17, 2014, President Obama signed a new law which eased the immigration for adopted orphans.  The change, which applies to Non-Hague convention adoptions, allows adoptive parents to petition for their adoptive child so long as one of the parents has “personally saw and observed the child before or during the adoption proceedings.”  Previously, both parents had to observe and see the child before or during the adoption process in order for the orphan petition to be approved.  The change is expected to save adoptive parents money and help avoid unnecessary delays in the immigration process.

If a child is appropriately classified as an orphan under the immigration statute, the child can potentially enter on an IR-3 visa.  After entering the US on this visa, the child automatically becomes a U.S.citizenship under INA §320.