Do You Need an Immigration Attorney After You Adopt a Child - Carlos Gamino

By Carlos Gamino

If you’ve adopted a child in another country, but that child isn’t yet an American citizen, you may find it beneficial to work with a Wisconsin immigration attorney who understands the process of citizenship for adopted children.

What U.S. Citizenship and Immigration Services Does in Adoption Cases

Thousands of people living in the U.S. adopt children from overseas each year, and their cases go through U.S. Citizenship and Immigration Services. However, if you’ve adopted a child while residing overseas, the process of getting your child American citizenship is a bit different.

For most people, it makes sense to work with an immigration attorney for an Immediate Relative Petition through USCIS.

What is an Immediate Relative Petition?

An immediate relative petition is something a U.S. citizen can file for:

  • Children under the age of 21 who are unmarried
  • Parents, if the petitioner is older than 21 (this doesn’t apply in this situation)
  • Spouses (this doesn’t apply in this situation, either)

How Does an Immediate Relative Petition Work?

The U.S. citizen must petition for a family member (in this case, the adopted child) to receive a permanent resident card (also known as a green card) in the U.S. by filing a Form I-130, Petition for an Alien Relative. That form can establish the relationship between you and your child.

The consulate will process the application, and it will go on to the USCIS.

From there, you’ll get a receipt, a notice of your appointment date, and, in some cases, a written decision. If USCIS approves your petition, they’ll send it directly to the U.S. Department of State’s National Visa Center, or NVC.

Your immigration attorney will help ensure that you’ve filed all the appropriate forms and give you advice about the next steps you must take, such as filing an Affidavit of Support to show that you will be your child’s financial sponsor.

Do You Need to Talk to a Milwaukee Immigration Attorney?

If you need to talk to an immigration lawyer in Wisconsin, we can help. Call us at 414-383-6700 for a consultation, whether you’ve already adopted a child while you lived overseas or you’re looking for assistance with an immigrant visa, removal proceedings, or another matter involving immigration to the U.S.

Carlos Gamino