| The United States Immigration and Naturalization | | | | 101 (b)(1)(F) which endows immigrant classification to |
| Service (INS) sets requirements for which a child who | | | | orphans who have been adopted by US citizens. With |
| was internationally adopted can be brought to the | | | | this provision, there are requirements established by |
| United States. Additionally, the adoption will have | | | | the INA and related institutions which must be met |
| specifications given by the foreign country from | | | | by both parties, but the two year residency |
| which the child resided. The state of residence of the | | | | requirement is eliminated. After qualification of |
| prospective parents may also be involved in the | | | | parents and child, a visa can be issued for the child to |
| process as well. Many of the requirements are | | | | the United States. |
| extremely particular and repetitive due to the number | | | | Specific information about INS requirements can be |
| of entities overlooking the adoption. If a document is | | | | found in the US Department of Justice, Immigration |
| requested, it is recommended that several copies are | | | | and Naturalization Service brochure M-249Y, The |
| obtained. The process while tedious is designed to | | | | Immigration of Adopted and Prospective Adoptive |
| provide the most protection to all parties involved | | | | Children. The INS provides a toll-free number from |
| including the child, adoptive parents, and birth parents. | | | | which a form M-249 booklet can be requested as |
| The US Immigration and Nationality Act INA is the US | | | | well as a directory listing the telephone numbers of |
| immigration law regulating the distribution of visas to | | | | local INS offices in the US. The INS toll free number |
| citizens of foreign countries which includes children | | | | is 1-800-755-0777. |
| adopted abroad. INA Section 101(b)(E) gives | | | | The adoption attorney or agency requires specific |
| immigrant classification to "a child adopted while under | | | | documents along with the state of residence. Many |
| the age of sixteen years if the child has been in the | | | | find the documents to be quite daunting. There is a |
| legal custody of, and has resided with, the adopting | | | | chart in Appendix C, Section 4 which can serve as a |
| parent or parents for at least two years." This | | | | checklist for most of the required documentation. In |
| provision is intended for individuals living abroad who | | | | general, an applicant will be expected to prove |
| wish to adopt. Since most adoptive parents do not | | | | citizenship, marriage, health, financial stability, and a |
| have the luxury of living abroad with their child for 2 | | | | clean criminal record. A home study conducted by a |
| years, there is an additional provision of INA Section | | | | licensed social worker will often be mandated. |