Can I adopt a Child from another country?

It is always possible to adopt a child from another country, even if you live in the U.S. Children under 18 adopted from a Hague Convention country entering the U.S. with an IH-3 visa automatically receive U.S. citizenship.  Children adopted from a non-convention country must qualify as orphans before receiving U.S. citizenship. When U.S. citizens finalize an adoption abroad, they must apply to the USCIS for an IR-3 visa for the child. An IR-3 visa classifies the child as an immigrant and provides the child with citizenship upon arrival in the U.S.

The immigration process varies for inter-country adoptions that are finalized after the child arrives in the States. Georgia currently gives full recognition to adoptions completed abroad, so long as the laws of the country and U.S. were followed. While re-adoption in Georgia is not required, in order for your child to receive a U.S. birth certificate parents must submit either re-adoption or validation of a foreign adoption documents to the courts.

Applicants can be single, married, or divorced. If single, a parent needs to be at least 25 years old and 10 years older than the child. If married, both parents need to be 10 years older than the child. You must be a Georgia resident for at least 6 months. Parents must pass a home study.

Only licensed child placing agencies within the state of Georgia may adopt or arrange for a child to be adopted. Consent may be executed any time after birth of the child. Birth parents have 10 days from executing consent to revoke.

Only medical expenses directly related to the birth of the child are permitted. Contact agreements are not legally enforceable.

Unmarried fathers wishing to receive notice of adoption proceedings can file a paternity acknowledgement form.

To discuss the specifics of your family’s needs, call us at 678.324-8511 or e-mail at info@lawrencelegal.law today to learn more.

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Green Cards for Domestic Violence Survivors and their Children

Green Card for Battered Spouse, Children & Parents

“Our office has assisted many abused  spouses to obtain the legal residency using the VAWA (Violence Against Women Act).  You can apply for this benefit even if you under deportation and even if you entered the U.S. illegaly.” As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abusers’ knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA. Help is also available for battered spouse, child or parents from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224. The hotline has information about shelters, mental heath care, legal advice and other types of assistance, including information about filing for immigration status.

Who is Eligible to File as a Battered Spouse, Parent or Child

  • Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.
  • Parent: You may file for yourself if you are the parent of a child who has been abused by your U.S. citizen or permanent resident spouse. You may include on your petition your children, including those who have not been abused, if they have not filed for themselves. You may also file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.
  • Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Eligibility Requirements for a Green Card as a Battered Spouse under VAWA

You are:

  • married to a U.S. citizen or permanent resident abuser or
  • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
  • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
  • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

You:

  • have been abused in the United States by your U.S. citizen or permanent resident spouse, or
  • have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
  • you are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.
  • entered into the marriage in good faith, not solely for immigration benefits.
  • You have resided with your spouse.
  •  You are a person of good moral character.

Eligibility Requirements for a Battered  Child under VAWA

You:

  • are the child of a U.S. citizen or permanent resident abuser or
  • were the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.

-OR- You:

  •  have been abused in the United States by your U.S. citizen or permanent resident parent or
  • have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services.
  • You have resided with the abusive parent.
  • You have evidence to prove your relationship to your parent.
  • You must provide evidence of good moral character if you are over the age of 14.

Eligibility Requirements for a Battered Parent

  • You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing.
  • You have been abused by your U.S. citizen son or daughter.
  • You have resided with the abusive son or daughter.
  • You are a person of good moral character.

Filing Process for Battered Spouse, Child or Parent

  • You must complete the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, including all supporting documentation.
  • You must file the form with the Vermont Service Center (VSC).
  • If you meet all filing requirements, you will receive a notice (Prima Facie Determination Notice) valid for 150 days that you can present to government agencies that provide certain public benefits to certain victims of domestic violence.
  • If your Form I-360 is approved and you do not have legal immigration status in the United States, we may place you in deferred action, which allows you to remain in the United States.

Working in the United States If you have an approved Form I-360 and have been placed in deferred action, you are eligible to apply to work in the United States. To apply to work in the United States, you must file the Form I-765, Application for Employment Authorization, with the Vermont Service Center. Your children listed on your approved Form I-360, may also apply for work authorization. For more information on working in the United States, see the “Working in the U.S.” link to the right.

Permanent Residence (Green Card) for Battered Spouse, Child or Parent)

If you have an approved Form I-360, you may be eligible to file for a green card. Your children listed on your approved Form I-360 may also be eligible to apply for a green card.

To discuss the specifics of your case, call us at 678.324-8511 or e-mail at info@lawrencelegal.law today to learn more.

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Cancellation of Removal for Non Permanent Residents

Many people know this as the “10 year law.” It allows the Attorney General, an Immigration Judge, or the Board of Immigration Appeals to cancel the removal of a non-permanent resident from the U.S. if:

  1. He has been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable to persons who have served a minimum of 24 months in the U.S. Armed Forces, was present in the U.S. during his enlistment or induction, and is either serving honorably or has received an honorable discharge.) “Continuous” means that the person can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.
  2. He has been a person of good moral character for ten years;
  3. He cannot be inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).
  4. He established exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent or child. (Note: not hardship to the applicant).

Cancellation of Removal for Battered Spouse

A battered spouse must firstly be put into deportation (or “removal” under the new law) proceedings. She must demonstrate three years of continuous physical presence in the United States, instead of ten years as applicable to other individuals. Time toward the three-year period would accrue even after she received the notice to appear for the removal hearing. This is different than the one that applies to other individuals where physical presence in the United States terminates upon service of notice or commission of a criminal act.

The applicant for cancellation must demonstrate good moral character and must not be inadmissible under:

1. Section 212(a)(2) – criminal and related grounds
2. Section 212(a)(3) – security and related grounds
3. Section 237(a)(1)(G) – marriage fraud
4. Section 237(a)(2) – criminal offenses
5. Section 237(a)(3) – document fraud
6. Section 237(a)(4) – security and related grounds

The applicant, furthermore, must not have been convicted of an aggravated felony.

Most difficult is the requirement that the applicant demonstrate that removal would result in extreme hardship. While the battered spouse or child has to demonstrate “extreme hardship”, others need to show “extreme and unusual hardship.” Unlike in the cancellation of removal for other individuals who have to show “extreme and unusual hardship” to a citizen or resident relative, extreme hardship alone to the battered applicant would suffice.

To discuss the specifics of your case, call us at 678.324-8511 or e-mail at info@lawrencelegal.law today to learn more.

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