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Adoption and Adoption 101
The intersection of immigration and adoption law is notoriously complicated. This presentation will help you understand the basic substantive and procedural law governing the immigration of adopted children. Learn from Gretchen Korb-Nice, an experience lawyer who's practice is dedicated to this specialized area. Topics that we cover include: ~ Definition of "child" under the INA. ~ Hague vs. non-Hague adoptions - what's the difference and why does it matter? ~ U.S. court jurisdiction over finalizing adoptions. ~ Understanding the three requirements of a valid adoption under the UNA. ~ Strategies for children adopted after age 16. ~ Alternative strategies to adoption. ~ Adoption of "orphans." ~ Derivative citizenship for adoptees. --- © Gretchen Korb Nice Gretchen Korb-Nice is a Washington attorney focusing on immigration and adoption. As an attorney at Holman Cahill, Gretchen assists clients with domestic adoptions in Washington State and with international adoptions from across the globe.
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Adoption and Adoption 101
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- 2. How does adoptionimpact my practice? • Children who are physically present in the U.S. • Adoptions that are not full and final • The Child Citizenship Act of 2000 • Family unity In 1957, Congress added a provision to the INA to include adopted children within the definition of “child”, but it imposed an age restriction in an attempt to “distinguish between bona fide adoptions, in which a child has been made a part of a family unit, and spurious adoptions, effected in order to circumvent statutory restrictions. Matter of Cariaga, 15 I&N Dec. 716, 717 (BIA 1976)
- 3. Roadmap • Family petitionsfor adopted children -- INA §101(b)(1)(E) • Orphan petitions -- INA §101(b)(1)(F) • Hague Convention Adoptions -- INA §101(b)(1)(G) • Alternative Strategies • General Practice Pointers
- 4. Family Petitions • INA§101(b)(1)(E) • Eligibility of adoptee and petitioner • Valid adoption • I-130 Process • Citizenship • Nunc pro tunc cures following Matter of Huang • Practice pointers
- 5. Orphan Adoptions (Non-Hague Adoptions) •INA §101(b)(1)(F) • “Orphan” definition • Eligibility of prospective adoptive parents • Process • Citizenship • Practice Pointers
- 6. Hague Convention Adoptions •Background Information • INA §101(b)(1)(G) • Initial analysis • Convention Countries • Status Tables • Eligibility of Prospective Adoptive Parent • Process • Citizenship • Practice Pointers
- 7. What Other OptionsAre There? • Special Immigrant Juvenile Status • VAWA • Asylum • F-1 • B-1/B-2 • Humanitarian Parole
- 8. Final Practice Pointers •Child Citizenship Act of 2000 • Immigration benefits for bio family prohibited • U.S. Court Jurisdiction • Issue spotting
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