![]() |
American Citizen Services |
|
The U.S. Department of State and the U.S. Bureau of Citizenship and Immigration Service are obliged to observe and respect both Philippine and U.S. laws concerning the adoption of children. Immigrant visa petitions can only be approved, and visas can only be issued, when the adoption is in full compliance with both countries' statutory requirements. For U.S. immigration purposes, there are two types of adoption: orphan and non-orphan. Immigration benefits for a non-orphan adopted child may be obtained under Section 101 (b) (1) (E) of the U.S. Immigration and Nationality Act. This section of the law has four main requirements. First, the child must be adopted before the age of 16. Second, the child must be in the legal custody of the adoptive parents for at least two years prior to the filing of an immigrant visa petition. Third, the child must have lived with the adoptive parents for at least two years prior to or after the legal adoption. Fourth, the parents must have exercised primary parental control over the child during this period. There is no provision for a waiver of these requirements. Section 101 (b) (1) (F) of the Immigration and Nationality Act defines an orphan as "a child under the age of sixteen at the time a petition is filed on his/her behalf who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption." This definition is rigorous and differs substantially from the common definition of an orphan. In addition to the regular requirements for adoption, U.S. citizens interested in adopting a Filipino child while they are living in the Philippines must meet the following conditions:
The Philippine government may waive these requirements in the following cases:
The Philippine Inter-Country Adoption Board (ICAB) P.O. Box 1622 Certain foreign-born children adopted by U.S. citizens will acquire citizenship automatically once they are admitted to the United States as lawful permanent residents. In general, children immigrating to the United States in the IR2 (immediate relative-adopted child), IR3 (orphan adopted abroad), and IR4 (orphan coming to the U.S. for adoption) immigrant visa categories will automatically attain citizenship once they enter the United States. Please note that for children in the IR4 category, U.S. citizenship is contingent upon successfully completing the adoption process in the United States. Further information For more information regarding immigrant visas, you may contact our Call Center. It can be reached at 1-909-101-7878, Monday to Friday, 8 a.m. to 6 p.m. (Philippine Time). There is a fee charged to callers by the Call Center for its services. You may also visit the Immigrant Visa. For general information on international adoption, click here. For general information about parental child abduction, click here
Return to American Citizen Services Main Page
|
|
Last
Update ::
02/07/2008
|
|
| In order to view PDF files, you must have a version of Adobe Acrobat Reader. Follow the link to download the latest version. Adobe Acrobat Reader This site is produced and maintained by the Public Affairs Section of the U.S. Embassy Manila. Links to other Internet sites should not be construed as an endorsement of the views contained therein. Privacy Notice and Disclaimer |
|