1. INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE? Missouri Bar Joint CLE Committees Missouri Bar Joint CLE Committees November 18, 2011 INTERNATIONAL ADOPTION: Here? There? Anywhere? Kathleen A. Harvey, JD 1

2. INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE? AVOIDING THE ADOPTION LANDMINES Private Adoption Abroad Hague Treaty Illegal US Entry Parent NOT USC Child is 16 2

3. INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE? “HERE? “International” Adoption Inside The USA ISSUE # 1 – Hague Convention ALARM BELLS? IF SO, IS CHILD Habitually Resident ?? ISSUE #2 – Is Child Here Legally? (Visitor? Student?) Is Child Under 16? ADOPTION COMPLETE? – US CITIZEN Waits 2 Years, Apply To For “Green Card” Status if US 3

4. OTHER OPTIONS ? SPECIAL IMMIRANT JUVENILE STATUS STATE COURT ORDER Juvenile under Court’s Jurisdiction (e.g. Probate) = Not in child’s best interest to be returned = Due to abuse, neglect, abandonment or similar state law basis. & Can NOT be only for purpose of SIJS INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE?4

5. HERE? “International” Adoption Inside The USA But What IF No Parent Is A US Citizen? Only Lawful Permanent Resident? Is Child Here Legally? (Visitor? Student?) Child Must Maintain Legal Status In US, AND –Wait Until A Visa Is Available (5 year wait) –OR LPR PARENT BECOMES A US CITIZEN If child under 18, then automatic US citizenship WHAT IF PARENT OR CHILD IS “ILLEGAL”? 5

6. INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE? ANYWHERE? ADOPTION LANDMINES Q. PRIVATE ADOPTIONS OUTSIDE THE US? NON- HAGUE COUNTRIES ONLY A.NOT unless “ORPHAN” OR parent is USC and lives with child outside the US for 2 years total. WHO IS AN ORPHAN? Legally an orphan? Abandoned? 6

7. INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE? SO -- WHO NEEDS TO KNOW IMMIGRATION LAW? YOU DO IF YOU PRACTICE: ADOPTION LAW CRIMINAL DEFENSE JUVENILE LAW WORK FOR DSS/DFS GUARDIAN Ad Litem My Kid Cases 7

8. KATHLEEN A. HARVEY, JD Member American Immigration Lawyers Association 7011 W. 121st Street, Suite 102 Overland Park, KS 66209 www.harveyimmigration.net Kathleen@HarveyImmigration.com (913) 491-6331 FAX (913) 491-6318 INTERNATIONAL ADOPTION: HERE? THERE? ANYWHERE?8