How can I adopt this girl with J-1 Visa?

Question

This student came here 1 year ago and now it is time that she has to return back to her country but I really want to adopt her and her parents agreed the samething. can you guys please tell me the steps? I thank you all in advance.

Answer 1

Whether you can adopt or not does not matter.  Once past the age of 16 an adoption by an American citizen of a foreign child confers no immigration benefit upon the adopted child.  If she's got a J1 visa she's obviously past age 16 already.

Additionally, in a case where the child's family members are still living (are they related to you?) it's likely you'd be required to go to the child's country, legally adopt the child in the local courts, live in the country with the child in your home, in the child's country, for two years, before returning to the United States.  Again, the adoption would have to be 100% complete before the child's 16th birthday.

Answer 2

I don't think you can legally adopt this girl, even with her parents consent.

Even if that side of things is possible, the rules for adopting from a foreign country has just undergone a huge overhaul.

I suggest you have a long hard read of the Hauge Adoption Convention which US Citizens must now follow to adopt a foreign national. Information can be found in the link below.

Keep in mind the FAQ on the Child Citizenship Act:

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

    * At least one adoptive parent is a U.S. citizen,

    * The child is under 18 years of age,

    * If the child is adopted, a full and final adoption of the child, and

    * The child is admitted to the United States as an immigrant