Is adoption process the same as a regular adoption if the mexican national child had resided in texas since she was 3 yrs old?

Answered July 08, 2010 07:32. There is a difference between foreign national children who are orphans and those who are not. An orphan who entered the Unites States without authorization or who is here on a non immigrant visa cannot receive the benefits of an orphan petition and become a legal permanent resident. This applies to orphans whose parents died, disappeared, or abandoned them or the loss of both parents in some other way.

Generally speaking, foreign national children who are in the United States may be adopted so long as they are under 16 years of age, the adopting parents have two years of legal custody, and the children reside with parents for two years.

As you can see, the issues are complex. I would strongly suggest that you first see an immigration attorney who will tell you what benefits are available to the foreign national children based on an adoption.

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Elizabeth R. Blandon
www.Blandon-Law.com
954-876-4132