Can a Naturalized US Citizen Adopt Her Grandchild and File for US Citizenship Using I-600A?

Adopting a grandson or granddaughter from abroad is a complex process, involving a myriad of legal and administrative requirements. The question of whether a naturalized US citizen can adopt her grandchild abroad and file for his US citizenship using the I-600A application is not straightforward. This article aims to clarify the steps and conditions related to this process.

Complex Variables and Requirements

There are several factors that complicate the process, including questions about the nation of the grandchild's nationality and its stance on international adoption. Additionally, there are other elements to consider, such as whether the grandmother resided with the grandchild for at least two years or more and the current age of the grandchild.

The fact that the grandparent is a naturalized US citizen does not change the fundamental requirements of the process. The process is detailed in the official guidelines and resources such as 'Bringing Your Internationally Adopted Child to the United States' provided by the USCIS.

Understanding the I-600A Application

The I-600A application is designed for potential adoptive parents to apply for the advance processing of an 'orphan' before the orphan is identified. This process is more suitable for situations where the child has already been identified or adopted. If the child does not qualify as an 'orphan,' the process can still be navigated through other means.

Orphan Eligibility

An orphan is defined in the context of international adoption as a child who has lost both parents or whose parents are legally and permanently absent or have abandoned the child. To meet the I-600A criteria, the child's parents must be deceased, disappeared, or unable to provide care. If these conditions are met, the adoption process can be expedited by filing the I-600A before the child is brought to the US.

Different Path When Orphan Criteria Not Met

If the grandfather or grandmother of the child does not meet the orphan criteria, an alternative route is available. Here, the grandparent can adopt the child and petition for his immigration to the US, but the process is a bit different. Before the grandchild can be officially adopted, they must have been under the legal custody of the adopting parent for at least two years and have resided with them for the same period of time. Once these requirements are met, a relative petition (I-130) can be filed for the child as a dependent of a US citizen.

Conclusion and Next Steps

The process of adopting a grandchild and obtaining US citizenship for the child can be intricate, but with a clear understanding of the requirements, it becomes more manageable. It is essential to consult the official USCIS guidelines and seek legal advice to ensure compliance with all necessary steps.

Keywords: I-600A, US Citizenship, International Adoption, Hague Convention