LawAdoption Blog

Saturday, April 16, 2016

SIJS Alert: May 1 Deadline to file for Green Card for Unaccompanied Kids from El Salvador, Guatemala,Honduras

USCIS has just released the following announcement. The best course of action is to file for the child's green card before May 1. Please see your immigration attorney right away if you have a pending case of SIJS:

Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants From El Salvador, Guatemala and Honduras
The Department of State’s Visa Bulletin for May 2016 reflects a final action date of January 1, 2010, for EB-4 visas for special immigrants from El Salvador, Guatemala and Honduras. This means that starting in May, applicants from these countries who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant on or after January 1, 2010, will not be able to obtain an immigrant visa or adjust status until new visas become available.

These three countries have reached their EB-4 visa limits as congressionally mandated for fiscal year 2016, which ends September 30. Information on EB-4 visa availability for fiscal year 2017 for El Salvador, Guatemala and Honduras will appear in the Department of State’s October Visa Bulletin, which will be published this September.

EB-4 visas are for special immigrants. These are individuals who may be eligible for lawful permanent resident status based on specific classifications, including Special Immigrant Juvenile (SIJ).

What this action means to EB-4 applicants from El Salvador, Guatemala and Honduras:

Petitioners from any country, including El Salvador, Guatemala and Honduras, may continue to file Form I-360. There is no annual limit on the number of Form I‑360 petitions that USCIS may approve.

The final action date is January 1, 2010. This final action date became effective upon publication of the May Visa Bulletin on April 12.

USCIS will accept all properly filed submissions of Form I-485, Application to Register Permanent Residence or Adjust Status, under the EB-4 classification until April 30, 2016.

We will process and make a decision on your Form I-485 application only if you have a Form I-360 filed before January 1, 2010, that is ultimately approved.
If you have a pending Form I-360 filed on or after January 1, 2010, we will process and make a decision on your Form I-360 but withhold a decision to approve your Form I-485 application pending availability of an EB-4 visa.
If you file Form I-485 under the EB-4 classification after April 30, 2016:

We will process and make a decision on your Form I-485 only if you filed your Form I-360 petition before January 1, 2010, and your Form I-360 is ultimately approved.
We will reject and return other Form I-485 applications but will continue to process Form I-360 petitions (even if submitted together with a Form I-485 that gets rejected).

https://www.uscis.gov/news/employment-based-fourth-preference-eb-4-visa-limits-reached-special-immigrants-el-salvador-guatemala-and-honduras

Drafted by Karen S. Law
Disclaimer

This blog and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2016

Monday, February 22, 2016

Adopting from Nigeria

I have been assisting several families adopting from Nigeria over the years. ows the process to adopt from this country. Here is a brief overview of the process.

There is always the question of who can adopt? You not only have to meet the requirements of the U.S. Immigration but you also have to meet the requirements of Nigeria.The Nigerian process varies by the Nigerian state in question. Most states require that the adoptive parents be Nigerian citizens or of Nigerian descent. In certain states you have to at least be 25 years old and 21 years older than the child. There is a mandatory foster care period where the adoptive parents care for the child prior to the adoption being finalized in Nigeria.

The entire process is handled through the state Ministry of Women's Affairs. The Ministry of Women's Affairs is essential to the adoption. They make the determination that adoption is in the child's best interests, match the child with the adoptive parents, and visit the child and the parents during the foster care period where the child is cared for by the adoptive parent in country.

Additionally, the U.S. couple of Nigerian descent must locate a primary provider in the U.S. to perform the home-study and the other adoption services that are not performed by the state Ministry of Women's Affairs. The U.S. couple files the I 600A in the U.S and undergoes screening to ensure that they are suitable to adopt. After the I600A is approved, the file is sent through the National Visa Center to the U.S. Embassy in Lagos. The family files the I-600 at the Embassy. From there, there is a mandatory investigation (up to 12 months), to determine if the child is truly an orphan according to U.S. immigration law. If the I-600 is approved, the next step is the visa application, medical exam, and visa approval. The family must also obtain a Nigerian passport for the child.

Nigeria has special requirements in addition to the U.S. immigration requirements that a child must meet in order to be eligible for adoption.

Relinquishment: If children are allegedly relinquished by their parents and they are still living they will be investigated. The U.S. Consulate has found Nigerian parents will relinquish their children to a relative over in the United States so they can have the ability to immigrate to the U.S.

Abandonment: In Nigeria, abandonment is poorly documented so it may require a full investigation to confirm abandonment.

Age of Adoptive Child: The Adoption Act of 1965 says the child must be below the age of 16 or 17 according to the Child Rights Law in order to be adopted. U.S. law requires a child to be under the age of 16 at the time the I600A or I600 petition is filed unless the child is a natural sibling of a child that was already adopted by the same parents while under the age of 18.

Sibling Adoptions: In Nigeria, there are no specific guidelines regarding adopting siblings.

Special Needs or Medical Conditions: Nigeria will generally specify any special needs or address the general health of the child to be adopted. The U.S. home study should match any specifications of special needs that are observed by the Nigerian court.

For more information, including alerts and notices concerning Nigerian adoptions:
http://travel.state.gov/content/adoptionsabroad/en/country-information/learn-about-a-country/nigeria.html

For general information on intercountry adoption, https://www.uscis.gov/adoption
http://travel.state.gov/content/adoptionsabroad/en.html

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

Monday, February 1, 2016

Adoption Loans and Grants/2016 Adoption Tax Credit

Want to adopt but finances are low? There are loans and grants that you can apply for in order to help with the costs. It's not going to be easy and the money won't all come from one place. Also, you need to realize that all of your costs will not be fully covered, but it will help. Don't get discouraged if one option does not work for you; keep trying until you find one that does.

Some things to look into:

Your home bank: Consider starting here, they will have a better chance at refinancing your current mortgage or helping you take out a home equity loan.

Research outside lenders:America's Christian Credit Union is one of the best.

Zero-interest lenders: It might be hard to believe but there are a few lenders out there that provide loans with no interests. One of the most popular is Pathways for Little Feet.

Consider a combination of a grant and loan: An example would be A Child Waits; they can provide grants as well as low to no interest loans.

Other Foundations: HelpUSAdopt, Lifesong for Orphans, Gift ofAdoption and Show Hope.

Coaches at your adoption finance coach: Your adoption finance coach works closely with families to help them figure out what’s best for them. Make sure you talk to them and set out a plan.

Adoption Tax Credit: The most important source of financial assistance is the federal adoption tax credit which pays you back for the money you have spent for your adoption. The IRS web-site has a lot of helpful information as to which year you claim the credit. www.irs.gov

The adoption tax credit is adjusted each year based upon the cost of living allowance. The maximum credit for 2016 is $13,460. The adoption tax credit is fully available in the amount of $13,460 if your modified adjusted gross income is equal or less than $201,920. If your modified adjusted gross income is more than $201,920 but less than $241,920, you will receive a reduced tax credit. No tax credit is available for those earning more than $241,920.00.

Parents who adopted a child who has been determined to have "special needs" by the state or county child welfare agency can claim the maximum credit regardless of whether they have spent any money to adopt the child.

Step-parent adoptions do not qualify for the tax credit.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

Monday, November 9, 2015

Numbers of Children in Foster Care Increase

Adoption and Foster Care Analysis and Reporting System (AFCARS) recently released their data from FY2014. There data shows that there was an increase of children coming into the system and a decrease of children leaving, making the population in the system grow. From last year, the overall increase was 3425 more children waiting for permanency.

We can't say why the number is increasing--it's too early to have any definite answers. Rafael Lopez, Commissioner of the Department's Administration on Children, Youth and Families said, "We are concerned about any increases in the foster care number, and we are working hard with our state partners to better understand the reasons behind the increase".

Some possible explanations are:

Shift in focus from family preservation to child safety: There used to be a focus on reunification and now the system is focusing on the safety of the child. Social workers are asking more questions and noticing more and more red flags which would mean that a safe environment could not be created for the child.

Drug Addiction: Although alcohol and drug addiction numbers have stabilized over the years, substance abuse is still one of the main reasons that children enter and remain in the foster care system.

High Turnover in Foster Care Workers: Although there is no substantial evidence to prove this is a reason for the increased number in foster care children, youth worker turnover could be adding to it. With new inexperienced workers joining family services' staff, there will be transition issues which may mean longer time periods in foster care.

Lack of Services to Help Birth Families: "In some states funding for services to prevent removal of children from their biological families has declined in recent years. For example, in Florida in-home services to prevent removal have declined since a peak in 2012.

Christina Spudeas, executive director of the advocacy group Florida’s Children First, says: “The key to successfully leaving children in the home after an allegation of abuse or neglect is to have the right services provided to the family at the right time, with sufficient oversight.”

To read the entire article from the Creating a Family website click this link

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

Monday, November 2, 2015

Adopting Siblings

The Creating a Family website gives some excellent tips on what to expect when you are adopting siblings. Part of social worker's job is trying to keep siblings together if possible, and this priority of placement is statutory. However, the child's best interest are paramount. Not all sibling placements are successful and sometimes, it is best for the emotional health of one child for the siblings to be separated. We have worked with sibling groups who have been adopted by one family successfully. We have also worked with sibling groups who have each been adopted by different families and the adoptive families have done a great job of helping their child grow and change while maintaining the sibling bond with regular visits and communication.

There are unique challenges and blessings of adopting siblings. For the child, it is comforting to have a family member transition with them into the new placement who already knows them and their history well. The child is also not the only "new" member of the family. One of the challenges is that the unhealthy sibling patterns in the former family can be carried over into the new placement. Each child reminds the other of past abuse or neglect and flashbacks can occur. As in many placements of older siblings, professional therapy can make the difference.

The tips you are about to read were taken directly from the Creating a Family website. If you wish to read the entire article with all the tips they have to share with you we have provided a link.

Tips for Adopting Siblings

Forming attachment with each child in the sibling unit takes effort and individual time with each child.
Lower your expectations on what you will be able to accomplish outside of parenting, for the first 6-12 months post adoption. This is not the time to take on a major home renovation, an extra project at work that requires frequent travel, or a new hobby.
Be up front with your social worker before the adoption about what type of behaviors you cannot handle. Do not be afraid to say you cannot or do not want to handle some behaviors.
Try to plan a fun family activity each week that you and the children will enjoy. There is nothing like having fun together to build the bonds of family love. These activities will also help to blend the children already in the home with the newly adopted siblings. This activity does not have to be expensive and should be something that you genuinely look forward to. See Best Parenting Advice Ever (and it’s not what you think).
If you have children already in the family, be very careful with supervision and limit time alone without parental supervision. You will not know all types of abuse that the children may have been exposed to.
Recognize that the children will likely grieve what they have lost before they are able to celebrate what they have gained. You may feel that the child is better off with you in your safe and comfortable home, but your child likely will not believe that at first. Spend time before they arrive understanding this grief and recognizing the different ways it may be exhibited. Your social worker should be able to provide training on grief and loss and you will need ongoing support.

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.
Disclaimer

Monday, September 28, 2015

Finding an expectant parent for a possible adoption

I'm often asked how adoptive parents and birth parents connect with each other. If they are not matched though a licensed agency, how do they meet and determine that they would like to proceed with a direct parental placement or independent adoption?

I have found the number one way that adoptive parents and birth parents connect is through word of mouth. A common example is that the adoptive parents had let it be known that they were interested in adopting and someone in their circle of friends or acquaintances learned of a birth mother who was exploring adoption.

Other tips include sending out your profile to adoption attorneys who connect directly with birth parents. If you do that, you could find the list of reputable adoption attorneys at www.adoptionattorneys.org. Narrow down your mailing to attorneys in the state where you live or where you have other ties. If the adoption occurs across state lines, you will be staying in the state where the child is born until the birth parent(s) have executed their consents and permission has been obtained for the adoption to occur across state lines through the ICPC clearance process. This might be where your relatives reside or a state you lived in previously where you still have a lot of connections.

It is good to send hard copies of your profile book which does not contain your identifying information (See our earlier blog post from 2013 on Creating an Adoption Profile) Along with the book, you should provide a cover letter which has your best contact information, the name of your attorney and their contact information. If you would like to be notified before your profile book is shown, you would also make that request in the letter.

Some additional tips can be found in this excellent article from Creating a Family:

Although the article uses the word “advertising” because that is how people search for this information, there is something inherently dehumanizing about using this word in relation to a woman in crisis. As you follow the tips, keep in mind that this is a human being we are talking about, and a person that may well be in your life for life. Proceed with respect and compassion.

· Notify your personal network of family and friends that you are interested in adopting and would appreciate them keeping you in mind if they hear of an opportunity to discuss adoption with an expectant parent. Ask them to spread the word to their circle of friends. We recommend sending a letter via old fashion mail. Letters are infrequent enough now to stand out as something important. You may want to follow up with an email to make it easier to include a link to your adoption website. See below.

· Think through in advance about the need to strike the balance between your need for privacy and your need to spread the word. In order to cast your net wide, you will need to share your adoption journey.

· Do not send out a mass mailing to people you do not know asking them about a potential match. It will likely just end up in the trash.

· You must talk with your adoption agency or adoption attorney about what type of adoption advertising your state allows. If you need help finding an adoption agency, check out the resources at the Creating a Family Choosing an Adoption Agency page. If you need help finding an adoption attorney, check out the American Academy of AdoptionAttorneys:

· Set up a website for your adoption journey. Keep it simple. Include photos and your adoption profile. Although certainly not necessary, you may want to include a blog, but you will want to be circumspect about how much of your impatience and frustration you want to share. Do not spend a lot of money on setting up this website. It need not be fancy. You likely will not get many hits, so this should not be where you spend the bulk of your money.

· Make up some inexpensive business style cards with your name, a photo, your situation (for example: “Longing to be parents through open adoption”), your website URL, and your contact information. Hand them out if you strike up a conversation with someone and this topic is mentioned and they seem interested.

· Use the internet and online social networks to spread the word that you are looking to adopt. Most people now use the internet as their primary way of gathering information. Endless possibilities including Facebook, Myspace, Twitter, YouTube, and parent profile type sites. See the Top Ten Tips for Using the Internet to Find Prospective Birth Mothers and our Do’s and Don’ts for Social Networking for Adoption.

· Print advertising is not dead. Post ads in rural shopping guides, Penny Pinchers, daily newspapers in college towns, give-away newspapers, etc. Get suggestions from your adoption agency or adoption attorney about what states you should focus on when advertising outside of your state.

· Place notices on bulletin boards where expectant moms may be. Keep in mind that many women consider adoption due to financial difficulties, so focus on places where poorer women may be, such as Laundromats, grocery stores, libraries, beauty parlors, and trailer parks. Always ask permission before posting.

What about using a facilitator? A facilitator is a non-licensed agency or individual that you pay a fee to for birth parent advertising. Payments to facilitators (non-licensed agencies) are illegal in many states and you may find yourself unable to finalize an adoption if you employ a facilitator. There are also higher rates of fall throughs for placements made through facilitators. This is because the birth parents have not received adequate in person counseling and are not truly prepared to make an adoption plan. For a longer discussion of this topic, see the NCFA article I co-authored, The Role of Facilitators in Adoptions, Adoption Advocate, Issue 70. https://www.adoptioncouncil.org/resources/adoption-advocate/2?

Drafted by Brittany Alness, staff member of the Law Offices of Karen S. Law, PLC.

Disclaimer

This blog and the information contained within have been prepared by Law Offices of Karen S. Law, PLC for informational purposes only and does not constitute legal advice. This information is not intended to create, nor does receipt of it constitute an attorney-client relationship. Viewers should not act upon information found here without seeking legal counsel. All photographs shown on this web-site are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2015