Changes in Nicaragua's Adoption Process

***This is taken directly from the Department of State Website, below the link is provided for you***

https://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices/nicaragua16-07-08.html

"Alert: Changes in Nicaragua's Adoption Process

The Department of State recently met with the Government of Nicaragua.  Officials from the Nicaraguan government reported that no irregularities were found following their investigation of allegations about Nicaragua’s intercountry adoption process. 

Nicaraguan officials also announced changes to Nicaragua’s intercountry adoption process. Under Nicaraguan law a child is not eligible for intercountry adoption until a Nicaraguan court issues an abandonment decree. Nicaragua has in the past matched foreign prospective adoptive parents with children who had not yet received an abandonment decree, and allowed such prospective adoptive parents to foster children while the abandonment decree was pending. From now on, Nicaragua will no longer allow foreign prospective adoptive parents to foster children before a abandonment decree has been issued.   

Prospective adoptive families should continue to work with their adoption service providers and local attorneys, and continue to monitorwww.travel.state.gov for updated information on adoption in Nicaragua."

Adopting an older child Part 2

One of our clients, "Mark”, graciously took the time to talk to us and tell us about his and his wife's journey of fostering and adopting older children.  Over the span of 30 years, this inspiring couple has adopted five older children.  I asked, "How did you get involved with becoming foster parents"? As newlyweds, Mark and his wife became aware of foster care children that attended their church. They came to know these children individually.  They saw that so many children are waiting in the foster care system to be adopted, so they decided that that was how they were going to grow their family.

Mark expressed that it's hard when children have had several transitions throughout their childhood.  Going from home to home and family to family is traumatizing.  Ultimately, when fostering a child, you want to limit their transitions.  People may think it's more difficult to parent an older child, but the reality is that parenting, in general, is hard.  You have to be willing to learn, to not hold rigid expectations and to overall be open to helping your child adjust to his unique challenges.  Every child comes with a back story of how he got into foster care. He's been hurt, he is dealing with emotions, and he might not trust adults because of his past.

However, at the end of the day, assisting a child with these challenges can be very rewarding. Mark talked about how exciting it was to see the change in emotions and to watch the child grow and overcome his personal battles.  As he overcomes his struggles, he starts to thrive.  His individual skills and talents start to come out and the rest of the world gets to see how special he is.  He might have had a rough start but he now has healthy thriving relationships. Our client believes that, "Every child deserves to be cherished and to have a family that loves them".

Is this type of parenting something you would consider?  You can begin to explore foster care parenting through your local Department of Family Services.  Additionally, many private agencies have "waiting child" programs, where children who are in the foster care system are matched with pre-screened families.  You might attend an information session to learn more from either the local Department of Family Services or the private adoption agency.  Some of my biggest heroes in the adoption community are the foster care parents that I have assisted.  There are people like Mark and his family who love children and are willing to invest in their lives.

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 blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2016

Adopting an older child

Although many people feel best equipped to parent a newborn, adding an older child to your family can be a source of great joy. A recent article written by Dawn Davenport featured on the site Creating a Family, describes a few of the many benefits of adopting an older child.

As a potential family for an older adopted, an important aspect is understanding your child's prior life. When kids reach the age of about 8-10 years, they are able to communicate their life story.  This helps you have a better understanding of what they have gone through. Being able to communicate also helps out in counseling because they can be fully involved in the sessions. It's also easier for them to do things your family enjoys- At an older age children are discovering what they like and dislike. Your child may not like everything you like, but there will be something you can find that you can both do together. Older children are more self- sufficient and are able to do things on their own.  They can get themselves ready in the morning and at night. They, of course, will still need you there for them but they are a little more independent.  You can have "real" conversations with your child.  They will have a greater understanding of what is happening in their lives and the ability to articulate that. an older child has more formed thoughts and opinions and it can be such an exciting thing to share with each other.  They can also express how they are feeling so you can help them work through past trauma.

We are grateful that Christi Carmouze, a social worker from the Loudoun County Foster Care and Adoption Department of Family Services, took the time to let us interview her. Christi's specific responsibilities are to educate potential individuals in what foster care is and what the agency does. She expresses that the ultimate goal/mission may be to return the child back to their biological family,  if that can be accomplished safely.  But, that if it cannot, the foster parent may ultimately be found to be the best resource for the child in terms of adoption. She was very open about what takes place and what is expected of the foster parents while fostering a child and what happens if the foster parents end up adopting the child.

Christi talked with us concerning what's involved when a foster parent completes the training and the rigorous home study process.  A foster family gets placed onto the DFS roster, then, once a child needs home, families on the roster is reviewed to see if they could provide that home. The family is then contacted and is told the information about the child. They then have a quick time period to talk it over with the rest of the household and to make a decision if this is a child they will be able to provide care for.  After the decision has been made, the child is typically placed in the home that same day or the next day. There are some situations; however, where it could be a few weeks until the child enters the foster home.

Heather Crittenden also spoke with us.  She is from the Loudoun County Foster Care and Adoption Department of Family Services, and serves as the Adoption Assistance Worker and the ICPC worker.  She also manages adoption cases in the agency and does interstate compact placements, where a child is moved from a different state into Loudoun County.  We asked her about the biggest changes once the foster care parents become the adoptive parents.  She expressed that the agency is no longer responsible, they can be there for support but everything is now on the new parents.  When adopting an older child, the child gets a say once they are 14 years of age on if they want to be adopted by a specific family which could be difficult if the biological family is still involved.  A family must be open to waiting for the older child to make their decision and be open to having the biological family involved if they are still around and if that's what the child would like.

There are still "firsts" to be had with an older child, not everything happens when a child is a baby. We asked Heather what’s one of the most important things we can pass on to all of you; "No Story is the same; each child has a different story and a different opportunity.  If you are willing to commit and take the journey the reward is far more rewarding than you could imagine".

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 blog are depictions of clients and are not actual clients of this law firm. Copyright Karen S. Law, 2016

CIS Filing Fee Increase for N-600 Unfairly Hurts International Adoption Community

In early May, USCIS, (United States Citizenship and Immigration Services), proposed to raise the majority of its filing fees. This is a big problem for parents of international adopted children:

USCIS Filing Fee Increase and the Impact on Adoptive Parents

                                                       

                                                               Current Fee     Proposed Fee    Increase

                                                                                                                                   

1. Orphan Cases                                      $720                       $775               8%

I600A/I600                                                                                                                

2. Hague Cases                                         $720                      $775                8%

I800A/I800                                                                                                                

3. Adoptive Child Overseas                      $420                      $535                27%

I-130                                                                                                              

4. Adoptive Child residing in the US        $1,405                   $1,675             19%

I-130/I485                                                                                                                              

5. Citizenship Application                         $600                      $1,170             95%

N-600/N600K                                                                                                                        

6. Replacement Certificate of Citizenship $345                      $555                61%

N-565

While USCIS is a fee based agency and an increase in some of its fees may be warranted, the percentage increase for the forms that most affect international adoptive parents, the N-600 and N-600K, is disproportionately high. The increase is almost 95%, which is an unfair burden on these adoptive parents. Intercountry adoption processes are already long and emotionally challenging.  Adding to the costs would serve as a possible deterrent to prospective parents and an impediment to needy children finding a permanent family. 

Further, many families who did not complete their adoptions overseas, subsequently have completed the re-adoption or finalization process in the U.S. prior to the child's 18th birthday.  This means that their children became U.S. citizens under the Child Citizenship Act of 2000.  However, they do not have proof of their child's status because they never filed for a Certificate of Citizenship, using the Form N-600.  So, the filing fee increase not only will negatively impact future adoptions, but it unfairly impacts children who are already U.S. citizens but whose parents have just never filed the appropriate form.

For those families, I urge them to file the  N-600 for their adopted child now before the increase becomes effective. Also, I encourage the adoption community as a whole to express its opinion about this increase as USCIS is allowing public comments about the fee increase until July 5, 2016.

 Send your comments here: 

You may submit comments, identified by DHS Docket No. USCIS-

2016-0001, by one of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow this site's instructions for submitting comments.

     Email: You may email comments directly to USCIS at 

uscisfrcomment@dhs.gov. Include DHS Docket No. USCIS-2016-0001 in the 

Subject line of the message.

     Mail: You may submit comments directly to USCIS by mailing 

them to Samantha Deshommes, Acting Chief, Regulatory Coordination 

Division, Office of Policy and Strategy, U.S. Citizenship and 

Immigration Services, Department of Homeland Security, 20 Massachusetts 

Avenue NW., Washington, DC 20529-2020. To ensure proper handling, 

please reference DHS Docket No. USCIS-2016-0001 on your correspondence. 

This mailing address may be used for paper or CD-ROM submissions.

     Hand Delivery/Courier: You may submit comments directly to 

USCIS by having them delivered to Samantha Deshommes, Acting Chief, 

Regulatory Coordination Division, Office of Policy and Strategy, U.S. 

Citizenship and Immigration Services, Department of Homeland Security, 

20 Massachusetts Avenue NW., Washington, DC 20529-2020. The contact 

telephone number is (202) 272-8377.

Hopefully, if enough people express their dissatisfaction with the filing fee increase for the N-600, USCIS might consider a smaller filing fee increase or no increase at all.

Drafted by Karen S. Law, Esquire with assistance from intern Amanda Wong

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

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

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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

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

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

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

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