National Judicial Network Webinar Series – Adoptions and Immigration Relief for Foreign-Born Children (2024)

Two Part Series – Special Immigrant Juvenile Classification and Adoption of Foreign-Born Children: An Overview for State Court Judges (September 12 & September 17, 2024)

U.S. Citizenship and Immigration Services (USCIS) will present on both Special Immigrant Juvenile (SIJ) classification and adoption of foreign-born children. In the first training of this two-part series, USCIS will present on SIJ classification, with a focus on the federal statutory requirements, USCIS’ role in reviewing petitions, and the role of state courts in this process. USCIS will also discuss recent policy updates and provide tips and tools for State court judges encountering these cases. 

In the second training of this series, USCIS will provide an overview of adoption based immigration, discuss other paths to lawful immigration status open to foreign-born children, and offer tips and tools for state court judges working with immigrant children for whom adoption is an option. Faculty will also discuss the adoption of children granted SIJS. Please note these webinars will NOT be recorded.

Getting it Right: Adoptions and Immigration Relief for Foreign-Born Children (January 23, 2024)

PowerPoint Presentation (January 23, 2024)

State court judges, attorneys, and victim advocates often encounter foreign-born children being adopted by family members, stepparents, or guardians in the U.S. Adoption alone does not ensure that the immigrant child will attain lawful immigration status. Representatives from U.S. Citizenship and Immigration Services (USCIS) will provide information on adoption of foreign-born children and immigration relief options to help ensure just outcomes and prevent unintended immigration consequences for adopted children. Foreign-born children in the U.S. who are adopted in a U.S. court may face immigration-related implications if required steps are not followed. When a U.S. citizen adopts a foreign-born child in the U.S. without properly considering requirements imposed by U.S. immigration laws and the Hague Adoption Convention (when applicable), this may delay, prevent, or complicate the child’s ability to obtain lawful U.S. immigration status or to become a U.S. citizen. Different rules apply depending on whether the child’s country of origin is or is not a Hague Convention country. U.S. citizens generally cannot bypass the requirements of the Hague Convention by identifying a foreign-born child from a Hague Convention country who is already in the U.S. and then completing an adoption in the U.S. State courts generally must not enter an order finalizing an adoption in a case subject to the Hague Convention unless the Department of State has certified compliance with the Convention procedures. USCIS panel members will provide an overview of adoption-based immigration, discuss other paths to legal immigration status open to foreign-born children including Special Immigrant Juvenile Status, and offer tips and tools for state court judges and attorneys working with immigrant children for whom adoption is an option that promotes the child’s healing, health and well-being. 

Adoption Resources

SIJS Resources

Published January 23, 2024