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Change to INA Definition of Orphan - Sec. 101(b)(1)(f)(i)

January 29, 2014 (1 min read)

Karen S. Law writes: "The definition of “orphan” found in INA 101(b)(1)(f) has been changed in the Consolidated Appropriations Act, 2014.  In adoptions from non-Hague Convention partner countries, there is no longer a requirement that both parents travel prior to or during the adoption in order for their child to become a U.S. citizen.  This is an important advance for adopting families whose children will now receive certificates of citizenship instead of lawful permanent resident cards after their arrival home.  It also brings the definition of “orphan” closer to that used for Hague Convention partner countries.  The text of the legislation follows:

PREADOPTION VISITATION REQUIREMENT - 16 SEC. 7083. Section 101(b)(1)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(F)(i)) is 18 amended by striking ‘‘at least twenty-five years of age, 19 who personally saw and observed the child prior to or during the adoption proceedings;’’ and inserting ‘‘who is at 21 least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings;’’., page 1394, line 15.