This section provides an overview of the intercountry adoption process. The process varies greatly, as it is governed by the laws of the countries where the adoptive parents and the child reside (which in the case of the United States means both federal and state law), and also in which of these locations the legal adoption is finalized. Additionally, if the child’s home country is a party to the Hague Adoption Convention, the Hague processes of both countries must be followed. Prospective adoptive parents should consider all of these factors when evaluating what to expect.
Adopting a child overseas can be very fulfilling, but the adoption and immigration processes can be frustrating if adoptive parents are not prepared to comply with Trinidad and Tobago adoption and U.S. immigration laws.
Immigrant visa petitions can only be approved and visas can only be issued for the child when the adoption is in full compliance with both countries’ statutory requirements.
The U.S. Immigration and Nationality Act (INA) is very explicit about adopted children eligible for an immigrant visa. For immigration purposes, the law differentiates between non-orphan and orphan adoptions.