International Adoptions

I graduated as a lawyer in Mexico and later as a lawyer in the United States. Being able to practice law in two countries has opened many doors for me to achieve that dream. One of the areas I specialize in is international adoptions.

Are you elegible?

I help American families who wish to adopt a Mexican child and through that adoption the child obtains American citizenship and also allows him or her to immigrate to the United States.

Impact of the Hague International Convention

On April 1st, 2008, the Hague Convention on International Adoption came into effect in the United States. The implementation of this international treaty in the United States had an impact on the area of ​​immigration law in the way children previously emigrated to the United States when they were adopted by American citizens. Currently, American families who wish to adopt a Mexican child must be aware of this treaty and everything that is involved in carrying out an international adoption with Mexico. The entry of this law was with the purpose of preventing child trafficking, which was a worldwide problem.

Details of the International Adoption Process

Due to the problems of child trafficking, the authorities of both countries strictly control that the process is carried out in accordance with the Convention and the laws of each country to the letter. At no time do they allow any of the requirements to be breached, considering the best interests of the minor. Something very important is that the service of an international adoption must be provided by a United States agency that is accredited by the United States government but also accredited by the Mexican government.

  • Socioeconomic study before an authorized agency in the USA (Agency).
  • File first package before the US Immigration Service (CIS).
    CIS adjudicates the application (wait for approval).
  • Adoptive Parents (AP) get their fingerprints taken.
  • AP receives approval from CIS. Agency prepares and sends the dossier to SRE who in turn sends it to the National DIF.
  • DIF receives the dossier and analyzes it in a committee.
  • DIF sends the dossier along with a certificate to the state DIF who evaluates the file.
  • If the adoption requirements are met, DIF issues a certificate (adoption report)
  • Article 16. A search for the minor is carried out (this stage is slow and priority is given to domestic adoptions).
  • DIF places PAs on a waiting list.
    Information about the minor is provided to PAs.
  • PAs have up to 2 weeks to accept the minor chosen by DIF.
  • PAs accept the minor.
  • PAs file the second package with CIS in the US.
  • CIS gives provisional approval of the second package which is sent to the American Consulate in Juarez.
  • PAs fill out the visa application (online DS-260 form).
  • PAs obtain the Adoption Visa at the nearest Mexican Consulate in the US.
  • PAs travel to Mexico and exchange adoption visa for visitor card for adoption purposes (at the Mexican Immigration Institute, takes about 2 weeks to obtain).
  • PAs travel to live with the minor (the amount of time they will have to be with the minor varies from State to State).
  • Consulate reviews and issues a certificate (indicating that US Immigration laws have been complied with) which is sent to DIF Article 5.
  • DIF issues another certificate (indicating that the adoption be done in a Mexican court)
  • Article 17. Full adoption process with PAs present, judge issues judgment and causes execution.
  • PAs obtain new birth certificate (where the adoption took place) and Mexican passport (at any passport office).
  • SRE issues a certificate (indicating that all adoption steps were completed). Article 23.
  • Minor goes to medical exam and fingerprint appointment (in DF).
    Interview at the Juarez Consulate.
  • Adoption Certificate is issued under the Treaty and visa is given.
    Minor travels to the U.S. where upon entry he/she obtains American citizenship.

Process and Complexities of International Adoptions

International adoptions are like a tennis match. The process begins in the United States, then continues in Mexico, then returns to the United States, and so on until it is completed. I have seen the ignorance of American lawyers specialized in domestic adoptions who ignore this treaty. It has also been very sad to see American families who have not achieved their objective due to ignorance of this treaty. International adoptions with Mexico are slow, complex, and expensive. Representing a family with a process like this requires extensive legal knowledge of both countries, but more than anything, how things have to be done in Mexico.

Requirements

Minor must be under 16 before filing first packet with CIS. PA (if single) must be at least 25 years old. If minor is not an orphan, biological parents must give up ALL rights and give permission to immigrate. At least one PA must be a US citizen and a Permanent Resident spouse. The PA who is an American citizen will have to travel to Mexico to complete the entire process. There must be no contact between biological parents, PAs, and adopted child (exception in adoptions between relatives). This process is unique and special. It requires a lot of discipline and persistence to be able to achieve the goal. An abandoned, abused or neglected child has the right to live in a loving family and raised by responsible parents and not by the authorities living in a shelter.

Talk to us about your Case

To find out more about our services or to schedule an appointment, please call us at the following numbers: