Xin con nuôi??? Tôi có một người bạn Mỹ muốn xin con nuôi VN, các bạn có biết cầb phải làm những thủ tục gì, hay cần liên hệ với những cơ quan nào tại Mỹ xin chỉ giúp Nebman-is now or never...
Vụ này chắc bác phải gửi lên một số cơ quan cấp nhà nước. Đại loại như "Trả lời thư bạn đọc" của ĐTH VN (VTV). Em nghe nói là người muốn nhận con nuôi thì phải chứng minh được các điều kiện kinh tế, gia đình.... Và hàng ....(x tháng hay năm em không nhớ rõ) phải thông báo đều đều về tình hình của đứa bé cho các cơ quan chức năng hoặc (bố) mẹ đẻ.
Ban co the in va đua cho ban ay xem thu sau The State Department and the Immigration and Naturalization Service (INS) process immigrant visa cases in conjunction. The INS handles the petition processing, and the State Department interviews the applicant (in the case of a young child, the parents) to evaluate whether it can issue the applicant an immigrant visa for entry to the United States. There are two types of immigrant visas available for children who have been adopted overseas by American parents who are resident in the United States: one type is as an orphan, and the other is as a child. We recommend you read the information on the INS website regarding international adoptions at www.ins.usdoj.gov/graphics/services/index2.htm to familiarize yourself with the petitioning and visa-granting process. In order to be considered an orphan or a child for immigration purposes, the child must have been adopted before s/he turned 16 years old. There are three general categories of orphan adoption cases: (a) where the child was abandoned after birth, and the parent(s) cannot be found, (b) where the child was relinquished to an orphanage, and custody over the child was irrevocably released in writing by the parent(s), and (c) where the parent(s) relinquish custody of the child directly to a family that wishes to adopt the child, also called a "direct" adoption. Adoptions within families cause many problems in regards to the U.S. Immigration and Nationality Act (INA), which governs all immigration, for both the INS and the State Department. The two fundamental problems are (a) whether the person who wishes to relinquish custody of the child actually has legal custody over the child, and (b) whether the child meets the definition of an orphan under the INA, which is required to permit an adoption to take place. The INS website (above) has a special section on intra-familial adoptions (see "VII. Difficult Issues in Orphan Cases") that can explain in greater detail the importance of relinquishment of custody and orphan status for the child. A child is only "an orphan" if (a) the sole or surviving parent is unable to care for the child properly according to the standards of the country where the parent and child reside and has, in writing, irrevocably released the child for emigration and adoption, or (b) if the child has been abandoned or deserted by, separated or lost from, both parents, or (c) if both parents have disappeared or died. Therefore, important questions that would need to be answered in your case are (a) whether the child's mother still has custody over her child, or if she has relinquished custody of the child to the monastery or to another state-approved child care facility, (b) whether the child's mother can documentarily establish beyond any doubt that she is no longer capable of caring for the child properly according to local standards. In Vietnam, the INS now has a policy whereby it must conduct a site investigation of all direct adoptions. If your niece is found not to be "an orphan" according to the INA she is not eligible for an orphan visa. You may still adopt your niece under Vietnamese law, but then if you wish to obtain an immigrant visa for her to bring her to the United States you must be able to demonstrate that she is your "child," under the INA, and prove beyond any doubt with documentary evidence that (a) you adopted her in conformity with Vietnamese law (b) you lived with her for two years, and (c) when you were living with her, you had sole physical custody over her. Often, if family members (such as you and your sister) are co-habiting and an intra-family adoption takes place the "sole physical custody" requirement can be difficult to prove. As intra-familial adoptions raise many legal issues and are rarely approved, you may wish to seek legal counsel in the United States to assist you in determining whether your neice is eligible for an orphan visa and to help you go through the petition process. You may also want to consider hiring a good facilitator in Vietnam who can help you to sort out the issues with Vietnamese law on adoption so that the adoption process can go smoothly for you here. If you choose not to go with a facilitator, you should consider finding counsel in Vietnam who can help you sort through the paperwork required for an adoption to be approved by the Vietnamese Government. For legal reasons the U.S. Government cannot give out advice regarding any specific service provider in Vietnam (whether lawyer, doctor, hospital, or adoption facilitator) unless that individual or group is under suspicion of, or has been convicted of committing a crime under Vietnamese or U.S. law. We are only able to offer a range of service providers that are here, and suggest that the inquirer investigate fully which service provider has the best record. Non-exhaustive lists of some adoption facilitators and some attorneys in Vietnam are attached herewith: If you decide to investigate a suitable facilitator, we recommend that you seek the course of an enlightened consumer. For example, you might want to ask very direct and pointed questions of the facilitator you intend to use about its track record in Vietnam with the INS, and exactly how it intends to carry out your planned adoption. You might also ask to speak to families who have used the provider's services in the past. We also recommend you visit our website to find out more about the adoption process in Vietnam, at http://usembassy.state.gov/uscongenhcmc/wwwhadop.html. As you may be aware, the Vietnamese Government recently passed a new law regarding adoptions (and many other matters). According to the new law, countries whose nationals would like to adopt in Vietnam will have to sign a new bilateral treaty on adoption with Vietnam. Since the United States already signed the multilateral Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (1993), and our standing policy is to not sign a new bilateral treaty when a multilateral treaty on the same area is already in effect, once the new law has gone into effect Americans will not be eligible to adopt in Vietnam until an understanding has been reached with the Government of Vietnam on the treaty issue. We expect this law will go into effect on January 2, 2003. The U.S. Government is conducting ongoing negotiations with the Government of Vietnam on this issue. As soon as we come to an arrangement with the Vietnamese Government, we will post new information on our website regarding the implementation of the law and the status of American adoptions in Vietnam. We hope this information has been useful to you. Please do not hesitate to contact us in the future if you have further questions. Sincerely, Info Unit Staff Consular Section U.S. Consulate General Ho Chi Minh City Please do not hesitate to contact us in the future if you have further questions. Sincerely, Info Unit Staff Consular Section U.S. Consulate General Ho Chi Minh City
