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BIA Holds Hague Convention Does Not Apply to LPR Petitioning for Adopted Child


In an unpublished decision, the BIA sustained the appeal and remanded, concluding that when a Lawful Permanent Resident (LPR) petitioner and a U.S. citizen spouse adopt a child together, they may choose either to pursue a Hague Convention adoption route or to pursue the Form 1-130 route through the LPR spouse. The BIA noted that the regulations do not require an LPR adoptive parent to pursue a Convention adoption, even if that LPR is married to a U.S. citizen.

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