What You Should Know
Adoption in Pakistan has long operated in a cultural and legal gray area: informal, private, and often driven by noble intentions. But beneath the surface, there’s a quieter, more troubling reality: adoption trafficking. As desperate families seek children and others seek to “give away” children, a lack of regulation creates a perfect storm for exploitation.
Adoption trafficking in Pakistan is a growing crisis, one that carries serious consequences for U.S. immigration. The lack of regulation and legal framework has opened the door to exploitation, misrepresentation, and long-term immigration nightmares for the children involved.
At Qazi Law, we’ve seen firsthand how these stories become complex legal battles. Children born in Pakistan and brought to the U.S. as part of an informal or misrepresented adoption arrangement often face long-term legal complications, or worse, deportation.
What Is Adoption Trafficking?
Adoption trafficking occurs when a child is moved, sold, or adopted through illegal or coercive means, often bypassing legal safeguards. In Pakistan, where there is no formal adoption law, “adoption” is frequently handled through guardianship, religious institutions, or private arrangements. While many are motivated by love, others involve financial incentives, falsified documents, or children being taken without proper parental consent.
The result? Children are sent abroad under false pretenses, and U.S. immigration law does not look the other way.
Why This Becomes an Immigration Issue
U.S. immigration law is strict when it comes to adoption. Most people don’t realize that a child cannot just be “adopted” abroad and then brought to the U.S. unless very specific legal conditions are met.
Common Immigration Hurdles:
- The Hague Convention Doesn’t Apply to Pakistan
Pakistan is not a signatory to the Hague Adoption Convention. This means that U.S. citizens seeking to adopt from Pakistan must follow non-Hague immigration procedures (I-600 and I-600A process), which still require strict documentation and proof that no trafficking or coercion occurred.
- Guardianship ≠ Adoption
Many Pakistani children are brought to the U.S. under a guardianship order, not a legal adoption. U.S. immigration does not consider guardianship to be sufficient for granting a green card or citizenship. These children may enter on temporary visas but find themselves undocumented or without a path to adjust status later.
- Misrepresentation & Visa Fraud
Some families, desperate to bring their adopted child to the U.S., unknowingly submit false birth certificates or claim biological parentage to secure a visa. While intentions may be loving, this constitutes fraud in the eyes of U.S. immigration and can result in denial, permanent bars, or removal proceedings for the child.
- Lack of Paper Trail
In many cases, there is no official record of the adoption, or if there is, it’s inconsistent with the child’s actual identity or biological background. This makes it nearly impossible to prove “orphan status” or proper legal transfer of custody, both of which are required under U.S. law.
Real-World Consequences
At Qazi Law, we’ve worked with young adults who grew up believing they were adopted, only to learn in their 20s that they are undocumented, without a clear path to legalization. Some were raised by U.S. citizens who assumed their guardianship was permanent. Others were separated from biological siblings or coerced into adoption arrangements involving money or falsified records.
This is not just a legal problem. It’s a humanitarian crisis in slow motion.
What Can Be Done?
For Families Considering Adoption from Pakistan:
- Always consult an experienced immigration attorney before initiating any guardianship or adoption abroad.
- Follow the proper I-600 process and be prepared to document the child’s abandonment status or parental consent.
- Avoid shortcuts. Misrepresentation can lead to a lifetime of immigration consequences.
For Pakistani-born Individuals in the U.S. with Adoption Concerns:
- If you were brought to the U.S. through a questionable or informal adoption, you may qualify for:
- Special Immigrant Juvenile Status (SIJS)
- Deferred Action for Childhood Arrivals (DACA)
- T or U Visas if trafficking or coercion occurred
- Request a FOIA (Freedom of Information Act request) to review your immigration history and entry documents.
- Seek legal help to explore paths to legalization or adjustment of status.
The Bottom Line
Adoption should be a blessing, not a burden. But when it’s done without oversight or outside the legal system, the consequences can be lifelong, especially under U.S. immigration law.
We need better international oversight. But until then, families must protect themselves and their adopted children by getting informed, staying legal, and speaking up.
At Qazi Law, we’re here to help you navigate these sensitive and complex cases with compassion, discretion, and a fierce commitment to justice.
Need Help?
If you or someone you love is struggling with an adoption-based immigration case, you can call us at 630-504-0648. You may also schedule a confidential consultation with Attorney Farrah. We specialize in humanitarian immigration and are deeply familiar with the cultural and legal issues involved in South Asian guardianship and adoption.
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