We frequently have to dispel the myth that if you are a U.S. citizen who adopts a child overseas, the child automatically becomes a U.S. citizen and they can just bring them to the U.S. Adoption by a U.S. citizen does not guarantee U.S. immigration status. You must go through a specific immigration process to bring your adoptive child to the U.S. Adopted children can obtain U.S. immigration status through either: (1) the Hague Process; (2) the Orphan Process; or (3) the Family-Based Petition Process. Each process has its own specific requirements. An adopted child may only immigrate to the U.S. if the adoption meets all the requirements of either the Hague Process, the Orphan Process, or the Family-Based Petition Process.  

What is the Hague Process?

The Hague Process was created by international treaty to provide important safeguards to protect the best interests of children, birth parents, and adoptive parents going through intercountry adoption. U.S. citizens who reside in the United States must generally adopt according to the Hague Process if the child resides in a country that is a party to the Hague Convention. 

• • What are the basic requirements to start the process?

The requirements you must meet: 

• You must be a U.S. citizen;
• You must reside in the U.S.; and
• If not married, you must be at least 24 years old when you file a Form I-800A, and at least 25 years old when you file a Form I-800; or
• If married, your spouse must have lawful immigration status in the U.S. if you live together in the U.S.; and 
• You and your spouse must go through the immigration and adoption process on behalf of an adopted child together. 

The child you wish to adopt must:

• Be under the age of 16 at the time of filing the Form I-800 (or under 18 if the sibling exception applies);
• Reside in a Hague country; and
• Be found eligible for intercountry adoption by the appropriate authority in the child’s country of residence and have obtained all the necessary consents for adoption. 

• • What is the process?
• Step 1: Choose an Adoption Service Provider

An accredited Adoption Service Provider (ASP) can answer specific questions related to your circumstances. You may also want to consider consulting an experienced immigration attorney as well. 

• Step 2: Obtain a Home Study

You will have to undergo a home study conducted by someone authorized to complete intercountry adoption home studies. The purpose of this home study is to assess your suitability to adopt.

• Step 3: File Form I-800A

You will file a Form I-800A with USCIS. This Form focuses on your suitability and eligibility as an adoptive parent(s) to adopt a child from a Hague Convention country. Each member of your household age 18 or older will need to be fingerprinted and subjected to extensive background and criminal checks.You must submit your home study with the Form I-800A unless your state of residence requires that they must first approve the home study and then forward it to USCIS. 

After the Form I-800A is approved and you are matched with a child for adoption, you are ready to begin the next step. In the Hague Process, you must always file the Form I-800A first and then file the Form I-800. If you do not submit filings in this order, your child may not be able to immigrate to the U.S. You may not accept any adoption placement before USCIS has approved the Form I-800A. 

• Step 4: File Form I-800

You may file Form I-800 only after USCIS approves the Form I-800A. Before adopting the child, you must file a Form I-800 with USCIS. The Form I-800 focuses on the child’s eligibility as a Hague Convention adoptee. If it appears that the child will qualify as a Hague Convention adoptee after being adopted abroad, USCIS will provisionally approve the Form I-800 and notify the U.S. Embassy or Consulate. The Embassy or Consulate will then communicate to the appropriate authorities in the child’s country of origin to let them know that the adoption may proceed. 

• Step 5: Completing the Adoption

You may not adopt or take legal custody of the child until you have an approved Form I-800A and a provisionally approved Form I-800, and the Department of State has notified the appropriate authorities in the child’s country of origin that the adoption or legal custody proceeding may proceed. You can travel abroad and complete the adoption or obtain legal custody to bring the child to the U.S. to complete the final adoption here. Regardless of whether or not you complete the adoption overseas or obtain legal custody, the U.S. Embassy or Consulate will issue the final approval of the Form I-800, the Hague Adoption or Custody Certificate, and the proper visa for the child to enter the United States.

• • What types of visas are issued and what are the  paths to U.S. citizenship?
• IH-3 Visa: IH-3 visas are for children who have had their adoption finalized prior to coming to the U.S. Generally, the adopted child will automatically become a U.S. citizen when admitted to the U.S. with an IH-3 immigrant visa, provided that the child will reside in the U.S. in your legal and physical custody before reaching the age of 18. If eligible, the child should automatically receive a Certificate of Citizenship in the mail. 
• IH-4 Visa: IH-4 visas are for children who are coming into the U.S. in order to be adopted. Generally, a child admitted with an IH-4 visa will acquire U.S. citizenship once the adoptive parent(s) complete the adoption in the U.S., provided that the child resides in the U.S. in the legal and physical custody of the adoptive parent(s) before reaching the age of 18. When the child is admitted to the U.S., the child will be mailed a Permanent Resident Card. You can apply for a Certificate of Citizenship as proof of citizenship for your child once the adoption is finalized. If the child is over 18 years of age when they are admitted to the U.S., or is otherwise not eligible for automatic U.S. citizenship, the child may apply for U.S. citizenship by filing an application for naturalization when they meet all other eligibility requirements. 

The Orphan Process

If the adopted child resides in a non-Hague country, you may file for adoption under the Orphan Process. U.S. immigration law defines an “orphan” as  a foreign born child who (1) does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents; or (2) has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption.

• What are the requirements for a U.S. citizen to adopt?
  • You must be a U.S. citizen;
    • If you are married, your spouse must also sign the Form I-600 and must also adopt the child;
    • If you are not married, you must be at least 25 years of age when you file the Form I-600;
  • You need to be able to prove you can provide proper care to the child;
  • You must establish the child you wish to adopt or have adopted is an orphan as defined above; and
  • You must show that you either:
    • You (and your spouse, if married) have adopted the child abroad;
    • You or your spouse personally saw and observed the child before or during the adoption proceedings;
      OR
    • You will adopt the child in the U.S. after the child arrives (please note that you must have permission to bring the child out of his/her own country and to the U.S. for adoption).

• What is the process?
  • Step 1: Filing Form I-600A 

Filing of the Form I-600A is optional; however, filing the Form I-600A can give you a head start on the intercountry adoption process. This Form focuses on your suitability and eligibility as an adoptive parent(s) to adopt a child. Each member of your household 18 years or older will need to be fingerprinted and subjected to extensive background and criminal checks. You must have a home study prepared by someone authorized to complete intercountry adoption home studies. The purpose of this home study is to assess your suitability to adopt.

• Step 2: Adopt or Obtain Legal Custody of the Child

You (and your spouse, if married) will need to adopt or obtain legal custody of the child in his/her country of residence. 

• Step 3: Filing Form I-600

After you have adopted the child, or been granted legal custody of the child, you will need to file Form I-600. For the Form I-600, you must submit evidence that you are working with a “primary provider” i.e. an accredited Adoption Service Provider (ASP)  authorized by the Department of State. You must generally file the Form I-600 before the child’s 16th birthday (or under 18 if the sibling exception applies). You typically cannot file a Form I-600 for a child who is already in the U.S.

After Form I-600 petition is approved and a favorable orphan determination is completed, you can apply for your child’s immigrant visa. If eligible, the Department of State will issue the proper visa to enable your child to travel to the United States.

• What are the types of visas issued and what are the paths to U.S. citizenship?
  • IR-3 Visa: IR-3 visas are issued where (1) at least one of the adoptive parents personally saw or observed the orphan before or during the adoption proceedings abroad and (2) the child was adopted abroad. Generally, your child will automatically become a U.S. citizen when admitted to the U.S. with an IR-3 visa, provided that the child will reside in the U.S. in your legal and physical custody before reaching the age of 18. 

• • IR-4 Visa: IR-4 visas are issued if: (1) neither parent has seen or observed the child before or during the adoption proceedings; (2) you will complete the final adoption in the United States; (3) only one parent of a married couple adopted the child; or (4) the child is admitted to the U.S. on or after their 18th birthday. When the child is admitted to the United States, the child will be mailed a Permanent Resident Card. Generally, a child admitted with an IR-4 visa will acquire U.S. citizenship once the adoptive parents complete the adoption in the U.S., provided that the child resides in the U.S. in the legal and physical custody of the adoptive parent(s) before reaching the age of 18. If the child is over 18 years of age when they are admitted to the U.S., or is otherwise not eligible for automatic U.S. citizenship, the child may apply for U.S. citizenship by filing an application for naturalization when they meet all other eligibility requirements. 

Family-Based Immigration Petition

• What are the requirements for filing an immigrant visa petition on behalf of an adopted child?

If you adopted a child, but did not go through the Hague Process or Orphan Process, the child may still be able to immigrate if you file Form I-130, Petition for Alien Relative, and you satisfy the following requirements before filing the Petition: 

• • The adoption was finalized before the child’s 16th birthday (or under 18 if the sibling exception applies); 
  • The child has been in your legal custody for at least 2 years, either before or after the adoption; and
  • The child has lived with you or your spouse (if you are married and the child was jointly adopted) for 2 years, either before or after the adoption. This generally means that you and the child shared the same principal home. You do not need to have lived together with the child for 2 continuous years. You may add up multiple periods of time to meet the 2-year requirement. Additionally, if both spouses of a married couple adopted the child, either parent can meet the 2-year joint residence requirement (but you cannot split the requirement between both parents).

Generally, if you adopt a child from a Hague Process country, you may not file a Form I-130, Petition for Alien Relative, if the Hague Convention applies to the adoption. 

• What is the process?
  • Step 1: Filing Form I-130

You must file a Form I-130 with USCIS to establish your parent-child relationship. Once Form I-130 is approved, you may apply for an immigrant visa or lawful permanent residence for your adopted child.

• • Step 2: Consular Processing or Adjustment of Status 

If your adopted child is already in the U.S., they may be eligible to file Form I-485 with USCIS in order to adjust their status to lawful permanent resident (i.e. green card holder). The child may be able to the file their Form I-485 concurrently with your Form I-130.

If your adopted child is living overseas, once USCIS approves your Form I-130 they will forward the case to the National Visa Center (NVC). You will then have to file a DS-260 application and submit supporting documents through the NVC website. The NVC will then schedule a visa interview at the U.S. Embassy or Consulate in the area in which your adopted child is residing. If the child’s visa is granted, the consular office will issue a visa and provide a “visa packet”, which your child will use to enter the U.S. Upon entry, your child will be a lawful permanent resident (i.e. green card holder).

• What types of visas are issued and what are the paths to U.S. citizenship?
  • IR-2 Visa: If you are a U.S. citizen and the Form I-130, the Department of State an IR-2 immigrant visa will be issued to your child. In general, if your adopted child is admitted to the U.S. with an IR-2 immigrant visa and is residing in the U.S. in your legal and physical custody before their 18th birthday, your child will automatically become a U.S. citizen. Your child will receive a Permanent Resident Card by mail and can then apply for a Certificate of Citizenship. However, if your adopted child did not automatically become a U.S. citizen (for example, because he/she was already 18 years old when he/she became an LPR), then your child may seek U.S. citizenship by filing an application for naturalization, when eligible.