Adoption & Immigration
Just as we discussed before, people adopting a child must hope they can form a family and live together. Especially for intercountry adoption, it is a serious question for the adoptive parent since they have to help the newly adopted child cross the border and then live with them.
Generally speaking, there are mainly 3 ways by which the adoptive can file the adopted child’s immigration petition to US:
- Hague Convention Petition
- Orphan Petition
- I-130 petition
Hague Convention applies if the adoptive U.S. Citizen parent chooses to adopt from a country that is also party to the Convention. In a Convention adoption, U.S. parents are unable to choose a particular child since the potential adoptees are provided by the central authorities of that country. What’s more, the adoptive parents cannot contact with biological parents, orphanage or legal custodian of the intended adoptee. However, the child will gain the US citizenship once the adoption is completed. Moreover, there is exception by which US Citizen parent can opt-out of the Hague Convention and proceed to an I-130 petition. Please click here for more details.
It applies to the immigration for the child adopted from a non-Hague Convention and also qualifies as an orphan defined in US law. Please click here for more details.
Under several circumstances, adoptive parent can file I-130 F2A petition for the adopted child. I-130 petition is obviously different from the other two adoption processes because it requires adoptive parents have a two-year legal custody of the child as well as a two-year joint residency with the adoptee before applying for the immigration benefits for the her, and it applies to US permanent resident. Please click here for more details.
Please be noted again that The Hague Convention petition and Orphan petition will only apply to the US citizen adoptive parent. Qualified certain criteria, either US citizen or US permanent resident can file I-130 petition for the adopted child.
The following table will give you general idea about these immigration processes for the adopted child.
| I-130 Petition | Orphan Petition | Convention Adoption | |
INA Definition |
INA $101(b)(1)(E) |
INA $101(b)(1)(F) |
INA $101(b)(1)(G) |
Forms |
I-130 |
I-600A optional |
I-800A and I-800 |
Cut-off age for child |
Child must be under 16 at time of adoption, or under 18 if sibling under 16. |
Child must be under 16 at time of filing, or under 18 if sibling under 16. |
Child must be under 16 at time of filing. |
Must the child be an orphan? |
No, the child’s birth parents may still be alive and able to care for the child if they consent to the termination of their parental rights toward the child. |
Yes, “orphan” is defined as a child who has suffered the “death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption” |
No, the child’s birth parents may still be alive, although they must be incapable of providing care and must give consent to the termination of their parental rights toward the child and to the emigration of the child. |
U.S. citizenship of petitioner? |
Not necessarily: a legal permanent resident may petition for the adopted child. |
Yes, the petitioner must be a U.S. citizen, and the spouse must be in lawful permanent status. |
Yes, the petitioner must be a U.S. citizen, and the spouse must be in lawful permanent status. |
Can a single parent adopt? |
Yes. |
Yes, must be 25 years old or older. |
Yes, must be 25 years old or older. |
24 months legal custody of the child? |
Required. |
Not required. |
Not required. |
24 months joint residency with the child? |
Required. |
Not required. |
Not required. |
Entry without inspection of the child. |
Possible. |
Not possible. |
Not possible. |
Contact with biological parents, orphanage or legal custodian and adopted parents prior to the adoption. |
Possible. |
Possible. |
Prohibited. |
Involvement of the Central Authority |
Not applicable. |
Not applicable. |
Required. |
For more detailed information about Adoption, please visit on one of the following relevant links:
