Frequently Asked Questions and Answers about Adoption and Immigration

• Q: What is USCIS?

A: USCIS stands for U.S. Citizenship and Immigration Services. It is the agency of the U.S. government principally responsible in matters dealing with aliens in the United States. This includes jurisdiction over most matters discussed below. Prior to March of 2003, the USCIS was called the Immigration and Naturalization Service (INS). For a brief period of time, it was known as the Bureau of Citizenship and Immigration Services (BCIS). It is also sometimes just referred to as the CIS. For purposes of this web site, we use the current accepted name of U.S. Citizenship and Immigration Services or USCIS.

A: Our attorneys handle our clients' cases individually by preparing petition letters, contacting clients, and following up on pending cases. That is why we have more attorneys than clerks. Our law clerks' main objective is to help attorneys prepare clients' packages, and each client's package will be reviewed by one of our most experienced attorneys for final checking before it is sent out to the USCIS.

A: The requirements for the immigration petition for your adopted child are:

A: No. According to U.S. immigration law, the adoption must be finalized before the adopted child's 16th birthday.

A: No. You may petition for the immigration of this adopted child after you have had custody over the child for two years and have resided with the child for two years. Until then, the child should be able to stay with you in the US in non-immigrant B-2 status.

A: Since you haven't lived with your adopted child for two years, this child cannot obtain a dependent visa based on his relationship with you. However, he may try to apply for a B-2 visa.

A: Yes. The 17-year-old brother is qualified as an adopted sibling. He can be adopted if he is under the age of 18 and is the sibling of the adopted girl.

A: Yes, you have to live with her for two years and have custody over her for two years before petitioning for her immigration.

A: You should file the applications with the USCIS Regional Service Center that serves the area where you live. You can find the location of these USCIS Service Centers in the “USCIS Offices” chapter of our online library.

A: No. The two years residence and custody requirements also apply to U.S. citizens, except in the case of orphan adoption.

A: You need to file an immigration petition and request that the USCIS notify a U.S. Consulate in the country where the child lives. Once the immigration petition is approved, the National Visa Center of the U.S. State Department sends "Packet 3" to you. After the necessary forms are completed, your daughter has to go to the U.S. Consulate overseas to apply for an immigrant visa. If approved, she becomes a U.S. permanent resident on the day that she enters the United States on an immigrant visa.

A: No, you cannot because he was over 16 when he was adopted. Even if this adoption is valid in his country, U.S. immigration laws do not allow you to confer immigration benefits to him based on this adoption.

A: Yes, you may. You need to file an immigration petition and request that the USCIS notify a U.S. Consulate in the country where the child lives. Once the immigration petition is approved and an immigrant visa is available, the National Visa Center of the U.S. State Department sends "Packet 3" to you. After the necessary forms are completed, this child can go to the U.S. Consulate to apply for an immigrant visa. On the day that he enters the United States on an immigrant visa, he becomes a U.S. permanent resident.

A: Yes, you may. You may file an immigration petition (I-130) for her. However, she has to wait for her immigrant visa number to become current before she may apply to adjust to permanent resident status(I-485). During this waiting period, she must independently maintain F-1 status or other valid nonimmigrant status.

A: Yes, if the child is now under the age of 18. You may file a Form N-643 (Request for Certificate of Citizenship on Behalf of Adopted Child) on behalf of the child. If the child is over 18, he has to apply for naturalization on his own behalf.

A: Yes. She may be included in your naturalization petition as a derivative beneficiary by filing Form N-400.

A: No, You may not enjoy immigration benefits from your son based on a benefit that he derived from an adoption, even if there is now a legitimate parent-child relationship between you.

A: Yes, you may, because no immigration benefits were obtained or conferred through the adoptive relationship to your daughter. Now, she can confer immigration benefits to you.

A: No. Orphan adoptions by U.S. citizens are exempt from the two-year residence and legal custody requirement for immigration. However, such adoptions must be considered full and final for U.S. immigration purposes.

A: Yes, you have to live with her for two years and have custody over her for two years before petitioning for her immigration.

A: A married U.S. citizen and his or her spouse (no special age required) may file a petition for the adoption of an orphan. The spouse does not need to be a U.S. citizen; however, the spouse must legally live in the United States. Also, an unmarried U.S. citizen at the age of at least 25 may file an orphan petition.

A: Yes. To bring the adopted orphan into the U.S. quickly, the eligible U.S. citizen may apply for advance processing (form I-600A) before he actually finds an orphan to adopt.

A: Before the applicant identifies a foreign orphan to adopt, he may file a Form I-600A (Application for Advance Processing of Orphan Petition), which allows the USCIS to first process the application that relates to the applicant's suitability as a parent and ability to provide a proper home for the child. Then, once an orphan is identified, the applicant must file a Form I-600 (Petition to Classify Orphan as an Immediate Relative) on behalf of the adopted child.

A: You should prepare the following documents for filing Form I-600A

A: Yes, you may, if you are at least 24 years old and will be at least 25 when an orphan petition is filed on behalf of the child.

A:  If you have not filed I-600A, the documents you should prepare for I-600 are:

If you already filed an I-600A or I-600A has been approved during the past 18 months, you may only need to submit from e through k, plus the pending I-600A receipt notice or an approval notice for I-600A.

A: You should file the applications with the USCIS Regional Service Center that serves the area where you live. You can find the location of these USCIS Service Centers in the “USCIS Offices” chapter of our online library.

A: You should file your request for advance processing and/or orphan petition at the nearest American embassy or consulate designated to act on the petition. Before submitting your forms, you should check with the embassy or consulate to verify that they accept advance processing requests and/or orphan petitions.

A: Once advance processing has been approved, you may file your orphan petition at any US embassy or consulate abroad or at the service center that serves the area where you live

A: Yes. An orphan petition, form I-600, can be filed while an advance processing request is still pending. You must file the orphan petition at the same location as form I-600A. No additional filing fee is necessary

A: The filing fee for an advance processing request is $670. In addition, there is a $80 fee for fingerprinting for each adult, age 18 and over, living in the household.

A: The filing fee for an advance processing request is $670. In addition, there is a $80 fee for fingerprinting for each adult, age 18 and over, living in the household.

A: No. You will not be required to pay a fee when you file your orphan petition if form I-600A was approved within the last 18 months.

A: Yes, unless you requested an extension. You will be required to pay a filing fee for an orphan petition if you do not file form I-600 within 18 months of the date of approval of your advance processing request or do not request an extension. 

A: Yes. You must submit a written request to the same USCIS office where you submitted your application before the expiration date of your form I-600A approval. You will be allowed to make only one request for an extension. You will not be required to submit any filing fees for your request.

A: No. Requests made to USCIS for extensions on form I-600A approval cannot be received earlier than 90 days prior to the expiration date of advance processing approval.

A: No. Any requests for extension of the form I-600A approval period must be received by USCIS before the end of the original approval period.

A: No. The two years residence and custody requirements also apply to U.S. citizens, except in the case of orphan adoption.

A: The home study must include the following areas:

A: Home studies vary in cost from several hundred to thousands of dollars. If you are adopting through an adoption agency within your state, the cost of the home study is typically covered in adoption agency fees.

A: The home study must be completed by an individual or agency licensed in your state of residence.

A: The home study must be completed by an individual or agency that is licensed or otherwise authorized to prepare home study reports under the laws in your country of residence.

A: An IR-3 Visa is the Visa issued to an adopted orphan when the child has been adopted abroad and the adoption is considered full and complete for U.S. immigration purposes. To receive this Visa, the orphan’s adoptive parents must provide proof of a finalized adoption and proof that the they physically saw the child prior to or during the adoption process. This visa is valid for 180 days

A: In order for an adopted orphan to receive an IR-3 Visa, the immigration officer must be satisfied that the foreign adoption is valid for U.S. immigration purposes. A foreign adoption is considered valid when it is final in the country where the adoption took place and when both parents are able to prove that they  have physically seen the child prior to or during the adoption process.

A: An IR-4 Visa is the type of Visa issued to orphans who will be adopted or readopted in the United States by the applicant who filed the orphan petition. In order to obtain an IR-4 Visa, the prospective parents of the orphan or their agents must have legal custody of the child for emigration. They must also provide evidence that they intend to adopt the child in the U.S. and that all the preadoption requirements for the child’s home state have been fulfilled. This Visa is valid for 180 days.

A:  An orphan will receive an IR-4 Visa in the following situations:

Q: What is the difference in legal consequence between IR-3 and IR-4?

A: Because of the Child Citizenship Act, adopted orphans are eligible for automatic citizenship. The steps to receiving citizenship are different for orphans who receive IR-3 Visas and those who receive IR-4 Visas. However, in both situations the orphan must be fully adopted under U.S. immigration standards before his/her 18th birthday/

For orphans issued an IR-3 visa:
Adopted orphans under the age of 18 who are admitted with valid IR-3 visas automatically receive US Citizenship based on the date of entry into the US. The USCIS will review IR-3 packets and automatically send Certificates of Citizenship to approved orphans parents. No additional fees or paperwork are required.

For orphans issued an IR-4 visa:
Adopted orphans who receive admission based on a valid IR-4 visa will become legal permanent residents and receive a green card upon entry to the US. The orphan will receive automatic citizenship once a full and final adoption is completed in the US. In order to receive automatic citizenship, the adoption must occur before the child has reached 18 years of age. Proof of citizenship may be attained by filing the N-600 form and necessary fees with a USCIS office.

A: Yes. Because of the Child Citizenship Act, your child will automatically receive U.S. citizenship based on the date of her entry into the U.S. You will not need to submit any additional fees or paperwork. The USCIS will automatically send your child a Certificate of Citizenship once the review and approve the child’s IR-3 packet.

A: No. The Child Citizenship Act requires that the adopted orphan is less than 18 years of age when he enters the U.S. in order to receive automatic citizenship.

A: Your child is a legal permanent resident (green card holder). She will not become a U.S. Citizen unless she is fully adopted within your state before her 18th birthday.

A: Yes. As long as your adoption is full and final within your state of residence, your adopted orphan automatically becomes a U.S. Citizen from the date of the adoption. You will not automatically receive proof of citizenship. Your son will need to file N-600 and other documents and fees to request proof.

A: No. Orphans admitted with valid IR-4 visas must be adopted prior to their 18th birthday in order to receive automatic citizenship.

A: No. The China Center for Adoption Affairs (CCAA) has certain guidelines for foreigners who wish to adopt. For example, adoption is limited to married couples, made up of one man and one woman, both of whom must be between the ages of 30 and 50. Each country’s adoption requirements and procedure vary.

A: A Convention country, also called a “Hague Country,” is a country that is a party to the Hague Convention on Intercountry Adoption and where the convention has entered into force. A list of Hague countries can be found on the Department of State website.

A: No. USCIS may decide to suspend the processing of adoptions from certain Hague countries. In these situations, Form I-800 will not be approved.

A: Any agency or individual that provides assistance on a Hague Adoption case must be accredited, temporarily accredited, or supervised or exempted provider. If an adoption service provider is accredited it means the agency or individual is in compliance with the standards established by the Convention and the IAA. In the US, adoption service providers must be accredited by the Council on Accreditation or the Colorado Department Human Services. Temporary accreditation is given to smaller adoption agencies for one or two years during which time the agency must attain full accreditation or work only as an exempted provider. A list of accredited providers can be found on the Department of State website.

A: A supervised provider is an individual or agency that provides adoption services in a Convention adoption under the supervision of an accredited or temporarily accredited agency.

A:  An exempted provider is an individual or agency that conducts a home study or a prepares a child’s background report during a Convention adoption case but has not provided any other adoption service.

A: The US Department of State website lists those adoption agencies that have been approved to work on Hague adoption cases. For the complete list, please follow the link to the Department of State website: http://www.travel.state.gov/family/adoption/convention/convention_4169.html.

A: There is a very limited exception in the IAA that allows applicants to perform adoption services on their own without an accredited adoption service provider. However, because adoption service providers must be accredited or supervised by an accredited agency, they will be able to assist you in understanding the complexities of a Convention adoption. Further, certain Convention countries do not allow prospective adoptive parents to act on their own behalf.

A:  No. Each Hague country can determine which adoption service providers can perform adoption services in its country.

A: No. The Hague Convention adoption process can apply only to adoption of qualifying children who reside in a Hague Convention Country. In order to petition for immigration benefits for a non-orphan from a Non-Hague Country, you must meet the two year residency and custody requirements and file Form I-130.

A: Not necessarily. As long as you filed Form I-600A or I-600 before the Hague Convention went into force in the US on April 1, 2008, you may continue with the orphan adoption process. You must continue to meet all the required deadlines. If your approval notice expires, you must reapply using the Convention Adoption process. However, certain Hague countries will require that foreign adoptions follow the Hague adoption procedures in which case, you must submit Form I-800A and I-800 and select an accredited adoption service provider.

A: A complete list of Hague Convention partner countries and country specific information for intercountry adoption can be found at the Department of State website. Please use the following link for more information: http://travel.state.gov/family/adoption/adoption_485.html.