An alien adopted child may only qualify for immigration into the United States if he/she meets the technical definition of an “adopted child.” All three of the following criteria must apply:

1. The adoption occurs prior to the child's 16th birthday;
2. The adoptive parents had have legal custody of the child for two years (before or after the adoption); and
3. The child had resided with the adoptive parent for two years (before or after the adoption).

When at least one adoptive parent is a U.S. Citizen:

1. The first scenario is that the adopted child is already in the United States in nonimmigrant status.

1. If the adopted child is unmarried, under the age of 21, was adopted before the age of 16, has lived with his adoptive parents for two years, and has been under the custody of his adoptive parent(s) for two years, the adoptive parent(s) can file an immigration petition (I-130), and the adopted child can file an application to adjust status to permanent resident status (I-485) at the same time. For more information about immigration of immediate family members of U.S. citizens, please click here.
2. If the adopted child is unmarried and over age 21, and he had already satisfied the three requirements of adoption, the adoptive parent(s) may only file an immigration petition (I-130) for the adopted child. The child must wait for the immigrant visa number for his country to become current before he may apply to adjust to permanent resident status (I-485). During this waiting period, the child needs to independently maintain valid nonimmigrant status. For more information about First Preference immigration of close family members of U.S. citizens, please click here
3. If the adopted child is married, and he has also already satisfied the three requirements for adoption, the U.S. adoptive parent(s) may only file an immigration petition (I-130) for the child. The child must wait for the immigrant visa number for his country to become current before he may apply to adjust to permanent resident status (I-485). During this waiting period, the child needs to independently maintain valid nonimmigrant status. For more information about Third Preference immigration of close family members of U.S. citizens, please click here

2. The second scenario is that the adopted child is outside the United States.

1. If the adopted child is unmarried, under the age of 21, was adopted before the age of 16, has lived with his adoptive parents for two years, and has been under the custody of his adoptive parent(s) for two years, the adoptive parent(s) must 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 the adoptive parent. After the necessary forms are completed, the child goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the adopted child enters the United States on an immigrant visa, he becomes a U.S. permanent resident. For more information about immigration of immediate family members of U.S. citizens, please click here
2. If the adopted child is unmarried, over 21, and he has already satisfied the three requirements of adoption, the adoptive parent(s) must 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 the adoptive parent(s). After the necessary forms are completed, the child goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the child enters the United States on an immigrant visa, he becomes a U.S. permanent resident. For more information about First Preference immigration of close family members of U.S. citizens, please click here.
3. If the adopted child is married, and he had also already satisfied the three requirements for adoption, the U.S. adoptive parent(s) must 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 the U.S. citizen. After the necessary forms are completed, the child goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the child enters the United States on an immigrant visa, he becomes a U.S. permanent resident. For more information about Third Preference immigration of close family members of U.S. citizens, please click here

When at least one adoptive parent is a U.S. permanent resident:

1. The first scenario is that the adopted child is already in the United States in a nonimmigrant status.

1. If the adopted child is unmarried, under the age of 21, was adopted before the age of 16, has lived with his adoptive parents for two years, and has been under the custody of his adoptive parent(s) for two years, the permanent resident parent(s) can file an immigration petition (I-130) for the child. The adopted child has to wait for the immigrant visa number for his country to become current before he may apply to adjust to permanent resident status (I-485). For more information about Family Based Second Preference A immigration, please click here.
2. If the adopted child is unmarried, and he had already satisfied the three requirements for adoption, the permanent resident parent(s) can file an immigration petition (I-130) for the child. The adopted child has to wait for the immigrant visa number for his country to become current before he may apply to adjust to permanent resident status (I-485). For more information about Family Based Second Preference B immigration, please click here.

2. The second scenario is that the adopted child is outside the United States.

1. If the adopted child is an unmarried, under the age of 21, and has satisfied the three requirements of adoption, the U.S. permanent resident parent needs 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 the adoptive parent. After the necessary forms are completed, the adopted child goes to the U.S. Consulate overseas 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. For more information about Family Based Second Preference A immigration, please click here.
2. If the adopted child is unmarried, over 21, and he has already satisfied the three requirements for adoption, the U.S. permanent resident parent(s) must 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 the U.S. citizen. After the necessary forms are completed, the child goes to the U.S. Consulate overseas 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. For more information about Family Based Second Preference B immigration, please click here.

For other information about Adoption and Immigration, please click on one of the following topics below:

A Brief Background for Adoption
Who can be considered as a child?
What about an adopted child?
Adopted by a US Citizen
Adopted by a Permanent Resident
Adopted by an Alien with a Valid Non-immigration Visa
The Immigration Procedure for Adoption
Citizenship of the Adopted Child
Adopted Child and His Natural Parents

ORPHAN ADOPTION PROGRAM

Orphan Adoption Program and Eligibility
Advance Processing and Orphan Petitions
The Immigration Procedure for Adopted Orphans
Citizenship of the Adopted Orphan

HAGUE CONVENTION ADOPTION PROGRAM

Hague Convention Adoption and Eligibility
Differences between Hague adoptions (I-800) and orphan adoptions (I-600)

Frequently Asked Question about Adoption and Immigration

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