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How the Intercountry Adoption Immigration Process
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Understanding the Immigration Process for Intercountry Adoption.
Adopting a child from another country involves both the adoption process and U.S. immigration requirements. The steps may differ depending on the child’s country and whether the adoption falls under the Hague Convention. This guide explains the intercountry adoption immigration process, including eligibility, USCIS requirements, immigrant visas, and bringing an adopted child to the United States.
The intercountry adoption immigration process generally follows one of two primary pathways: the Hague Convention process or the non-Hague process. Which pathway applies depends largely on whether the child’s country of origin is a party to the Hague Convention on Intercountry Adoption.
For adoptions from Hague Convention countries, prospective adoptive parents must follow a specific process and generally work with an accredited or approved adoption service provider. They must first establish their suitability and eligibility to adopt, usually through Form I-800A, before being matched with a child.
After a match is proposed, Form I-800 is generally used to determine whether the child qualifies as a Convention adoptee and appears eligible to immigrate to the United States. These steps must generally be completed before the adoption or grant of custody is finalized abroad.
Adoptions from countries that are not parties to the Hague Convention generally follow a different process under U.S. federal immigration law. For the non-Convention orphan process, the child must qualify as an orphan under U.S. immigration law, and the prospective adoptive parents must meet the applicable eligibility requirements. Forms I-600A and I-600 are commonly used in this process.
Although the exact steps vary, the process may include:
Completing a home study and establishing your eligibility to adopt
Obtaining approval from U.S. Citizenship and Immigration Services (USCIS)
Completing the required adoption or custody procedures in the child’s country
Establishing that the child qualifies under the applicable U.S. immigration category
Applying for the child’s immigrant visa through a U.S. embassy or consulate
Completing any remaining adoption, immigration, or citizenship requirements after the child enters the United States
Depending on the adoption pathway and visa issued, the child may enter the United States as a lawful permanent resident and may acquire U.S. citizenship if the applicable legal requirements are met. Some families may also need to finalize or re-adopt the child in a U.S. state court. Families can learn more about the related lawful permanent residence process.
Beyond the basic adoption and immigration steps, several factors can affect a child’s eligibility, immigration status, and the time needed to complete the process.
Whether an adopted child automatically acquires U.S. citizenship depends on the adoption pathway, the immigrant visa issued, and whether the applicable citizenship requirements are satisfied.
Some children may acquire citizenship after entering the United States and residing in the legal and physical custody of a U.S. citizen parent. Others may need additional steps after arrival, such as finalizing the adoption in a U.S. state court, before citizenship can be acquired. A Certificate of Citizenship may also be obtained as evidence of citizenship when applicable.
Intercountry adoption cases can be delayed by issues in either the U.S. immigration process or the child’s country of origin. Common causes include:
Missing or incomplete home study documents
Changes or suspensions in a country’s adoption program
Requests for additional evidence from USCIS
Delays in foreign courts or government agencies
Questions about whether the child meets U.S. immigration requirements
Because requirements can change during the process, keeping documents current and responding promptly to government requests can help reduce avoidable delays.
A child must meet the requirements of the immigration pathway being used. In Hague Convention cases, the child must qualify as a Convention adoptee. In non-Hague orphan cases, the child must meet the U.S. immigration-law definition of an orphan.
For the non-Hague orphan process, the child generally must be under 16 when Form I-600 is filed. A limited exception may allow a child under 18 to qualify when the child is the sibling of another qualifying child who has been or will be adopted by the same parents.
Prospective adoptive parents must also meet the eligibility and suitability requirements for their adoption pathway. If you are unsure which requirements apply, a family immigration attorney can help you understand your options.
The exact process depends on the child’s country and whether the Hague Convention or non-Hague process applies. Because the order of certain steps differs between these pathways, families should follow the requirements that apply to their specific case.
The time required to complete an intercountry adoption varies based on the child’s country, the applicable adoption pathway, government processing, and the circumstances of the case.
Intercountry adoption cases can become complicated when questions arise about a child’s immigration eligibility, USCIS filings, foreign adoption documents, or the appropriate visa process. An immigration attorney can help you understand which rules apply and address issues that may arise along the way.
If you have questions about the intercountry adoption immigration process, contact Andrew T. Thomas, Attorneys at Law, to discuss your circumstances and next steps.
The U.S. immigration process should generally be considered before an overseas adoption is completed. A foreign adoption does not automatically mean that the child qualifies for a U.S. immigrant visa. The requirements depend on the child’s country, the type of adoption, and the applicable U.S. immigration process. In Hague Convention cases, certain U.S. immigration steps must be completed before the adoption or grant of custody takes place.
Approval of prospective adoptive parents does not automatically mean that a particular child qualifies to immigrate to the United States. The child must meet the requirements of the applicable immigration category separately. If those requirements are not met, the child may not qualify for an immigrant visa even if the adoption is valid under the laws of the child’s country.
Families planning for an adopted child to live permanently in the United States generally need to complete the appropriate immigration process. A visitor visa does not replace the immigrant visa process required for permanent residence. The appropriate visa and adoption requirements depend on the circumstances of the case.
Age requirements depend on the immigration process being used. In many cases, the relevant petition must be filed before the child turns 16. However, limited exceptions apply, including certain cases involving the birth sibling of another adopted child. Families approaching an age limit should carefully review the filing requirements for their specific adoption pathway.
Not every intercountry adoption requires re-adoption in the United States. Whether additional state-court proceedings are needed depends on how the adoption was completed abroad, the child’s immigrant visa category, and applicable state requirements. For example, children admitted with an IR-4 or IH-4 visa generally need additional action, such as finalizing the adoption in the United States, before they can acquire U.S. citizenship.
