Immigration Articles

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International Adoptions

HOW CAN ADOPTED CHILDREN COME TO THE UNITED STATES?

Prospective adopting parents are strongly encouraged to consult the Department of Homeland Security’s Citizenship and Immigration Services (DHS/CIS) publication M-249, The Immigration of Adopted and Prospective Adopting Children , as well as the Department of State publication, International Adoptions. The CIS publication is available at the U.S. CIS Web site at http://uscis.gov. The Department of State publication International Adoptions can be found on the Bureau of Consular Affairs Web site, http://travel.state.gov, under “International Adoptions.”

A child adopted by a U.S. citizen and who will reside in the US must obtain an immigrant visa before he or she can enter the U.S. Issuance of visas is governed by the Immigration and Nationality Act (INA), which currently provides for two categories of adopted children to immigrate to the United States. The first category, as provided in INA 101(b)(1)(E), allows a child adopted by an American citizen before they reached the age of 16 who has already resided with the adoptive parent in their legal custody for two years, to immigrate to the United States. The second category, as provided in INA 101(b)(1)(F), allows an “orphan,” as defined by U.S. law and regulations, to immigrate. Since most parents adopting overseas do not meet the custody and residence requirements of 101(b)(1)(E), the focus of this information sheet is on 101(b)(1)(F) orphans. Parents who believe that their situation may fall into the first category should contact their nearest CIS office or Embassy or Consulate for additional information. The Department of State strongly advises U.S. citizens to verify that a particular child will fit into one of these two categories per U.S. immigration law and regulations before proceeding with an adoption. A consular officer cannot issue a visa to an adopted child if he or she does not meet the legal definitions of 101(b)(1)(E) or 101(b)(1)(F).

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

Adjudicating an orphan case requires the following steps:

Adopting parents establish their suitability for an international adoption, usually through an approved I-600A filed with CIS; Adopting parents establish that a particular child may be classified as an orphan, as demonstrated by an approved I-600 petition and confirmed through a review of the orphan determination (I-604) – paperwork may be completed by a CIS or consular officer at a U.S. Embassy or Consulate overseas; A visa application is filed on behalf of the child, providing all necessary documentation for production of the visa and demonstrating that no legal impediments to visa issuance apply – a consular officer will review the application at a U.S. Embassy or Consulate overseas; If approvable, the visa is issued, and the child travels to the U.S. and obtains citizenship, either upon entry or upon completion of a full and final adoption in the U.S.