U.S. IMMIGRATION REQUIREMENTS

A child adopted by a U.S. citizen must obtain an immigrant visa before he or she can enter the U.S.. The child must be an orphan, as defined by U.S. immigration regulations. There are two distinct categories of immigrant visas available to orphans adopted by U.S. citizens. The two categories are Immediate Relative-3 (IR-3) and IR-4. An IR-3 is issued when a child is adopted under the laws of a foreign country. An IR-4 is issued when a child will be adopted in the United States (American parents have custody of a child to take him or her to the United States to be adopted in the United States). An IR-4 is also issued when state pre-adoption requirements require that a child be adopted in that state or if both parents have not seen the child. The Department of State strongly advised U.S. citizens to verify that a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A consular officer will not be able to issue a visa to an adopted child if he or she does not meet the definition of legal orphan.

An Orphan. If an adopted child has not resided with and been in the legal custody of the adopting parent for at least two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

• The child must be under the age of 16** at the time an I-600 Petition is filed with the DHS on his or her behalf
• The child meets the U.S. immigration law definition of "orphan" either because:
  (a) The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents***; or
  (b) The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption
• The adopting parents must have completed a full and final adoption of the child (for IR-3) or must have legal custody of the child to take the child to the United States for immigration and adoption (for IR-4).

** A child adopted at age 16 or 17 will also qualify, provided he or she is a natural sibling of a child adopted, or who will be adopted, under the age of 16 by the same adopting parents.

*** Prospective adopting parents should note that the terms "disappearance of both parents," "abandonment by both parents," "desertion by both parents," "separation from both parents," "loss from both parents," "sole" and "surviving" parent all have specific legal meanings defined in section 204.3(b) of Title 8 of the U.S. Code of Federal Regulations. Whether a child qualifies as an orphan under any of these categories is determined by reference to the U.S. regulatory definitions and not by any local (foreign) law designations that may be used to identify a child as orphaned.

The adopting parent(s) must meet the following DHS requirements in order to file the I-600 petition for the immigrant visa for an adopted child:

• If the adopting or prospective adopting parent is married, his or her spouse must also be a party to the adoption;
• If the adopting or prospective adopting parent is single, he or she must be at least 25 years of age;
• The adopting or prospective adopting parent must be a U.S. citizen.