Adopting Children Abroad: US Visa Issues

The topic of adopting children abroad has become a frequent subject in the news these days.  A child adopted by an U.S. citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. The child must be an orphan, as defined by U.S. immigration regulations. Children who do not qualify under this definition may not immigrate to the U.S. as an orphan even if legally adopted by a U.S. Citizen.  There are essentially two categories of immigrant visas available to children adopted by U.S. citizens.

Eligibility of Foreign Children for US Visa

If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

1. The child must be under the age of 16 at the time a petition is filed with the United States Citizenship and Immigration Services division of the Department of Homeland Security (USCIS) on his or her behalf
2. 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
3. The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption.

Parental Petition for Foreign Children

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

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

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the USCIS before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance as the intercountry adoption process must be completed prior to the 16th birthday of the prospectively adopted child.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the USCIS office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at a U.S. Embassy or consular office.

• The content of this article is provided for informational purposes only. If you need help regarding an immigration issue, click here to talk to Evan D. Frankel or an Immigration Lawyer near you.