If you wish to bring a foreign-born child that you adopt to live with you in the United States, you must file an orphan petition with the U.S. Citizenship and Immigration Services (USCIS).

Who is Considered an Orphan?

Under U.S. immigration law, a foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is not able to take proper care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday.

Am I Eligible to File an Orphan Petition?

Only US citizens may petition for the immediate immigration of foreign adopted children. There is no provision in U.S. immigration law for the entry of newly adopted children of legal permanent residents (green card holders) or long-term nonimmigrant visa holders. (If neither you nor your spouse is a U.S. citizen, please see International Adoptions: Guidelines on Immediate Relative Petitions for a discussion of this issue.)

A married U.S. citizen and spouse (no special age) or an unmarried U.S. citizen at least 25 years of age may file an orphan petition. The spouse does not need to be a U.S. citizen; however, the spouse must be here legally if living in the United States. To make the adoption process faster, you may apply for advanced processing before you actually find an orphan to adopt. An application for advance processing may be filed by anyone eligible to file an orphan petition. An unmarried U.S. citizen may file an application for advance processing if the U.S. citizen is at least 24 years of age and will be at least 25 when an orphan petition is filed in behalf of an actual child and when the child is adopted.

How Do I Apply?

What is the quickest way to bring a foreign-born orphan that I adopt to the U.S.?
The fastest way is to file USCIS Form I-600A (Application for Advance Processing of Orphan Petition) before you identify a foreign-born child to adopt. This allows the USCIS first to process the application that relates to your ability to provide a proper home environment and your suitability as a parent. Then, once a child who meets the definition of orphan is identified, you must file Form I-600 (Petition to Classify Orphan as an Immediate Relative) in behalf of the child.

Should I do "advance processing" if I've already identified the child?
It is generally advisable for all prospective adoptive parents to do advance processing. You should do advance processing even if you are traveling to the country where the child is located and will file an orphan petition at an overseas Immigration and Naturalization (USCIS) office (or at an American consulate or embassy if there is no USCIS office in the country). By completing advance processing, you will ensure that USCIS has already processed the application that relates to your ability to provide a proper home environment and your suitability as a parent before you adopt a child in a foreign country. This is important, because you will not be allowed to bring a child that you have adopted to the United States if you are found to be unable to provide that child with a proper home environment or you are found unsuitable as a parent.

What kind of information about my spouse and myself will I, as the petitioner, need to provide to the USCIS?
You must provide proof of U.S. citizenship. If you are married and living in the United States, you must provide evidence of your spouse's U.S. citizenship or lawful immigration status as well as proof that you are married and that any previous marriages ended legally. You must submit a complete and current home study within prescribed time limits. You may also have to prove that you comply with the pre-adoption requirements of the state in which you will live with your adopted child. You must submit the required filing fee for your application, and be aware that each adult member of the household must be fingerprinted by the USCIS.

Please refer to the USCIS booklet The Immigration of Adopted and Prospective Adoptive Children (document M-249N, revised 1998) for specific information on this question. This booklet is available by calling 1-800-375-5283, or writing USCIS Outreach Program, Room 1418, 425 I St., N.W., Washington, D.C. 20536.

What kind of information about the child will I need to provide to the USCIS?
You must provide:

• The child's birth certificate or, if the certificate is unavailable, evidence of the child's age and identity;
• Proof that the child is an orphan as defined by the INA;
• A final decree of adoption, if applicable;
• Proof of legal custody of the child for emigration and adoption, if applicable; and
• Proof of compliance with pre-adoption requirements, if applicable.

If I am a U.S. Citizen, will the child I adopt automatically become a citizen too?

No. Adoption of a foreign-born child does not guarantee the child's eligibility to immigrate to the United States. If the orphan petition is approved, the child is considered to be an immediate relative of a U.S. citizen and the child can get an immigrant visa right away without being put on a visa waiting list. The child still must qualify for an immigrant visa just like any other foreign-born person. For example, the child may be inadmissible if he or she has a contagious disease of public health significance.

When an orphan enters the United States with an immigrant visa, the child is considered to be a lawful permanent resident of the United States, not a U.S. citizen. After the adoption is complete and the child has entered the United States, you may apply to USCIS for citizenship on behalf of the child. You must file Form N-643 , Application for Certificate of Citizenship in Behalf of an Adopted Child, before the child is 18 years old in order for the child to become a U.S. citizen. If this naturalization process is not completed before the child's 18th birthday, the child will have to apply for naturalization on his or her own behalf. For more information on citizenship, please see Naturalization.

Checking My Application Status

Contact the USCIS office that received your application, and be prepared to provide specific information (see Checking the Status of My Case).

How Can I Appeal?

If your petition is denied, the denial letter will tell you how to appeal. Generally, you may file a Notice of Appeal along with the required fee with the office that issued the denial letter within 33 days of receiving the denial. Once the fee is collected and the form is processed, the appeal will be referred to the Administrative Appeals Unit in Washington, D.C. Sending the appeal directly to the AAU will delay the process. For more information, see Appealing the Denial of My Petition or Application.

HELP!

• For organizations that may be able to help you with the international adoption process, see our International Adoption Resources.
• For adoption information by country, see our International Adoption Resources, and contact the U.S. Consulate or Embassy in the country of adoption.
• For immigration questions in the U.S., you may contact your nearest USCIS District Office or Sub Office. This link provides telephone numbers, addresses, directions, office hours, local filing procedures, and more.
• Or, call the national USCIS toll-free information service at 1-800-375-5283
• You may also want to seek the advice of an immigration attorney.

The information provided in this website is not legal advice and should not be interpreted as legal advice. This website is intended to provide a basic understanding of this information in summary form. This information may not be comprehensive, is subject to change, and may not apply to all individual circumstances. Any information received here should be confirmed with the appropriate government agencies or with an attorney, particularly as it relates to your individual circumstances. Your use of this website indicates your agreement to be bound by our Terms of Use.