Guidelines
Guidelines on International Adoption
To complete an international adoption and bring a child to the United States, prospective adoptive parent(s) must fulfill the requirements set by:
- the United States U.S. Citizenship and Immigration Services in the Department of Homeland Security (USCIS)
- the foreign country in which the child resides
- and sometimes the state of residence of the adoptive parent(s).
Although procedures and documentary requirements may seem repetitive, you should procure several copies of each document in the event they are needed to meet the requirements of USCIS, the foreign country and your home state. The process is designed to protect the child, the adoptive parent(s) and the birth parent(s).
The U.S. Immigration and Nationality Act (INA) is the U.S. immigration law regarding the issuance of visas to nationals of other countries, including children adopted abroad or coming to the United States for adoption. The basic statutory provision concerning adopted children is in INA Section 101(b)(1)(E). Which provides immigrant classification for “a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years.” This so-called “two-year provision” is for individuals who are temporarily residing abroad and wish to adopt a child in accordance with the laws of the foreign state where they reside. Most adoptive parents, however, are not able to spend two years abroad living with the child. Therefore, they seek benefits under another provision of the INA, Section 101(b)(1)(F), which grants immigrant classification to orphans who have been adopted or will be adopted by U.S. citizens. Under this section of the law, both the child and the adoptive parents must satisfy a number of requirements established by the INA and the related regulations, but the two-year residency requirement is eliminated. Only after it is demonstrated that both the parents and the child qualify, can the child be issued a visa to travel to the United States.
For specific information about USCIS requirements, see the U.S. Department of Justice, U.S. Citizenship and Immigration Services in the Department of Homeland Security, brochure M-249Y, The Immigration of Adopted and Prospective Adoptive Children. The USCIS also has a toll-free information number, from which you can obtain form M-249 booklets and the telephone numbers of local USCIS offices in the United States. The toll-free number is 1-800-375-5283 or online at uscis.gov.
Your adoption agency or attorney will require specific documents, as will your state of residence. In general, all agencies, whether state or private, require:
- proof of citizenship
- marriage (if a married couple)
- Health
- financial stability
- and information about arrests or certification of a clean criminal record.
In addition, the home study (a report on the family prepared by a licensed social worker or other person licensed to perform home studies) normally is required by both the foreign government and the USCIS. The local government of the country from which you wish to adopt, your chosen adoption agency, or attorney may request additional documents.
U.S. Citizenship and Immigration Services in the Department of Homeland Security Approval
Adoptive and prospective adoptive parent(s) must comply with U.S. immigration procedures, initiated through the USCIS in the United States in order to bring an adoptive child to the U.S. Simply locating a child in a foreign country and going to the U.S. Embassy to obtain a visa for the child will not meet these requirements. An orphan cannot be brought to the United States without a visa, which is based upon an USCIS approved petition (form I-600, non-Hague country or form I-800, Hague country). To facilitate the process, we suggest that you contact the USCIS office that has jurisdiction over your place of residence in the United States for information, early in the pre-adoption process.
The Orphan Petition form has two parts:
The I-600/I-800 is used when the adoptive parents have identified a specific child. The I-600/I-800 is filed with the appropriate office of the USCIS in the United States. The USCIS adjudicates all aspects of the I-600/I-800 petition - including the suitability of the adoptive parent(s), compliance with any state pre-adoption requirements (if the child is to be adopted after entry into the United States), and the qualifications of the child as an orphan within the meaning of section 101(b)(1)(F) of the Immigration and Nationality Act (See USCIS brochure M-249Y). When the petition has been approved, the USCIS notifies the U.S. embassy or consulate that processes visas for residents of the child’s country. At the same time, the approved I-600/I-800 petition and supporting documents are sent to the National Visa Center in New Hampshire, where the petition is assigned a computer tracking code and then mailed to the appropriate U.S. consular office abroad.
The I-600A/I-800A form should be filed if the prospective adoptive parent(s) have not yet identified a child or intend to go abroad to locate a child for adoption. Like the I-600/I-800, this application is filed at the local USCIS office in the United States with jurisdiction over the place of residence of the adoptive parent(s). USCIS evaluates the suitability of the prospective adoptive parent(s). When the application is approved, notification is sent to the adoptive parents and to the appropriate U.S. mission in the country where the parents have indicated they would like to adopt. Once the parents have located a specific child, they must file an I-600/I-800 Petition. The parents may file the I-600/I-800 petition either with their local USCIS office in the United States or with the USCIS or U.S. consular office overseas. Although only one parent must be physically present to file the I-600/I-800 petition overseas, that parent must be a U.S. citizen. A third party may not file the petition on the parents’ behalf, even with a valid Power of Attorney. In addition, if only one of the two parents travels, the petition must nevertheless be properly executed (signed) by both parents after it has been completely filled out. This means one parent cannot sign for the other parent and neither parent may sign the petition until all the details about the child have been entered on the form. The traveling parent can, however, use express mail service to obtain the other parent’s signature.
Credits: U.S. Department of State
