Visas

When the foreign adoption (or guardianship process in those countries that allow guardianship) is completed, the adoptive parent(s) can apply for an immigrant visa (IR-3 for a child adopted abroad or IR-4 for a child to be adopted in the United States) at the appropriate U.S. consular office abroad. In addition to the notification of the approved I-600 or I-600A petition from the USCIS, the consular officer also requires specific documentation to conduct a visa interview and to approve visa issuance. Some of these requirements are discussed below. However, we strongly suggest that adoptive parents contact the consular section conducting the visa interview prior to the actual scheduling of the interview. Remember, a visa is not permission to enter the United States. Final authority to enter the U.S. rests with the USCIS at the port of entry.

Meeting with the consular officer prior to the interview allows parents to obtain a list of the visa requirements and necessary forms and provides an opportunity to discuss any questions or concerns. In addition, if time permits, an early meeting may allow the consular officer to see the child for whom the visa is necessary. “Visual inspection” of the child is a requirement. It may be more convenient for all parties involved for the prospective adoptive parents not to be distracted with the child(ren) during the final visa interview. Some consular sections schedule special times to handle orphan petitions, facilitating the workflow and ensuring availability of consular staff and facilities for the adoptive parents and children.

Another visa requirement is the medical examination of the child by a designated physician. The U.S. embassy or consulate must approve the physician conducting the examination. The medical examination focuses primarily on detecting certain serious contagious diseases or disabilities that may be a basis for visa ineligibility. If the child is found to have any of these illnesses or disabilities, the child may still be issued a visa after the illness has been treated and is no longer contagious, or after a waiver of the visa eligibility is approved by the USCIS. If the physician or the consular official notes that the child has a serious disease or disability, the parents will be notified and asked if they wish to proceed with the child’s immigration. Prospective adoptive parents should not rely on this medical examination to detect all possible disabilities or illnesses. You may wish to arrange an additional private medical examination if there are concerns about the child’s health.

The Visa Interview

The consular section will schedule the final visa interview once all the required documents have been provided and the file is complete.

This documentation includes:

• notification by the USCIS of the I-600 or I-600A approval
• final adoption decree or proof of custody from the foreign government
• the child’s birth certificate
• the child’s passport (from the country of the child’s nationality)
• the completed and signed medical examination report
• necessary photographs of the child
• the visa application (Form OF 230)
• completed I-600 petition (if it was not previously approved by USCIS)

Although the final visa interview appears to involve a single action which may be completed quickly, the consular officer must perform several different steps required by law and regulation. The officer must review the I-600 petition, verify the child’s status as an orphan, establish that the prospective parent(s) have legal custody, survey the child’s medical condition and confirm that the child has the required travel documentation.

Questions concerning legal custody or proper documentation for the child must be resolved in accordance with the law of the country of the child’s nationality or residence. Since requirements vary from country to country, the consular section can be helpful in explaining requirements in their local area. Nevertheless, the adoptive parent(s) or the adoption agent is responsible for meeting these requirements. As explained earlier, the child’s ability to qualify for an immigrant visa as an orphan is determined by U.S. law. An adoption by a court decree or comparable order by a competent authority does not automatically qualify a child for an immigrant visa for entry into the United States.