Child Eligibility

Make Sure Your Child Meets Eligibility Requirements

What You Should Know

If you have not already identified your child, a few months to a year or more after completing the required paperwork, your family will be matched with a specific child for possible placement. This process varies greatly depending on the country and agency (or lawyer) involved. In a few countries, families will be directly involved in this step by visiting orphanages and viewing photolistings of waiting children when traveling to the country from which they seek to adopt a child. Waiting to be matched with a child is one of the hardest and most unpredictable parts of the adoption process. Tips for helping families deal with the wait are in the Joint Council on International Children’s Services publication, Coping and Difficulties and Delays As You Wait For Your Child.

When a specific child is identified, you will receive a referral (a packet of information about the child). This packet usually includes the child’s picture and information on the child’s health and history. In the case of an abandoned child, medical information and history may be limited to the period of time since the child’s placement in the orphanage or institution. You will have a period of time to review the information and decide whether you can meet this child’s needs. Ask your agency or doctor any questions you have before you accept the placement. Take as much time as you need to feel comfortable with your decision, paying particular attention to the information related to the child’s orphan status and health. It is better to stop the process prior to meeting the child if you are unsure that you can make him or her a part of your family. Be sure to focus on the following information during your review of the referral packet:

• Orphan status. Be prepared, this can be one of the most time consuming and painstaking steps in the international adoption process. This is also where a qualified agency will earn it’s keep, or the independent adopter will work for their savings.

It is in this stage, you or your agent will deal with various offices and officials within the country from which you are adopting, and information regarding your progress may be limited.

Due to the nature and differences of various countries, each country’s requirements may vary from the next. Similarly, a country’s requirements may change with little or no warning. For country specific information about adoption, visit our countries section or the Department of State’s website.

A word of caution; because foreign adoption laws vary, it is possible in some countries to adopt a child who does not qualify as an orphan under U.S. immigration law. However, a U.S. visa will not be issued to children who do not meet the requirements. All children adopted abroad require an immigrant orphan visa to legally immigrate to the United States. Discuss any questions about the child’s status with your adoption agency or lawyer.

What is an Orphan?

Under U.S. immigration law, an orphan is a foreign child who does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. An orphan can also be a foreign-born child with a sole or surviving parent who is unable to provide for the child’s basic needs, consistent with the local standards of the foreign sending country, 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. The only exception to this is when a child is adopted with or after a sibling who is considered a “child” under the Act who has been or will be adopted by the same adoptive or prospective adoptive parent(s). In this type of case, the petition must be filed before the child reaches age 18.

After you decide your family can meet the needs of a specific child, you must submit Form I-600, Petition to Classify Orphan as an Immediate Relative, to ensure the child is eligible for intercountry adoption. After receiving your Form I-600, the consular officer in the U.S. Embassy or Consulate or the USCIS officer in the child’s country will conduct an investigation to make sure your child meets the USCIS definition of an orphan. This can take some time. Some families may wait longer than others. Waiting for final approval for a specific child can be one of the hardest parts of the adoption process for families.

During the investigation, your child also will visit a doctor approved by the U.S. Embassy in the child’s country to detect any medical condition that would affect eligibility for a visa. Once the orphan investigation and medical exam are successfully completed, the consular officer will issue an orphan visa. The type of orphan visa your child receives will depend on whether both parents (if applicable) saw the child before or during the adoption process and whether the adoption was finalized in the child’s country, according to U.S. immigration requirements.

What if I have problems with the USCIS process?

First, look on the USCIS website for information you need to solve the problem. If you cannot resolve the situation with information from the website, USCIS staff prefer that social workers at adoption agencies or lawyers contact USCIS on behalf of their clients. Experienced agencies and lawyers probably have dealt with similar problems before and know how to help you resolve them. If you have questions or need help filling out USCIS forms, contact the USCIS district office in your area for a list of adoption professionals or agencies that can help.