Adoption of Foreign-Born Children

I want to adopt a child from another country. I have heard this is complicated-what do I do?

U.S. immigration law allows you to adopt a foreign child if the child is an orphan. The child is an orphan if he or she does not have any parents due to the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A child is also an orphan if the sole or surviving parent cannot take proper care of the child and has-in writing-irrevocably released the child for emigration and adoption. The only way to have a foreign-born orphan adopted legally is through the USCIS process.

I was traveling abroad and visited an orphanage. I want to adopt a 17-year-old child at the orphanage to bring to the United States for a college education. Can I do this?

It depends. For a foreign-born orphan child to gain immigration benefits, the orphan petition must be filed before the child's 16th birthday. An orphan petition may be filed before the child's 18th birthday if the child is a natural sibling of an orphan or adopted child and is adopted with or after that child, by the same adoptive parents.

Are there requirements on who can adopt a foreign-born orphan?

You can file a petition to adopt a foreign-born orphan if you are a married U.S. citizen and spouse (no special age) or an unmarried U.S. citizen at least 25 years old. The spouse does not have to be a U.S. citizen, but if he or she is living in the United States, it must be through legal means. You must provide proof of U.S. citizenship.

TIP: You can file a petition for adoption with the USCIS before you have identified a specific child to adopt-this will make the adoption process faster. Anyone eligible to file an orphan petition application may file an advance processing request. To do this, you need to file a USCIS Form I-600A, Application for Advance Processing of Orphan Petition, with the USCIS office that serves the area where you live. The USCIS will then conduct a home study to determine your ability to provide a proper home environment and your suitability as a parent. After this is completed and a child orphan is identified, you will need to file USCIS Form I-600, Petition to Classify Orphan as an Immediate Relative on the child's behalf. Forms and USCIS' guide to orphan petitions are available by calling 800.870.3676, or by submitting a request through the USCIS Web site.

I have already identified the foreign-born child I want to adopt. What do I need to do?

You should probably still complete the advance processing steps, even if you are traveling to the child's country and intend to file a petition at an overseas American Embassy, Consulate or Immigration Office. The completed advance processing ensures that the USCIS has already processed the application relating to your ability to provide a proper home environment and your suitability as a parent. Why is this important? Because you cannot bring a child that you have adopted to the United States if you are found unable to provide that child with a proper home environment, or you are found unsuitable as a parent.

What documents about the foreign-born child does the USCIS need to approve the adoption?

The USCIS requires you to submit 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; and, if applicable, a final adoption decree, proof of legal custody of the child for emigration and adoption, and proof of compliance with pre-adoption requirements.

Will my adopted foreign-born child automatically become a U.S. citizen?

A new law went into effect in 2001 providing for automatic citizenship for some adopted children. 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. However, in some situations a child will automatically become a U.S. citizen immediately upon admission into the United States as a lawful permanent resident.