Intercountry adoption immigrant visa

Two separate processes apply only to children adopted by U.S. citizens. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.

The Hague Process: if the child habitually resides in a country that is a party to the Hague Intercountry Adoption Convention. The Orphan Process: (non-Hague): if the Hague Intercountry Adoption Convention does not apply.

Another process applies to a U.S. citizen or permanent resident who may petition for his or her adoptive child through an Immediate Relative Petition.

Be under the age of 16 at the time of filing Form I-800 (or under 18 if the sibling exception applies—see the Form I-800 instructions for more information);

Be a U.S. citizen Be habitually resident in the United States; and If you are not married, be at least 24 years old when you file your Form I-800A, and be 25 years old when you file your Form I-800.

Another process applies to a U.S. citizen or permanent resident who may petition for his or her adoptive child through an Immediate Relative Petition.

Be deemed eligible for intercountry adoption by the Central Authority of that country and have obtained all necessary consents for adoption.

Do not adopt a child or obtain legal custody before you have filed Form I-800A and Form I-800 and USCIS has approved your application and provisionally approved your petition, as doing so contradicts the Hague Adoption Convention. Out-of-order adoptions may also cause significant delays or result in the child not being eligible for an immigrant visa to the United States.

Obtain a home study from someone authorized to complete an intercountry adoption home study.

Once USCIS approves your Form I-800A application, work with your primary provider to apply to obtain a proposed adoptive placement with the Hague country’s Central Authority.

Intercountry adoptions are governed by three sets of laws: U.S. federal law, the laws of the child's country of residence, and the laws of your U.S. state of residence.

Generally, the process may take anywhere from one to four years, though in some cases, it may take longer.

Choose a U.S. accredited or approved ASP to act as your primary provider (and perhaps also an immigration attorney). Obtain a home study from someone authorized to complete an intercountry adoption home study. File Form I-800A to be found suitable and eligible to adopt before adopting a child or accepting a placement. Once USCIS approves your Form I-800A application, work with your primary provider to apply to obtain a proposed adoptive placement with the Hague country’s Central Authority. Before adopting the child, file a Form I-800 petition with USCIS to have the child found provisionally eligible to immigrate to the United States based on the proposed adoption. After USCIS provisionally approves your Form I-800, adopt the child or obtain legal custody of the child for the purpose of emigration and adoption in the United States. If you reside in the U.S., obtain an immigrant visa for the child. Bring the child to the United States for admission with the visa.