There are three ways for a child to immigrate to the United States based on adoption. Which path your adopted child follows depends on their individual circumstances, including whether the child is from a Hague Convention country and whether the adoption was finalized abroad or will be completed in the United States.
U.S. citizen parent(s) seeking to bring an internationally adopted child to the United States
Child adopted through the Hague Adoption Convention process (Forms I-800A and I-800)
Child adopted through the non-Hague (orphan) process (Forms I-600A and I-600)
Child adopted through the immediate relative process (Form I-130) with 2 years of legal and physical custody
Child must meet the definition of 'child' under immigration law
Adoption must be legally valid in the country of origin and recognized in the United States
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Regulatory Criteria
Hague Process (IH-3 and IH-4 Visas)
If you filed Forms I-800A and I-800 to adopt, your child is from a country that has implemented the Hague Adoption Convention. Your child will enter the United States with an IH-3 visa (adoption finalized abroad) or IH-4 visa (adoption to be finalized in the U.S.).
Examples
IH-3 visa: Final adoption completed in a Hague Convention country
IH-4 visa: Child coming to the U.S. from a Hague country to be adopted
Requires compliance with Hague Convention procedures
Form I-800A (Application for Determination of Suitability to Adopt)
Form I-800 (Petition to Classify Convention Adoptee as an Immediate Relative)
Non-Hague (Orphan) Process (IR-3 and IR-4 Visas)
If you filed Forms I-600A and/or I-600 to adopt, your child is from a country that has not implemented the Hague Convention. Your child will enter with an IR-3 visa (adoption finalized abroad with parent observation) or IR-4 visa (adoption to be finalized in the U.S.).
Examples
IR-3 visa: Full adoption abroad AND parent(s) saw child before/during adoption
IR-4 visa: Adoption to be finalized in the U.S. OR neither parent saw the child
IR-4 visa: Only one parent of a married couple adopted abroad
Form I-600A (Application for Advance Processing of an Orphan Petition)
Form I-600 (Petition to Classify Orphan as an Immediate Relative)
Immediate Relative Process (IR-2 Visa)
If your child does not meet Hague or non-Hague requirements, you may file Form I-130 as the adopted child of a U.S. citizen. Requires 2 years of legal and physical custody and full, final adoption before child's 16th birthday (or 18th if sibling exception applies).
Examples
Final adoption obtained before child's 16th birthday (or 18th with sibling exception)
2 years of legal custody by adoptive parent(s)
2 years of physical custody (joint residence) with adoptive parent(s)
Custody can be accrued in one period or cumulatively
Form I-130, Petition for Alien Relative
Automatic Citizenship for Adopted Children
Under the Child Citizenship Act, adopted children may automatically acquire U.S. citizenship upon admission or upon finalization of adoption in the U.S., depending on their visa type and circumstances.
Examples
IR-3 and IH-3 visa holders: Automatic citizenship upon admission if under 18 and in parent's custody
IR-4 and IH-4 visa holders: Automatic citizenship when adoption is finalized in U.S. before age 18
IR-2 visa holders under 18: Automatic citizenship upon admission while residing with parents
IR-2 visa holders over 18: Become permanent residents, may apply for naturalization when eligible
Certificate of Citizenship automatically mailed for IR-3/IH-3 children under 14
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Application Process
Determine Process
Identify whether your adoption falls under the Hague, non-Hague, or immediate relative process based on the country and circumstances.
File Suitability Application
File Form I-800A (Hague) or I-600A (non-Hague) to establish suitability to adopt, or skip to Form I-130 for immediate relative cases.
Complete Adoption
Work with adoption service providers and foreign authorities to complete or initiate the adoption abroad.
File Immigrant Petition
File Form I-800 (Hague), I-600 (non-Hague), or I-130 (immediate relative) to classify the child as an immediate relative.
Consular Processing
Child attends visa interview at U.S. embassy or consulate in the foreign country. DOS issues appropriate immigrant visa (IH-3, IH-4, IR-3, IR-4, or IR-2).
U.S. Admission
Present passport with immigrant visa and sealed Immigrant Data Summary packet to CBP at U.S. port of entry.
Finalize Adoption (If Required)
If child entered on IH-4 or IR-4 visa, complete adoption in U.S. state court. May need to re-adopt depending on state requirements.
Citizenship Documentation
Eligible children receive Certificate of Citizenship automatically or can apply using Form N-600. Apply for U.S. passport when eligible.
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Key Benefits
Immediate relative category - no visa number waiting period
Child may acquire U.S. citizenship automatically under the Child Citizenship Act
Certificate of Citizenship automatically issued for qualifying IR-3/IH-3 children under 14
Permanent residency (Green Card) for children not automatically acquiring citizenship
Path to U.S. citizenship for adopted children over 18 through naturalization
Humanitarian parole available in certain circumstances during adoption process
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Documents Needed
Form I-800A or I-600A, Application for Determination of Suitability to Adopt (as applicable)
Form I-800 or I-600, Petition to Classify Child as Immediate Relative (as applicable)
Form I-130, Petition for Alien Relative (for immediate relative process)
Home study from licensed adoption service provider
Evidence of U.S. citizenship of adoptive parent(s)
Marriage certificate (if applicable) and evidence of termination of prior marriages
Birth certificate of the child
Adoption decree or evidence of legal custody
Child's passport
Medical examination results (Form DS-1350 or equivalent)
Photographs meeting DOS specifications
Evidence of 2 years legal and physical custody (for I-130 cases)
Form N-600, Application for Certificate of Citizenship (if not automatically issued)
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Frequently Asked Questions
What is the difference between Hague and non-Hague adoption?
Hague adoptions involve countries that have implemented the Hague Adoption Convention and require Forms I-800A and I-800. Non-Hague (orphan) adoptions involve countries that have not implemented the Convention and require Forms I-600A and I-600. The procedures and visa types differ accordingly.
Will my adopted child automatically become a U.S. citizen?
Children admitted with IR-3 or IH-3 visas automatically acquire citizenship if admitted before age 18 and residing in the U.S. citizen parent's custody. Children with IR-4 or IH-4 visas acquire citizenship when the adoption is finalized in the U.S. before age 18. Children over 18 with IR-2 visas become permanent residents and can apply for naturalization.
What is the difference between IR-3 and IR-4 visas?
IR-3 visas are issued when the adoption is fully finalized abroad AND at least one parent saw and observed the child before or during the adoption. IR-4 visas are issued when the adoption will be completed in the U.S., neither parent saw the child, or only one parent of a married couple adopted abroad.
Do I need to re-adopt my child in the United States?
If your child entered with an IR-4 or IH-4 visa, you must finalize the adoption in a U.S. state court. Even for children adopted abroad (IR-3/IH-3), some states require re-adoption or registration of the foreign adoption to obtain state benefits. Check your state's requirements.
What if my child doesn't qualify for Hague or non-Hague adoption?
You may be able to file Form I-130 as the adopted child of a U.S. citizen if you have 2 years of legal and physical custody and obtained a full, final adoption before the child's 16th birthday (or 18th if sibling exception applies). Note that Hague country restrictions may apply.
How does my child get a Certificate of Citizenship?
Children under 14 admitted with IR-3 or IH-3 visas automatically receive a Certificate of Citizenship by mail. For IR-4/IH-4 children or those over 14, you can apply using Form N-600 after the adoption is finalized and citizenship requirements are met.
Can I apply for humanitarian parole during the adoption process?
Yes, in certain circumstances. Visit the USCIS Guidance on Evidence for Certain Types of Humanitarian or Significant Public Benefit Parole Requests and review the section on Requesting Parole for Children. This may be available for children in urgent situations.
What happens at the U.S. port of entry?
Present your child's passport with the immigrant visa and the sealed Immigrant Data Summary packet to the CBP officer. The officer will review the documents, ask questions, stamp the visa, and admit your child. The stamped visa serves as proof of lawful admission until the Green Card or Certificate of Citizenship arrives.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.