Annually, U.S. citizens complete the adoption of thousands of children residing in foreign countries, a process formally recognized as intercountry adoption. This form of adoption presents a complex undertaking, and the resources available are designed to provide assistance throughout the process. For detailed policy guidance related to adoptions, refer to Volume 5 of the USCIS Policy Manual.

USCIS holds the responsibility for:

• Evaluating the suitability and determining the eligibility of individuals intending to adopt.
• Assessing the eligibility of the child to immigrate to the United States.

Getting Started

It is strongly recommended that prospective adoptive parents familiarize themselves with the specific requirements of each adoption process, as significant variations exist. While adoption agencies can facilitate placement arrangements, they are not authorized to represent individuals before USCIS or provide legal counsel regarding the child’s immigration. For legal representation in adoption proceedings, engaging the services of an attorney is advisable.

Legal Framework

The intercountry adoption process is subject to a tripartite legal framework, encompassing:

• U.S. federal law.
• The legal statutes of the child’s country of origin.
• The applicable laws of the adoptive parents’ place of residence, whether a U.S. state or territory, or a foreign country.

Immigration Processes

There are three distinct processes through which an adopted child may immigrate to the United States:

• Hague Adoptions.
• Orphan Adoptions (Non-Hague).
• Immigration of Other Adopted Children.

Intercountry Adoption Processes

Intercountry adoption, which involves the adoption of a child born in a foreign country by adoptive parents residing in the United States, is a process in which USCIS plays a critical role.

U.S. immigration law provides three distinct pathways for individuals to immigrate based on an intercountry adoption. Eligibility for each pathway is contingent upon meeting all specific requirements associated with that particular process.

Two of these processes are specifically designed for children adopted by U.S. citizens. These processes allow for either immediate immigration following the adoption or immigration to the U.S. for the adoption to be finalized.

• The Hague Process: This process applies when the child habitually resides in a country that is a signatory to the Hague Intercountry Adoption Convention.
• The Orphan Process (Non-Hague): This process is applicable when the Hague Intercountry Adoption Convention does not apply to the child’s country of residence.

While the Hague and Orphan processes share many similarities, it is essential to understand their individual nuances. Detailed information regarding each adoption process can be found through the links provided under “Immigration through Adoption.”

Additionally, a separate process allows U.S. citizens or lawful permanent residents to file an Immediate Relative Petition for their adopted child.

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Hague Adoption Convention Process

The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, commonly known as the Hague Adoption Convention, is an international treaty designed to establish critical safeguards that protect the best interests of children, biological parents, and prospective adoptive parents involved in intercountry adoptions.

This convention became effective for the United States on April 1, 2008. Consequently, U.S. citizens who habitually reside within the United States are generally required to adhere to the Hague process when adopting a child who habitually resides in a foreign country that is a signatory to the Hague Convention.

The United States recognizes over 100 countries as participants in the Hague Convention.

Exceptions to the Hague Process

In specific, limited circumstances, U.S. citizen prospective adoptive parents and children originating from a Hague Convention country may qualify as transition cases. These cases may continue to follow the Orphan Process, rather than the Hague process.

Orphan Process for Intercountry Adoptions

The “Orphan Process,” also known as the “Non-Hague Process,” is a way for U.S. citizens to adopt children from countries that are not part of the Hague Adoption Convention. This process is different from the Hague Adoption Process and has its own set of rules and requirements.

Who Qualifies for the Orphan Process?

This process is specifically for children who meet the definition of “orphan” under U.S. immigration law. To be considered an orphan, a child must:

• Have no parents due to the death or disappearance of, abandonment or desertion by, or separation or irrevocable release from, the parents; or
• Have a sole or surviving parent who is unable to provide proper care and has irrevocably released the child for emigration and adoption.

Key Steps in the Orphan Process:

1. Filing Form I-600A, Application for Advance Processing of Orphan Petition:
   • Prospective adoptive parents must first file Form I-600A with USCIS.
   • This application is used to determine the suitability of the adoptive parents and to establish that they meet the requirements for adopting an orphan.
   • It is recommended that this form be filed before the child is identified.
2. Filing Form I-600, Petition to Classify Orphan as an Immediate Relative:
   • Once a child has been identified and the adoption process has begun in the foreign country, the adoptive parents must file Form I-600.
   • This petition asks USCIS to classify the child as an “orphan” and an “immediate relative,” which allows the child to immigrate to the United States.
   • This form can not be filed until the I-600A is approved.
3. Adoption in the Foreign Country:
   • The adoption must be completed according to the laws of the child’s country of origin.
   • It is crucial to work with an experienced adoption agency or attorney to ensure that all foreign adoption requirements are met.
4. Immigrant Visa Application:
   • After the I-600 petition is approved, the child must obtain an immigrant visa from the U.S. Department of State.
   • This involves completing the necessary visa application forms and attending an interview at a U.S. embassy or consulate.
5. Entry into the United States:
   • Once the child receives an immigrant visa, they can travel to the United States.
   • Upon arrival, they will become a lawful permanent resident of the United States.

Important Considerations:

• State Laws: Adoptive parents must also comply with the adoption laws of their U.S. state of residence.
• Documentation: Accurate and complete documentation is essential throughout the Orphan Process.
• Legal Assistance: Due to the complexity of this process, seeking legal advice from an experienced immigration attorney is highly recommended.
• Travel: It is important to know that travel outside of the USA may be required, and that this process is very time sensitive.
• Differences from Hague Process: This process is distinctly different from the Hague process, and it is very important to understand the differences between the two.

Family-Based Petition Process for Adopted Children

The Family-Based Petition Process provides a pathway for U.S. citizens or lawful permanent residents (LPRs) to bring their adopted children to the United States. This process is distinct from both the Hague and Orphan adoption processes, and it’s used in specific situations.

Those who Qualifies for the Family-Based Petition Process:

This process is generally used when:

• The adoption was completed in a foreign country, and the child has already been adopted by a U.S. citizen or LPR.
• The child does not meet the definition of an “orphan” under U.S. immigration law.
• The child is being adopted by a U.S. citizen or LPR who has resided with and had legal custody of the child for at least two years.

Key Requirements:

• Legal Adoption: The adoption must be legal and recognized by the country where it took place.
• Two-Year Legal Custody and Residence: The U.S. citizen or LPR petitioner must have had legal custody of and resided with the adopted child for at least two years. This two-year period can occur before or after the adoption.
• Form I-130, Petition for Alien Relative: The U.S. citizen or LPR petitioner must file Form I-130 with USCIS. This petition establishes the qualifying relationship between the petitioner and the adopted child.

Steps in the Family-Based Petition Process:

1. Filing Form I-130, Petition for Alien Relative:
   • The U.S. citizen or LPR petitioner files Form I-130 with USCIS, providing evidence of the legal adoption and the two-year legal custody and residence requirement.
   • This form establishes the relationship between the petitioner and the child.
2. Immigrant Visa Application:
   • If the I-130 petition is approved, the adopted child must apply for an immigrant visa through the U.S. Department of State.
   • This involves completing the necessary visa application forms and attending an interview at a U.S. embassy or consulate.
3. Entry into the United States:
   • Upon receiving an immigrant visa, the adopted child can travel to the United States.
   • Upon arrival, they will become a lawful permanent resident of the United States.

Important Considerations:

• Documentation: Detailed and accurate documentation is essential, including adoption decrees, custody orders, and evidence of the two-year legal custody and residence.
• Time Requirements: The two-year legal custody and residence requirement is strictly enforced.
• Legal Counsel: Given the complexities of this process, it is highly recommended to seek guidance from an experienced immigration attorney.
• Differences from other processes: It is very important to know that this process is very different from both the Hague and orphan processes.

When Your Adoption Agency Is No Longer Approved

When you’re working with an adoption service provider for an intercountry adoption, it’s essential that they are properly accredited or approved. However, sometimes these providers may lose their accreditation or approval during your adoption process. This can create uncertainty, but it doesn’t necessarily mean your adoption will fall apart. Here’s what you need to know:

Understanding Accreditation and Approval:

• Accreditation: Adoption service providers that handle Hague Convention adoptions must be accredited.
• Approval: Adoption service providers that handle orphan (non-Hague) adoptions must be approved.

These statuses ensure that providers meet specific standards and follow ethical practices.

What Happens If Your Provider Loses Accreditation or Approval?

If your adoption service provider loses its accreditation or approval, USCIS will take steps to ensure your adoption process can continue. Here’s what you should expect:

1. USCIS Communication: USCIS will communicate directly with you, the prospective adoptive parent(s), to provide guidance and information.
2. Case-by-Case Review: USCIS will review each case individually to determine the best course of action.
3. Transferring Your Case: USCIS may facilitate the transfer of your case to another accredited or approved adoption service provider.
4. Continuing Your Adoption: In many cases, you will be able to continue your adoption process with the assistance of a new, qualified provider.
5. Maintaining Documentation: It is very important that you keep all of your documentation related to your adoption process.
6. Working with USCIS: It is very important that you work closely with USCIS during this process, and answer any and all questions that they may have.

Important Considerations:

• Impact on Your Case: The impact on your case will depend on the stage of your adoption process and the reasons for the provider’s loss of accreditation or approval.
• Time Delays: There may be some delays in your adoption process as USCIS works to transfer your case or find a suitable alternative.
• Legal Counsel: If you have concerns or questions, consulting with an immigration attorney specializing in adoption is recommended.
• Staying Informed: Keep yourself updated by checking the USCIS website and responding promptly to any USCIS communications.

Key Takeaways:

• Losing accreditation or approval does not automatically end your adoption.
• USCIS will work to help you continue your adoption process.
• Staying in contact with USCIS and keeping all documentation is very important.

Conclusion

The intricacies of intercountry adoption and U.S. immigration requires a thorough understanding of the distinct processes involved. Whether dealing with Hague Convention adoptions, non-Hague orphan adoptions, or family-based petitions, prospective adoptive parents must adhere to specific legal requirements and procedures. The potential for adoption service providers to lose accreditation or approval adds another layer of complexity, necessitating close cooperation with USCIS. Throughout this journey, meticulous documentation, adherence to legal counsel, and proactive communication are paramount. By staying informed and diligently following the prescribed guidelines, families can navigate these processes effectively, ultimately realizing their goal of uniting with their adopted children.