Adopting children from all over the world has become something U.S. residents and citizens have been doing more and more when starting or expanding their families and providing safe, loving homes to children in need. Over 20,000 inter-country adoptions are taking place per year in addition to the more than 200,000 foreign-adopted children already living in the U.S. The Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS) is proud to play a key role in this family-building process.

There are two ways to bring an adopted child into the United States. The fastest and easiest way is to adopt an orphan who automatically becomes eligible to enter the United States as an immediate relative. Only U.S. citizens are eligible to immigrate a child as an orphan.The second way is to adopt a child and reside with that child for two years prior to petitioning for the child. U.S. citizens and lawful permanent residents may immigrate a child with whom they have lived for two years.

Prospective adoptive parents are encouraged to familiarize themselves with inter-country adoptions processes before they begin filing applications for a particular child. A good place to start is with the booklet, The Immigration of Adopted and Prospective Adopted Children.

Prospective adoptive parents may find the services of an adoption agency helpful for guidance and assistance with the immigration of orphans and adoptive children. While USCIS cannot recommend specific agencies, we strongly advise prospective adoptive parents to seek out a reputable agency with established foreign adoption experience and/or competent legal representation in their efforts to bring foreign-born orphans into the United States. One place to start looking for an agency is through the adoption advocacy community.

Adoptions Alert
Specific Country Conditions
Adopting Older Children
Adjudicate Orphan Status First Pilot Program
Application Process
Forms and Worksheets
Reference Materials

Adoptions Alert

Some international adoption conditions are in the news or require your familiarity with developing issues:

• Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the Intercountry Adoptions Act of 2000
• Citizenship for foreign adopted children
  • USCIS Announces Program to Streamline Process for Child Citizenship Certificates, November 20, 2003
  • Child Citizenship Act (CCA) Program Update, January 2004

Specific Country Conditions as noted on the Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of Children Issues website:

• Azerbaijan
• Cambodia
• China
• Georgia
• Guatemala
• Marshall Islands
• Romania
• Ukraine
• Vietnam

These materials alert prospective adoptive parents to some serious problems that may develop or already exist in foreign adoption cases. For example, corrupt adoption practices can happen anywhere in the world. For example, corrupt adoption practices can happen anywhere in the world. The adoption of a foreign-born orphan does not automatically guarantee the child's eligibility to immigrate to the United States. The adoptive parent needs to be aware of U.S. immigration law and legal regulatory procedures. An orphan cannot legally immigrate to the United States without U.S. Citizenship and Immigration Services processing. Prospective adoptive parents should also visit the Department of State website for additional information concerning country conditions.

Adopting Older Children - “Aging Out” of Eligibility to Immigrate Through Adoption.

• Siblings of a child adopted by the same parents may be adopted if under 18 years of age; and
  
• Orphans over the age of 16 may be adopted, as long as the I-600 petition was filed on their behalf before their 16th birthday (or in the case of an orphan who is the sibling of a child adopted by the same parents, before their 18th birthday).

There are two ways to immigrate an adopted child. Please review the differences, as they are important to your successful adoption.