How Do I Apply to Bring a Foreign-Born Orphan to the United States?
Who is Considered an Orphan?
Who is eligible to file an orphan petition?
Where Can I Find the Law?
How Do I Apply?
If I am a U.S. citizen, will the child I adopt automatically become a citizen too?
How Do I Find out the Status of My Application?
Can I Appeal?
Can Anyone Help Me?
Frequently Asked Questions
Who is Considered an Orphan?
Under U.S. immigration law, a foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is not able to take proper care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 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.
Who is eligible to file an orphan petition?
A married U.S. citizen and spouse (no special age) or an unmarried U.S.
citizen at least 25 years of age may file an orphan petition. The spouse does
not need to be a U.S. citizen; however, the spouse must be here legally if living
in the United States. To make the adoption process faster, you may apply for
advanced processing before you actually find an orphan to adopt. An application
for advance processing may be filed by anyone eligible to file an orphan petition.
An unmarried U.S. citizen may file an application for advance processing if
the U.S. citizen is at least 24 years of age and will be at least 25 when an
orphan petition is filed in behalf of an actual child and when the child is
adopted.
Where Can I Find the Law?
The complete orphan definition can be found in the Immigration and Nationality Act (INA) at Section 101(b)(1)(F). The specific eligibility requirements and procedures for applying for immigration benefits for an orphan are included in the Code of Federal Regulations [CFR] at 8 CFR § 204.3.
Read our information sheet on the Intercountry Adoption Act of 2000.
How Do I Apply?
The fastest way is to file USCIS Form I-600A (Application for Advance Processing of Orphan Petition) before you identify a foreign-born child to adopt. This allows the USCIS to first process the application that relates to your ability to provide a proper home environment and your suitability as a parent. Then, once a child who meets the INA's definition of orphan is identified, you must file USCIS Form I-600 (Petition to Classify Orphan as an Immediate Relative) in behalf of the child.
Should I do "advance processing" if I've already identified
the child?It is generally advisable for all prospective adoptive parents to do advance processing. You should do advance processing even if you are traveling to the country where the child is located and will file an orphan petition at an overseas Immigration office (or at an American consulate or embassy if there is no Immigration office in the country). By completing advance processing, you will ensure that USCIS has already processed the application that relates to your ability to provide a proper home environment and your suitability as a parent before you adopt a child in a foreign country. This is important, because you will not be allowed to bring a child that you have adopted to the United States if you are found to be unable to provide that child with a proper home environment or you are found unsuitable as a parent.
What kind of information about myself and my spouse will I, as the petitioner, need to provide to the USCIS? You must provide proof of U.S. citizenship. If you are married and living in the United States, you must provide evidence of your spouse's U.S. citizenship or lawful immigration status as well as proof that you are married and that any previous marriages ended legally. You must submit a complete and current home study within prescribed time limits. You may also have to prove that you comply with the preadoption requirements of the state in which you will live with your adopted child. You must submit the required filing fee for your application, and be aware that each adult member of the household must be fingerprinted by the USCIS. (Please refer to The Immigration of Adopted and Prospective Adoptive Children (document M-249N, revised September, 2000) for specific information on this question).
Questions and answers about Fingerprinting Procedures in the Adoption Application Process
Q: I have adopted my child and brought him/her into the country. Is there any reason for me to be fingerprinted again?
A: No, there is no need for you to be fingerprinted again. Your application for a specific child was approved. If you file another I-600A application to adopt another child, you will need to be fingerprinted at that time.
Q: I filed an I-600A and an I-600 application in your office. The I-600A was approved in December of 2002, and the I-600 was approved in February of 2003. My child will be brought into the U.S. in April of 2003. My fingerprints, taken when I filed my I-600A, expire in March of 2003. Should I be reprinted?
A. No, you do not need to be printed again. You were able to file your I-600A and your I-600, and get approvals on both within the 15 months that your prints were valid.
Q. My I-600A was approved in December of 2002, but I had my fingerprints taken in January of 2002 when I filed my application. That would mean that my prints will expire in April of 2003. I plan to bring my child home in late March of 2003. Should I be printed again, just in case?
A: Yes, if you will be filing an I-600 application within 30 days of your fingerprint expiration, it is recommended that you be printed again.
Q: I brought in my I-600A application in October of 2002, and it was approved in March of 2003. If I don’t know when I will be filing my I-600, should I be re-fingerprinted this summer so that I can be assured that my prints will remain valid for the duration of my approval.
A: No, it is best if you wait until you are certain that your prints will expire before having them taken again. Thirty (30) days before expiration is plenty of time to have prints taken again.
Q: If I do need to be re-fingerprinted, will I need to pay the fee?
A: Yes, if you need to be re-fingerprinted you will need to pay the $50 fingerprinting fee for each adult member of your household being re-fingerprinted. Please note, the fingerprint fee cannot be paid at the Application Support Center (ASC) where your fingerprints are taken. The fingerprint fee must be paid at your local U.S. Citizenship and Immigration Services (USCIS) office. When you go to the USCIS office to be scheduled for fingerprints, bring your I-171H approval notice with you. You will then be provided with a referral letter/appointment notice to appear at the ASC for fingerprinting.
Q: How will I know that my fingerprint files are about to expire?
A: Your fingerprint clearances files expire 15 months
after that the date that the USCIS received a response from the FBI. This is approximately 15 months from the date that you were fingerprinted
Q: I am planning to travel overseas to file my I-600. Can I wait and be fingerprinted at the Embassy or Consulate?
A: Yes, you can. You should be aware that the fingerprint clearance process for persons fingerprinted overseas takes much more time than it does for those who are fingerprinted in the United States. If your fingerprints have expired, or will expire before your date of travel, you should contact your local office to be fingerprinted again so that your fingerprints can be processed sooner.
What kind of information about the child will I need to provide to the USCIS?
You must provide:
