I am a

U.S. citizen A3

How do I immigrate an adopted or 

prospective adopted child or help 

my adopted child become a U.S. 

citizen or U.S. permanent resident?

This customer guide explains three different ways to immigrate 

an adoptive child from overseas to become a lawful permanent 

resident or to become a U.S. citizen. 

The first way is through the orphan adoption program. This requires 

filing Form I-600A, Application for Advance Processing of Orphan 

Petition, and Form I-600, Petition to Classify Orphan as an 

Immediate Relative. The orphan adoption program is not available if 

the adoptive child is from a Hague Adoption Convention country. 

The second way is through the Hague Adoption Convention 

program. The Hague Adoption Convention became effective for 

the United States on April 1, 2008, and created a new process 

for immigrating adoptive children who reside in countries that are 

also party to the Hague Adoption Convention. A Hague Convention 

adoption requires filing of a Form I-800A, Application for 

Determination of Suitability to Adopt a Child from a Convention 

Country, and Form I-800, Petition to Classify Convention Adoptee 

as an Immediate Relative.

Because of the many distinctions in these adoption methods, U.S. 

citizens who are interested in adopting a child from another country 

should first decide on a specific country from which to adopt. To 

view a list of countries that participate in the Hague Adoption 

Convention, please see the USCIS Web site at www.uscis.gov. 

The third way is through immediate relative processing by filing 

Form I-130, Petition for an Alien Relative. 

The three methods to immigrate an adoptive child are separate and 

distinct and cannot be combined. 

 I. ORPHAN PROGRAM 

Who is an orphan? 

To be considered an orphan under U.S. immigration law, a child 

must meet very specific conditions: 

•	Be a foreign national child without any parents because each

parent has died or disappeared or has abandoned or deserted 

the child, or because of separation from or loss of each parent; 

or 

•	Be a foreign national child with a sole or surviving parent who

is unable to provide for the child’s basic needs, consistent with 

local standards of the foreign sending country, and who has 

irrevocably released the child (in writing) for emigration and 

adoption. 

Who can file an orphan petition? 

You must be a U.S. citizen and, if unmarried, be at least 25 years 

old prior to filing Form I-600. You may file Form I-600A at age 

24 if you are unmarried. If you are married, you and your spouse 

must go through the immigration and adoption process together. 

You must meet the processing requirements, which are designed to 

protect the orphan. For example, each adult member (18 years of 

age or older) of your household will need to be fingerprinted, and 

we will conduct background and criminal checks on all household 

members. A “home study” by a licensed adoption agency or a home 

study preparer is required.

How do I apply for orphan petition processing? 

We offer the following two options to apply: 

•	Option 1: You have not yet identified a child for 

adoption, but want to start the process. Getting your home 

study completed, documents, background and criminal checks, 

and our review of your eligibility often take the most time. 

Option 1 allows you to complete these steps early by using the 

two-step process below. 

1. Step one is to file Form I-600A. The I-600A focuses on your 

eligibility and suitability as adoptive parent(s). Please note that 

USCIS cannot approve the application for advance processing 

using I-600A until after home study has been approved by 

the home study preparer and received by USCIS. After an 

I-600A application for advance processing is approved and you 

identify a child for adoption, you are ready to begin the next 

step.

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2. The second step is to file Form I-600, which focuses on the 

child’s situation and eligibility as an orphan. When we approve 

the I-600, we will notify the U.S. Embassy or consulate so 

they can issue the child a visa to come to the United States. 

If you plan on traveling abroad to identify an orphan to adopt, 

we strongly recommend that you file your I-600A application 

for advanced processing and wait for it to be approved 

before you travel. Filing instructions and forms are available 

on our Web site at www.uscis.gov.

• Option 2: You want to wait to start the process until 

after you have identified a child to adopt. While this is a 

one-step process, it means the procedures that often take the 

most time, such as the home study, background and criminal 

checks, and our review, must be done while the child waits 

overseas. When we approve the I-600, we will notify the U.S. 

Embassy or consulate so they can issue a visa for the child to 

come to the United States. If you plan on traveling abroad to 

find the orphan you wish to adopt, we strongly recommend that 

you file an I-600A application for advanced processing and wait 

for it to be approved before you travel. Filing instructions and 

forms are available on our Web site at www.uscis.gov.

How old can an orphan be and still be eligible under this 

program? 

If you adopt through the orphan program, generally the I-600 must 

be properly filed before the child’s 16th birthday. The adoption can 

occur after the child’s 16th birthday, but only if the Form I-600 was 

filed before that day. 

A Form I-600 may be filed after the orphan’s 16th birthday, but 

before the orphan’s 18th birthday, but only if the orphan is the 

birth sibling of another foreign national child who has immigrated 

or will immigrate based on adoption by the same adoptive parents. 

If the other sibling immigrates as an orphan, then the Form I-600 

for the other sibling must have been filed before that sibling’s 16th 

birthday. If the other sibling immigrates as an adopted child under 

section 101(b)(1)(E) of the Immigration and Nationality Act, rather 

than as an orphan, the actual adoption must have occurred before 

that sibling’s 16th birthday. This provision for the immigration of 

an older sibling does not apply to adoptions under the Hague 

Convention.

What happens after the Form I-600 orphan petition 

is approved? 

After the I-600 is approved, we will notify the U.S. Embassy or 

consulate so they can issue the proper visa for the child to enter 

the United States. Regardless of whether or not you completed the 

adoption overseas, the U.S. Embassy or consulate will issue the 

child an immigrant visa for the child 

to enter the United States. 

•	If you complete the final adoption before the child enters the

United States, and you and your spouse have personally seen 

the orphan prior to or during the adoption proceedings abroad, 

then generally the child will automatically become a U.S. citizen 

when admitted with the immigrant visa provided the child is 

admitted to the United States before his or her 18th birthday. 

The child will be automatically processed to receive a Certificate 

of Citizenship instead of a Permanent Resident Card. 

•	If you wait to complete the final adoption in the United States

or the child is 18 or over on the day of admission, the child 

will become a permanent resident when admitted with the 

immigrant visa. The child automatically will become a U.S. 

citizen as long as you finalize the adoption prior to the child’s 

18th birthday. After you finalize the adoption, you can apply for 

a Certificate of Citizenship for your newly adopted child using 

Form N-600, Application for Certification of Citizenship. 

Filing instructions and forms are available on our Web site at 

www.uscis.gov. 

For more information about immigration processing for orphans, 

please see our manual M-249, The Immigration of Adopted and 

Prospective Adoptive Children. It is available on our Web site, or by 

calling Customer Service at 1-800-375-5283.

 II. HAGUE ADOPTION PROGRAM

Who is a Hague Convention adoptee? 

To be considered a Hague Convention adoptee under U.S. 

immigration law, a child must meet very specific conditions:

•	Be a habitual resident in a Hague Convention country and

adopted (or custody for adoption obtained) by a U.S. citizen 

who is a habitual resident in the United States. 

•	Be released by the child’s last legal custodian who has freely

given written irrevocable consent to the termination of his 

or her legal relationship with the child, and to the child’s 

emigration and adoption. The last legal custodian(s) may be:

- Two living natural parents who are incapable of providing 

proper care for the child;

- One natural parent, in the case of a child who has one sole or 

surviving parent because of the death or disappearance of, or 

abandonment or desertion by, the other parent; or

- Other persons or institutions that retain legal custody 

of the child. 

Who can file an Hague adoption petition? 

You must be a U.S. citizen and, if unmarried, be at least 25 years 

old prior to filing Form I-800. You may file Form I-800A at age 

24 if you are unmarried. If you are married, you and your spouse 

must go through the immigration and adoption process together. 

You must meet the processing requirements, which are designed 

to protect the child. For example, each adult member (18 years of 

age or older) of your household will need to be fingerprinted, and 

we will conduct background and criminal checks on all household 

members. A home study is also required by an adoption service 

provider authorized or approved by the U.S. Department of State, 

which is the U.S. Central Authority under the Hague Adoption 

Convention. 

How do I apply for Hague Adoption Convention 

processing? 

Unlike the orphan process, there is only one way to apply under the 

Hague Adoption Convention program. Further, prospective adoptive 

parent(s) must use the services of an “adoption service provider” 

authorized by the U.S. Department of State. 

1. Step one is to file Form I-800A. The I-800A focuses on your 

eligibility and suitability as adoptive parent(s). Please note that 

your home study must be submitted with the I-800A unless 
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your State of residence must approve the home study and 

will then forward it to USCIS. After an I-800A application is 

approved and you identify a child for adoption, you are ready to 

begin the next step.

2. The second step is to file Form I-800. Form I-800 can only 

be filed after the approval of the I-800A. Form I-800 focuses 

on the child’s situation and eligibility as a Hague Convention 

adoptee. When we provisionally approve the I-800, we will 

notify the U.S. Embassy or consulate, which will communicate 

to the Central Authority of the Hague Convention country 

that the adoption may proceed.

3. Step 3 is to complete the adoption. You may only proceed 

with the adoption (or legal custody for purposes of adoption) 

of the child after the provisional approval of your I-800 and 

after the U.S. Embassy or consulate has contacted the Central 

Authority of the Hague Convention country. After the adoption 

or custody is granted, the U.S. Embassy or consulate will issue 

finalapproval of the I-800 and issue the child a visa to come to 

the United States. 

4. Filing instructions and forms are available on our Web site at 

www.uscis.gov.

How old can a Hague Convention adoptee be and still be 

eligible under this program? 

If you adopt through the Hague Adoption Convention adoption 

program, the I-800 must be properly filed before the child’s 16th 

birthday. Generally, the date on which you actually file the Form 

I-800 is the official filing date. If you filed your Form I-800A after 

the child’s 15th birthday, but before the child’s 16th birthday, then 

the Form I-800A filing date also will be treated as the Form I-800 

filing date, provided that you file the Form I-800 within 180 days 

of the day on which USCIS approves the Form I-800A. Unlike the 

orphan program, there is no sibling exception as discussed above. 

What happens after the Form I-800 Hague adoption 

petition is approved? 

After the I-800 is approved, the U.S. Embassy or consulate will issue 

the proper visa for the child to enter the United States. After the 

I-800 is provisionally approved and the U.S. Embassy or consulate 

has contacted the Central Authority of the Hague Convention 

country, you can travel overseas and complete the adoption there, 

or you can bring the child to the United States and complete the 

final adoption here. Regardless of whether or not you complete the 

adoption overseas, the U.S. Embassy or consulate will issue the 

child an immigrant visa for the child to enter the United States. 

•	If you complete the final adoption before the child enters the

United States, in general the child will automatically become a 

U.S. citizen when admitted with the immigrant visa, provided 

the child is under the age of 18 on the day of admission. The 

child automatically will be processed to receive a Certificate of 

Citizenship instead of a Permanent Resident Card. 

•	If you wait to complete the final adoption in the United States,

the child will become a permanent resident when admitted with 

the immigrant visa. The child will automatically become a U.S. 

citizen as long as you finalize the adoption before the age of 18. 

After you finalize the adoption, you can apply for a Certificate 

of Citizenship for your newly adopted child using Form N-600. 

Filing instructions and forms are available on our Web site at 

www.uscis.gov.

For additional information regarding a Hague Convention adoption 

and the countries that are Convention members, please see our 

Web site at www.uscis.gov. III. IMEDIATE 

 III. IMMEDIATE RELATIVE PROCESSING

Who can file an immediate relative petition on behalf of 

an adopted child who is neither an “orphan” nor a Hague 

Convention adoptee? 

If you adopt a child, but did not go through the orphan or Hague 

adoption process, then the child is considered to be your child for 

immigration purposes when you meet the following requirements:

•	The adoption must be finalized before the child’s 16th birthday

(or the child’s 18th birthday if you also adopted a birth sibling 

of the child and the birth sibling is immigrating either as an 

orphan or as an adopted child who is not an “orphan” or Hague 

adoptee); and

•	The child must have lived with you for at least 2 years, either

before or after adoption (if adopted in a Hague Convention 

country on or after April 1, 2008, the 2-year period of residence 

generally must be satisfied outside the United States); and

•	The child must have been in your legal custody for at least 2

years, either before or after adoption (if adopted in a Hague 

Convention country on or after April 1, 2008, the 2-year period 

of custody generally must be satisfied outside the United 

States).

After meeting all of these requirements, you can file Form I-130, 

Petition for Alien Relative, for the child. See Customer Guide A1, 

How Do I Help My Relative Become a U.S. Permanent Resident?, for 

more information about relative petitions. Form I-130 can be filed 

with a USCIS Lockbox based on the petitioner’s place of residence. 

Please refer to the instructions on Form I-130 for mailing addresses. 

How can my adopted child become a U.S. citizen? 

After meeting the requirements listed above, you can file an I-130 

relative petition. In general, your adopted child will automatically 

become a U.S. citizen if the child becomes a permanent resident 

before the age of 18. A Form N-600 may then be filed to obtain a 

Certificate of Citizenship. However, if your adopted child was already 

18 years of age when he or she became a permanent resident, 

then your child may apply for naturalization using Form N-400, 

Application for Naturalization, after being a permanent resident for 5 

years. Filing instructions and forms are available on our Web site at 

www.uscis.gov.
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Key Information

Key USCIS forms referenced 

in this guide

Form #

Petition for Alien Relative I-130

Application for Advance Processing 

of Orphan Petition

I-600A

Petition to Classify Orphan 

as an Immediate Relative

I-600

Application for Certification of Citizenship N-600

Application for Determination of Suitability 

to Adopt a Child from a Convention Country

I-800A

Petition to Classify Convention Adoptee 

as an Immediate Relative

I-800

The Immigration of Adopted and Prospective 

Adoptive Children

M-249

Application for Naturalization N-400

Other U.S. Government Services–Click or Call

General 

Information

www.usa.gov 1-800-333-4636

Hague 

Adoption 

Convention 

information

1-877-424-8374

New 

Immigrants

www.welcometoUSA.gov

U.S. Dept. of 

State

www.state.gov 1-202-647-6575

For more copies of this guide, or information 

about other customer guides, please visit 

www.uscis.gov/howdoi. 

You can also visit www.uscis.gov to download 

forms, e-file some applications, check the status 

of an application, and more. It’s a great place 

to start!

If you don’t have Internet access at home or 

work, try your local library. 

If you cannot find what you need, please call 

Customer Service at: 1-800-375-5283 

Hearing Impaired TDD Customer Service: 

1-800-767-1833

Disclaimer: This guide provides basic 

information to help you become generally 

familiar with our rules and procedures. For 

more information, or the law and regulations, 

please visit our Web site. Immigration law 

can be complex, and it is impossible to 

describe every aspect of every process. You 

may wish to be represented by a licensed 

attorney or by a nonprofit agency accredited 

by the Board of Immigration Appeals.