Adoption-Based Immigration: Three Pathways—Hague Convention, Orphan, and Family-Based I-130

01

Three Procedures

The Policy Manual lists the Hague Convention process (generally for adopting children habitually resident in Convention countries), the orphan process (generally for non-Convention countries), and the family-based I-130 process. For children from Convention countries, U.S. citizens generally cannot use the orphan or family-based process instead unless they establish that the Convention does not apply.

Corresponding forms: Hague Convention— I-800A (determination of suitability to adopt) and I-800 (petition for a Convention adoptee); orphan process—I-600A (advance processing) and I-600 (orphan petition).

02

Requirements for Family-Based Adoption

8 U.S.C. 1101(b)(1)(E) provides that a child must have been adopted before age 16 and must have resided with and been in the legal custody of the adoptive parent or parents for at least two years (or have been abused by the adoptive parent or parents or a member of their family residing in the same household). For a biological sibling of an adopted child who is adopted by the same parent or parents, the adoption age limit is extended to before age 18. After the adoption, the biological parents may no longer obtain immigration benefits through that relationship.

03

Definition of an Orphan

The orphan process requires that the child be under age 16 when the petition is filed; have become an orphan because of the death, disappearance, abandonment, or separation of both parents, or have a sole or surviving parent who is unable to provide care and has irrevocably relinquished the child in writing; and be adopted abroad jointly by a married U.S. citizen couple or by an unmarried U.S. citizen who is at least 25 years old, with at least one adoptive parent having personally seen the child before or during the adoption (or be coming to the United States for adoption).

04

Green Card or Automatic Citizenship

Under INA 320 (the Child Citizenship Act, effective February 27, 2001), an adopted child automatically becomes a U.S. citizen when the child has entered as a permanent resident, resides in the United States in the legal and physical custody of a U.S. citizen parent, and is under age 18; the child may apply for a Certificate of Citizenship using Form N-600. A child who does not meet the requirements for citizenship upon entry first obtains a green card and then automatically acquires citizenship once all requirements are met.

The USCIS financial sponsorship page also states that children of U.S. citizens who will automatically acquire citizenship under INA 320 upon entry do not need Form I-864.