1. What is the difference between an IR-3 visa and an IR-4 visa?
An IR-3 visa is issued to a foreign-born child who has been adopted by a U.S. citizen abroad and is entering the U.S. to live permanently with the adoptive parent(s). An IR-4 visa is issued to a foreign-born child who has been adopted by a U.S. citizen outside of the U.S., but will be entering the U.S. for the purpose of completing the adoption process in the U.S. with the adoptive parent(s).
2. How do I qualify for an IR-3 or IR-4 Visa?
To qualify for an IR-3 or IR-4 visa, you must be the child of a U.S. citizen who was born abroad and has not yet been issued a Certificate of Citizenship or be the adopted child of U.S. citizens who meet the conditions of the Hague Convention on Intercountry Adoption. Additionally, the applicant must be under 21 years of age, unmarried, and must be entering the United States to reside permanently with his or her parent(s).
3. What documents do I need to apply for an IR-3 or IR-4 visa?
For an IR-3 or IR-4 visa, you will need to submit the following documents: a completed immigrant visa application form (Form DS-260); a valid passport; two passport-style photos; birth certificate (or other proof of parentage); evidence of legal custody (if applicable); evidence of financial support; and any additional documents required by the consulate or embassy.
4. What is the processing time for an IR-3 or IR-4 visa?
The processing time for an IR-3 or IR-4 visa can vary depending on the specific case. It can take anywhere from 6 to 12 months to process the application.
5. Are there any medical requirements for an IR-3 or IR-4 visa?
Yes. An IR-3 or IR-4 visa requires a medical exam and vaccination records for the applicant.
6. Can I bring my adopted child to the United States on an IH-3 or IH-4 visa?
Yes, adopted children of U.S. citizens can be brought into the United States on an IH-3 or IH-4 visa. The child must meet all foreign country adoption requirements and U.S. immigration requirements.
7. Is a home study required for an IH-3 or IH-4 visa?
Yes, a home study is required for an IH-3 or IH-4 visa. The home study will assess the prospective adoptive parents’ predisposition to adopt and their ability to provide a safe and nurturing home for the child.
8. How long is an IH-3 or IH-4 visa valid for?
An IH-3 or IH-4 visa is valid for 2 years.
9. What is the fee for filing an IH-3 or IH-4 visa application?
The fee for filing an IH-3 or IH-4 visa application is $190.
10. Do I need to undergo a fingerprinting appointment when applying for an IH-3 or IH-4 visa?
No, you do not need to undergo fingerprinting when applying for an IH-3 or IH-4 visa. Fingerprinting is required only for certain categories of applicants, such as those applying under the Diversity Immigrant Visa Program.
11. What documents must be submitted with an IH-3 or IH-4 visa application?
The documents required for an IH-3 or IH-4 visa application vary depending on the applicant’s nationality. Generally, all applicants must submit a valid passport, a completed application form, two passport-sized photographs, a copy of a birth certificate or other proof of relationship to the principal applicant, medical examination results, and other supporting documents such as evidence of financial support.
12. Can my adopted child travel in and out of the United States with an IH-3 or IH-4 visa?
Yes, an adopted child traveling in and out of the United States with an IH-3 or IH-4 visa can travel with a valid passport and valid visa. The IH-3 visa is for an adopted child who is immigrating to the United States while the IH-4 visa is for an adopted child who is already a U.S. citizen or lawful permanent resident, but who is traveling outside of the United States and returning.
13. What happens if my adopted child loses their passport and/or immigration documents while in the United States on an IH-3 or IH-4 visa?
If your adopted child loses their passport and/or immigration documents while in the United States on an IH-3 or IH-4 visa, you should contact the U.S. Citizenship and Immigration Services (USCIS) immediately. The USCIS will provide you with instructions on what to do to replace the lost documents. Depending on the situation, the USCIS may require additional documentation or a fee to process the request.
14. How long can my adopted child remain in the United States on an IH-3 or IH-4 visa before applying for permanent residence?
Your adopted child can remain in the United States on an IH-3 or IH-4 visa for up to two years before applying for permanent residence.
15. Are there any special requirements for my adopted child’s passport when applying for a U.S. immigrant visa (IR or IH)?
Yes, there are certain requirements that must be met when applying for a U.S. immigrant visa (IR or IH). These include providing supporting documents such as the adoption decree, legal documents validating the foreign adoption and evidence of the child’s citizenship. In addition, all applicants must provide a valid passport issued by the child’s country of origin. For more information, please contact the U.S. Department of State or refer to its website for specific details.
16. What is the difference between an immigrant visa (IR) and a nonimmigrant visa (IH)?
An immigrant visa (IR) allows the holder to live and work permanently in the U.S., while a nonimmigrant visa (IH) grants a temporary stay in the U.S. for a specific purpose, such as studying, working, or tourism. Immigrant visa holders are also eligible to apply for citizenship after a certain number of years in the U.S., while nonimmigrant visa holders must renew their visas or eventually leave the country.
17. What happens if my adopted child turns 21 before they can obtain their immigrant visa (IR or IH) for entry into the United States?
If your adopted child turns 21 before they can obtain their immigrant visa, they may still be eligible to immigrate if they qualify for an orphan or Hague adoption. In such cases, the US Citizenship and Immigration Services (USCIS) may waive the requirement for the adoptive child to be under the age of 18 at the time of adoption. Additionally, the USCIS may grant special immigrant status to children over the age of 21 who were adopted abroad and meet certain criteria. It is recommended that you consult with an immigration attorney to better understand the eligibility requirements and determine if your adopted child may still be eligible for immigrant status.
18. Is there a minimum age requirement for a child to be eligible for an immigrant visa (IR or IH)?
Yes, the minimum age requirement for a child to be eligible for an immigrant visa (IR or IH) is 21 years old.
19. Are there any special requirements if my adopted child was born outside of wedlock?
Yes, depending on the laws of the country or jurisdiction in which the child was born, there may be special requirements for an adoption of a child born out of wedlock. Generally, these requirements may vary depending on the situation and may include additional paperwork, court proceedings, or other steps that must be taken to complete the adoption.
20. Is adoption by a stepparent considered valid for immigrant purposes?
Yes. Adoption by a stepparent is considered valid for immigration purposes if all other legal requirements and criteria are met.