Visa Options for Adopted Children of U.S. Citizens

1. What visa options are available for adopted children of U.S. citizens?


There are two main types of visas available to adopted children of U.S. citizens: the IR-3 visa and the IR-4 visa.

The IR-3 visa is an immediate relative visa, which provides permanent residency and a pathway to U.S. citizenship for adopted children of U.S. citizens.

The IR-4 visa is for adopted children who have yet to be ‘adopted legally’ or have not been ‘habitually resident’ in the U.S. If issued, this visa will provide the same rights as those with an IR-3 visa, as long as the child’s adoption is finalized within two years of them entering the United States.

2. How can I apply for a visa for my adopted child?


You will need to apply for an immigrant visa for your adopted child through the United States Citizenship and Immigration Services (USCIS). The process will vary depending on if the adoption was finalized in the United States or abroad, so you should consult the USCIS website for information specific to your case. Generally, you will need to submit Form I-600A or Form I-600, depending on the circumstances, along with proof of the child’s eligibility for an immigrant visa.

3. Are there certain requirements that must be met for an adopted child to obtain a visa?


Yes, there are certain requirements that must be met in order to obtain a visa for an adopted child. The adopted child must meet the following requirements:

• The child must be under the age of 16 at the time of adoption.
• The adoptive parents must have an approved Form I-800A or Form I-800, “Petition to Classify Convention Adoptee as an Immediate Relative” on file with the U.S. Citizenship and Immigration Services (USCIS).
• The adoptive parents must have a final or provisional adoption decree issued by the foreign court that finalized the adoption. Note: If the adoption was performed in a country that is not a signatory to The Hague Convention on Intercountry Adoption, then the adoptive parents must also obtain an approved Form I-600A or Form I-600, “Application for Advance Processing of Orphan Petition” on file with USCIS.
• All U.S. immigration and adoption requirements must be met in order to obtain a visa for an adopted child.

4. Can I include my adopted child in the same visa application as my other children?


Yes, you can include your adopted child in the same visa application as your other children. However, the family must meet the requirements for the visa category and the adopted child must meet all of the requirements for adoption under U.S. immigration law.

5. How long does it take to process a visa application for an adopted child?


It depends on the type of visa applied for and the country from which the child is adopted. Generally, it can take up to one year to process a visa application for an adopted child.

6. What documents do I need to submit when filing a visa application for my adopted child?


When applying for a visa for an adopted child, you will need to submit the following documents:
• A copy of the child’s birth certificate
• A copy of the adoption decree or court order
• Form I-600A or I-600 (Petition to Classify Orphan as an Immediate Relative)
• Evidence of the adoptive parents’ legal U.S. residency
• Evidence of financial support that proves that the adoptive parent or parents can adequately support and care for the child
• A notarized affidavit of consent to the adoption from the child’s birth parent or parents, if applicable
• A copy of the child’s medical records, if applicable
• The results of any required medical examinations for both the adoptive parent(s) and child

7. What is the age limit for an adopted child to be eligible for a U.S. visa?


The age limit for an adopted child to be eligible for a U.S. visa is under 18 years of age.

8. Is an interview or medical examination required for an adopted child’s visa application?


Yes, an interview and medical examination are typically required for an adopted child’s visa application. The purpose of the interview is to make sure that the child is eligible for the visa and that the adoption was done legally. The medical exam is to ensure that the child is in good health and does not have any contagious diseases.

9. Is there a fee to apply for a visa for an adopted child?


Yes, there is a fee to apply for a visa for an adopted child. The fee amount varies and depends on the type of visa you are applying for.

10. Are there additional fees associated with obtaining a visa for an adopted child?


Yes, additional fees may be associated with obtaining a visa for an adopted child, depending on the country from which the child is adopted. The U.S. Department of State website provides a list of countries and their associated visa fees.

11. What is the validity period of a visa issued to an adopted child?


Most adopted children are eligible for an IR-3 or IR-4 visa, which is usually valid for 5 years.

12. Is there a required waiting period before an adopted child can travel on their visa?


Yes. After the adoption is finalized, the child must wait for their immigrant visa to be issued and approved before they can travel. Generally, this process takes several months, but the exact wait time will depend on the country of origin and type of visa.

13. Can an adopted child travel to the U.S. without their adoptive parents?


Yes, an adopted child can travel to the U.S. without their adoptive parents, provided they are over 21 years old and have necessary travel documents and proof of their legal adoption status. Children under 21 years old need to be accompanied by their adoptive parents or a legal guardian.

14. Is it possible to extend or renew the visa of an adopted child?


Yes, it is possible to extend or renew the visa of an adopted child, depending on the visa requirements of the child’s home country. Depending on the type of visa, the requirements for renewal or extension may vary. Generally, a copy of the adoption decree and proof that the adoption has been finalized are required when applying for the extension or renewal.

15. Is it possible to change the status of an adopted child’s visa after they arrive in the U.S.?


Yes, it is possible to change the status of an adopted child’s visa after they arrive in the U.S. The adoptive parents must file a petition with United States Citizenship and Immigration Services (USCIS) to change the visa status. The USCIS will review the petition and determine if the child is eligible to adjust their status and receive lawful permanent residence.

16. Are there any restrictions on the activities of an adopted child once they enter the U.S.?


Yes, there are certain restrictions for adopted children once they enter the United States. The most common restrictions are related to travel outside of the United States. U.S. immigration laws require that adopted children are issued a passport and an immigrant visa before they can enter the United States. There may also be restrictions on a child’s eligibility for certain federal benefits, such as health care, education, and social security benefits. Lastly, adopted children may be subject to additional travel and immigration regulations if their birth country has any special regulations related to international adoptions.

17. How long can an adopted child stay in the U.S.?


The length of time an adopted child can stay in the U.S. depends on the type of visa they have. Generally, with an IR-3 or IH-3 visa, which are granted to children who have been adopted abroad, the child can stay in the U.S. as a permanent resident. If the adoption occurred in the U.S., however, then the child must go through a process of adjustment of status to become a permanent resident under the Immigration and Nationality Act. This process typically takes several years and requires that the adoptive parents file paperwork with U.S. Citizenship and Immigration Services (USCIS).

18. Are there any special considerations for adopted children who wish to attend school in the U.S.?


Yes, there are special considerations for adopted children who wish to attend school in the U.S. Adopted children may be eligible for certain educational benefits, including tuition assistance or fee waivers, depending on the state they live in. Additionally, some states may require that adopted children complete an application process or provide additional documents to prove their adoption status. Finally, adopted children may be eligible for certain educational services, such as special education or counseling services that are not available to students with no special needs or circumstances.

19. Can my adopted children’s visas be revoked if they violate any immigration laws while in the U.S.?


Yes, adopted children’s visas may be revoked if they are found to have violated any immigration laws. Depending on the severity of the violation, it may also lead to deportation proceedings.

20. Will my adopted children need to reapply for visas if they leave the U.S.?


Yes, most adopted children will need to reapply for visas if they leave the U.S. However, the type of visa they will need to apply for will depend on the country they are visiting and the specific requirements of the country. It is best to consult with an immigration attorney before traveling abroad to ensure that all the necessary documents are obtained.