Bringing Your Internationally Adopted Child to the United States

There are 3 ways for a child to immigrate to the United States based on adoption. Which path your adopted child follows will depend on their individual circumstances.

Adoption-based Immigration

Hague Process

If you filed Forms I-800A and I-800 in order to adopt, then your child is from a country that has implemented the Hague Adoption Convention (Hague). This means your child will enter the United States either with an IH-3 immigrant visa (if you adopted your child in a Hague country) or IH-4 immigrant visa (if you finalize the adoption in the United States).

Non-Hague Process

If you filed Forms I-600A and/or I-600 in order to adopt, then your child is from a country that has not implemented the Hague Adoption Convention. This means your child will enter the United States either with an IR-3 immigrant visa (adoption finalized in a non-Hague country and you [or your spouse, if married] saw your child prior to or during the adoption process) or an IR-4 immigrant visa (if you finalize the adoption in the United States).

Immediate Relative Process

If your child does not meet the requirements for the Hague or the non-Hague adoption processes, you may still be able to file Form I-130, Petition for Alien Relative, on their behalf as the adopted child of a U.S. citizen. Parents must accrue 2 years of legal and physical custody and obtain a full, final adoption of the child to be eligible to file a Form I-130. Legal and physical custody can be accrued in 1 period of time or cumulatively over several periods. They can also be accrued before, during and after the adoption. The 2 years must be accrued BEFORE you file Form I-130. Also, the adoption must be finalized before your child’s 16th birthday (or 18th birthday if they are a biological sibling of a child you have already adopted or will adopt). Your child will receive an IR-2 immigrant visa if they are found eligible.

If you are adopting from a Hague Convention country, certain restrictions apply that may prevent your child from immigrating to the United States using this process. Please fully research the adoption laws of the country you hope to adopt from before beginning the process.

Please see the topic “My child lives overseas with me” (in "Related Topics of Interest", below) for information on how your child might be able to acquire U.S. citizenship before moving permanently to the United States.

Humanitarian Parole

For information on humanitarian parole for a child in the adoption process, visit the Guidance on Evidence for Certain Types of Humanitarian or Significant Public Benefit Parole Requests webpage and review the section titled Requesting Parole for Children. You may also see the USCIS Policy Manual Volume 3-Humanitarian Protection and Parole, Part F-Parolees.