Chapter 3 - Identity and Age

A. Identity

The child’s identity must be properly documented.^[1]

B. Age

Even if the prospective adoptive parent (PAP) has not yet completed the adoption or obtained all of the required supporting documentation, the PAP must file the Petition to Classify Orphan as an Immediate Relative (Form I-600) before the child turns 16^[2] unless one of the following exceptions apply.^[3]

Sibling Exception

A child 16 years of age or older qualifies for the sibling exception if the child is under the age of 18 at the time the petition is filed and that child's birth^[4] sibling:

• Is or was previously classified as an orphan^[5] while under the age of 16 and is coming to the United States to be adopted by the same PAP(s); or

• Meets the definition of adopted child for a family-based adoption petition^[6] and was under the age of 16 at the time of adoption by the same PAP(s).

Suitability Application Exception for Certain 15-Year-Olds

USCIS deems the suitability application^[7] filing date to be the petition filing date if both of the following requirements are met:^[8]

• The PAP filed the suitability application after the child's 15th birthday, but before the child's 16th birthday (or, if the sibling exception applies, after the child's 17th birthday but before the child's 18th birthday); and

• The PAP files the petition not more than 180 days after the initial approval of the suitability application.

Footnotes

[^ 1] See Chapter 7, Documentation and Evidence, Section B, Required Evidence [5 USCIS-PM C.7(B)].

[^ 2] For more information on filing timeframes, see Volume 1, General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 6, Submitting Requests, Section D, Filing Periods Ending on Weekends or Federal Holidays [1 USCIS-PM B.6(D)].

[^ 3] USCIS generally issues a Request for Evidence for the remaining supporting documentation. See Chapter 8, Adjudication, Section E, Decisions and Actions, Subsection 3, Requests for Evidence and Notices of Intent to Deny [5 USCIS-PM C.8(E)(3)].

[^ 4] In this Volume, USCIS uses birth and natural synonymously.

[^ 5] See INA 101(b)(1)(F).

[^ 6] See INA 101(b)(1)(E).

[^ 7] See Application for Advance Processing of an Orphan Petition (Form I-600A).

[^ 8] While regulations at 8 CFR 204.3 do not directly address the relationship between the separate filing of a Form I-600A and the statutory requirement to file the petition while the child is under the age of 16 (or, as permitted in INA 101(b)(1)(F)(ii), under the age of 18), this exception is consistent with the regulations for Hague Adoption Convention cases.