Adoptions

Immigration through adoption, or intercountry adoption, refers to the adoption of a child born in one country by an adoptive parent living in another country.

United States immigration law provides three different processes through which someone may immigrate on the basis of an intercountry adoption. An individual may immigrate under one of these provisions only if the individual’s adoption meets all the requirements of that specific process.

Two separate processes apply only to children adopted by U.S. citizens. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.

The Hague Process: if the child habitually resides in a country that is a party to the Hague Intercountry Adoption Convention.

The Orphan Process: (non-Hague): if the Hague Intercountry Adoption Convention does not apply.

Many aspects of the Hague and Orphan requirements are similar.

In the third process, a U.S. citizen or permanent resident may petition for his or her adoptive child through an Immediate Relative Petition.