Children Adopted Overseas by a U.S Citizen (IR-3) Visa for the U.S.

Several U.S residents desire to adopt children from overseas nations and then taking them to the U.S to stay together as a household member. To be eligible to do so, the adopted child should have a lawful U.S permit and be permitted to arrive the U.S. When U.S nationals complete adoption process outside of the U.S, in the adopted child’s home nation, then the child is qualified to get the IR-3 visa. The IR-3 permission permits the child to come and stay in the U.S with the adopted parents, appear school, getting admitted in a higher education studies, do job without an Employment Authorization Document (EAD), and finally get U.S nationality when appropriate. The IR-3 visa as all the permits in the Immediate Household group does not have a cover, so any child likely to obtain the IR-3 permit will be managed upon application and does not require to wait for their priority date to become current.

There are two kinds of adoption standard by the U.S government, and they rest on the nation from where the child was accepted and these are:

1. Hague country convention adoptions
2. Non-Hague country adoptions

The Hague Adoption Convention was signed in 1993 and specified rules and regulations about intercountry adoption. Depending on whether the U.S citizen adopts the child from a Hague Convention Country or a Non-Hague Convention Country, the application procedures change. The following countries are part of The Hague Convention Countries; however, U.S citizens are not allowed to adopt children from the countries in bold due to other political reasons.

Adopting from any other countries than those above means that the U.S citizen is adopting outside the Hague Convention rules and other regulations and application procedures will apply.

The IR-3 visa has necessities for both the child being adopted as well as the U.S residents. These obligations decide the suitability of the child for the IR-3 visa and are as follows:

• The child must be qualified founded on the U.S Immigration and Nationality Act (INA)
• The child should be under 21 years old
• The child should be from either a Hague or Non-Hague Convention Nation
• The U.S national parent should be willing to adopt the child and pass an eligibility check by the U.S Citizenship and Immigration Services (USCIS)
• The U.S resident must aim to bring the child to the U.S to live with them
• The U.S national must have a legal U.S address

If the U.S inhabitant has already adopted the child and has lived with them in a overseas nation for at least two years, then the child is qualified for an IR-2 visa and does not require to go through the IR-3 visa application procedure.

There are different measures for obtaining the IR-3 permit based on the nation that the adoption is being done, below will be the appeal processes equally for The Hague and Non-Hague Country Agreements.

Hague Country Agreement Application Processes

• Choose your favored Adoption Service Provider, which also must be U.S Attributed or Permitted. This will confirm that you will follow the guidelines and your adoption provider is also within relevant rules and guidelines.
• Obtain authorization for Adoption Aptness. You must submit Form I-800A, Determination on Suitability to Adopt a Child from a Convention Country to USCIS. To submit this form, you should complete a background check, biometric check. If permitted, USCIS will decide the age range and quantity of children you are permitted to adopt as well as if you are permissible to adopt a child with special needs.
• Apply to adopt and become matched with a child in your preferred Hague Convention Country. The authorities of the adoption country will review your documents and approval from USCIS and find an eligible child which you can adopt. Each Hague country might have different requirements, so make sure to check what you need to submit. When the authorities of that country have found children, which meet the eligibility criteria, they will send referral documents to you. The papers will contain the background of the child, family history, medical history, as well as any other special needs. The file will also have signed consent by the necessary parties (adoption centre, biological parents’ permission, etc).
• Confirm that the child is qualified for immigration by conforming a appeal to USCIS by completing Form I-800, Appeal to Classify Convention Adoptee as an Direct Relative. All of these stages must be accomplished, and you should show that you have not yet obtained the adoption or custody of the child. The purpose for that is to avoid U.S residents adopting children who might be found unqualified to immigrate according to U.S laws. If USCIS approves your petition, then you may move on to the next step.
• Submit Form DS-260, Online Immigrant Visa Application to the U.S Embassy or Consulate of the country in which you are adopting the child. The DS-260 will require information about the child’s background and other details. You must submit the form online and obtain a confirmation letter of submission.
• If all the procedures are approved, and in order, the U.S Embassy or Consulate in the country in which you are adopting will issue a letter called Article 5/17 Letter which establishes that the child is eligible to immigrate in the U.S. Only after receiving this letter you can obtain an adoption or guardianship order.
• Submit the IR-3 visa application procedure for your child by submitting the supportive documents such as the child’s birth certificate and passport. Furthermore, book an appointment for an interview at the U.S Embassy and attend the interview. During this interview, make sure to submit your final adoption or guardianship order to the officials.

Non-Hague Agreement Appeal Process

• Select a favored adoption centre in the country you want to adopt the child.
• Submit Form I-600A, Petition for Advance Processing of an Orphan Apeeal to USCIS to decide your eligibility as an adoptive father or mother. USCIS will run a background check, thumbprint check, and a home study to decide whether or not you are qualified to take custody children. However, in contrast to The Hague Convention Country adoption procedure, it will not appraise a child’s classification as an orphan.
• Get an adoption or custody order from the authorities of the country in which you are adopting the child.
• Submit Form I-600, Petition to Categorize Orphan as an Direct Relative to USCIS so that you can get permission on whether the child is qualified for immigration under U.S law. Affix supportive documents to the petition too such as:
  • The child’s birth certificate or written clarification about the identity and age of the child if the birth certificate is not available
  • Proof that the child does not have parents or that the biological parents are incapable to provide appropriate attention and have agreed to give up their child for adoption
  • Proof that the adoption has been finished or that you intend to adopt the child
  •  USCIS or a Consular Official in the nation you are adopting the child from will finish Form I-604. If the form has been permitted, the National Visa Center (NVC) will inform you on the next steps you must take.
  • Conform the IR-3 visa appeal by filing Form DS-260, Online Immigrant Visa Application as well as book for your visa interview. At the interview, give your complete file of documents for the child’s adoption.

Reliant on which application process you will follow, you must pay the fees associated with filing the forms as well as other supporting charges. The amounts are decided by USCIS, but in overall, these are the charges that apply:

• Form I-800A filing fee
• Form I-800 filing fee
• Form DS-260 processing fees
• Form I-600A filing fee
• Form I-600 filing fee
• Translation fees
• Fees for obtaining supporting documents