USCIS immigration adoption requirements will depend on whether the county you are planning to adopt from is a Hague Adoption Convention or a Non-Hague Adoption Convention country. If you are adopting from a Hague country that child is called an “adoptee” while the non-Hague child is called an “orphan.” Both parents do not have to be deceased for the child to be an orphan as you will learn later in this article.

1. U.S. Citizenship: You must be a U.S. citizen to be able to adopt. Lawful permanent residents are ineligible.
2. Child’s Residence: The child must be living in a country that is party to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.
3. Marital Status: If you are married your spouse must also adopt the child. If you are unmarried, you must be 25 years of age or older. Additionally, the child must be unmarried.
4. Legal custody and joint residence requirements: You do not have to meet the 2-year legal custody and joint residence requirements, if you are adopting from a Hague country. Additionally, you must be a habitual resident of the U.S.
5. Child’s Age: The adoption must be finalized before the child’s 16th birthday and the visa petition must be filed before the child’s 16th birthday.
6. Birth parents: The child’s birth parents must freely give their written irrevocable consent to the termination of their parental rights.
7. Home study: A home study must be conducted and approved before the child may immigrate to the U.S.

U.S. classifies non-Hague children as orphans. Prospective parents must file I-600, Petition to Classify Orphan as an Immediate Relative, in conjunction with Form I-600A, Application for Advance Processing of Orphan Petition, to see if the child qualifies to immigrate to the United States.

1. U.S. Citizenship: You must be a U.S. citizen to be able to adopt. Lawful permanent residents are ineligible.
2. Child’s Residence: The child must be living in a country that is party to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.
3. Marital Status: If you are married your spouse must also adopt the child. If you are unmarried, you must be 25 years of age or older. Additionally, the child must be unmarried.
4. Legal custody and joint residence requirements: You do not have to meet the 2-year legal custody and joint residence requirements, if you are adopting from a Hague country. Additionally, you must be a habitual resident of the U.S.
5. Child’s Age: The adoption must be finalized before the child’s 16th birthday and the visa petition must be filed before the child’s 16th birthday.
6. Birth parents: The child’s birth parents must freely give their written irrevocable consent to the termination of their parental rights.
7. Home study: A home study must be conducted and approved before the child may immigrate to the U.S.