Adoption and immigration intersect when a U.S. citizen adopts a child from another country. The U.S. government allows internationally adopted children to immigrate and become lawful permanent residents through specific visa classifications based on where and how the adoption was completed.
USCIS plays a central role in the intercountry adoption process, working with the Department of State and adoption service providers to assess adoptive parent suitability and child eligibility for immigration.
If a child you have adopted or plan to adopt lives abroad, they must obtain an immigrant visa to enter the United States. Visas are issued through a U.S. embassy or consulate. The type of visa your child receives determines both their immigration status and how they may later qualify for U.S. citizenship.
A child may receive an IR-3 (non-Hague) or IH-3 (Hague Convention) visa when:
Key outcomes:
A child may receive an IR-4 (non-Hague) or IH-4 (Hague) visa when:
Key outcomes:
1.1.2. Three Distinct Legal Pathways To Follow
International adoption can proceed through three distinct legal pathways: the Hague process, the orphan (non-Hague) process, and the family-based petition process. Because each pathway has different legal requirements, forms, and consequences, it is critical to identify the correct process at the outset to avoid delays, denials, or loss of immigration eligibility.
Before USCIS will approve an intercountry adoption process (Hague or non-Hague), prospective adoptive parents must be found suitable and eligible. This involves submitting a home study, criminal and security checks, and supporting documentation. This evaluation helps USCIS determine if the family is capable of providing proper care to the child.
While adoption-based immigrant visas are governed by federal immigration law, state law may impose additional post-entry requirements, such as adoption finalization or formal recognition of a foreign adoption. These requirements vary by state and most commonly apply in IR-4 and IH-4 cases. Failure to complete required state procedures may delay or prevent issuance of U.S. citizenship documentation, even if the immigration process itself has been approved.
Children entering the United States with IR-3 or IH-3 visas who meet the requirements of the Child Citizenship Act (CCA) generally acquire U.S. citizenship automatically upon admission and receive a Certificate of Citizenship by mail.
Children admitted with IR-4 or IH-4 visas typically receive a Green Card upon entry and must complete the required state adoption or recognition process before citizenship can be documented, often through Form N-600 once all conditions are satisfied.
If an adoption is not finalized, not recognized under state law, or later disrupted or dissolved, additional legal steps may be required to secure or document the child’s immigration status or U.S. citizenship.
International adoption and immigration involve multiple legal layers: immigration law, international treaties, and state adoption requirements. Mistakes at any stage can delay the child’s visa or citizenship.
At the Law Offices of Metin Serbest, we assist families by:
Contact the Law Offices of Metin Serbest to discuss your international adoption plan, visa strategy, and citizenship pathway for your adopted child.