I am a US Citizen and I want to Petition my 11-years old Adopted Daughter

by
immigration attorney

U.S. Visa for Adopted Children

US visa for adopted children: choose the right path (Hague, non-Hague, or IR-2)

Bringing an adopted child to the U.S. requires matching your case to the correct visa category and process. However, the steps differ based on whether the child’s country is a Hague Convention country, a non-Hague country, or the child already qualifies through a prior full and final adoption with two years of legal custody and joint residence. We map the right route so you avoid delays.

The three main routes (quick map)

  • Hague countries → IH-3 / IH-4

    • File I-800A (pre-approval), then I-800 for a specific child.

    • IH-3 if adoption is final abroad; IH-4 if adoption will be finalized in the U.S.

  • Non-Hague countries → IR-3 / IR-4

    • File I-600A (pre-approval), then I-600 for the child.

    • IR-3 if adoption is final abroad and both parents (if married) saw the child; IR-4 if finalization will occur in the U.S.

  • Already adopted & lived together → IR-2

    • If the adoption was completed before age 16 (or 18 for certain siblings) and the U.S. citizen parent had 2+ years of legal custody and joint residence, the child may immigrate as an IR-2 without the orphan/Convention steps.

Core eligibility (what officers verify)

  • Child’s age & status: under 16 at adoption (limited sibling exception to 18); truly orphan/Convention adoptee if using IR/IH routes.

  • Parent’s status: at least one U.S. citizen parent (for IR/IH), or petitioning U.S. citizen for IR-2.

  • Custody & residence evidence: court orders, joint residence timelines, and travel/visit records.

  • Ethics & consent: birth parent consents/termination, no improper payments, and accredited provider use for Hague cases.
    Therefore, clear documents and timelines are essential.

Step-by-step timelines (high level)

Hague (IH-3/IH-4)

  1. Home study with Hague-accredited provider → I-800A approval.

  2. Child match & Article 5/17 approvals → I-800.

  3. Finalize adoption abroad (IH-3) or complete guardianship abroad and finalize in the U.S. (IH-4).

  4. Visa issued → entry to the U.S. → citizenship rules vary by category/finalization.

Non-Hague (IR-3/IR-4)

  1. Home study → I-600A approval.

  2. I-600 for the child with orphan proof.

  3. Adoption final abroad (IR-3) or finalize in the U.S. (IR-4).

  4. Visa issued → entry → follow state post-placement requirements.

IR-2 (already adopted)

  1. File I-130 with adoption decree + proof of 2-year legal custody and joint residence.

  2. NVC/consular processing → IR-2 visa → entry as LPR.

  3. Child’s citizenship may be automatic under the Child Citizenship Act once residing in the U.S. in the USC parent’s legal and physical custody.

Citizenship after entry (don’t miss this)

  • IR-3 / IH-3: Usually automatic citizenship upon entry if other conditions are met; USCIS may mail a Certificate of Citizenship.

  • IR-4 / IH-4: Citizenship after U.S. finalization; then apply for a Certificate of Citizenship and passport.

  • IR-2: Often automatic if under 18 and residing with the USC parent as an LPR; still apply for the Certificate of Citizenship to lock status.
    As a result, your checklist should include the passport and Certificate of Citizenship steps right after arrival/finalization.

Documents checklist (organize early)

  • Home study (Hague-compliant if applicable)

  • Adoption/guardianship orders, consents/terminations, translations

  • Birth certificate(s), identity pages, and medical exams

  • Proof of U.S. citizenship of parent(s) and marriage/divorce records

  • Evidence of visits (for IR-3) or joint residence & legal custody (for IR-2)

  • Accredited provider agreements (Hague), fee disclosures, and ethical compliance records

Pitfalls that cause delays (and how to avoid them)

  • Starting I-130 (IR-2) without iron-clad 2-year custody + residence proof → shore up records first.

  • Using a non-accredited agency for a Hague case → always confirm accreditation.

  • Missing age cutoffs (16/18 sibling rule) → file before birthdays.

  • Incomplete or inconsistent translations and names/dates → standardize across all filings.

  • Skipping re-adoption or recognition in your U.S. state when required → finalize promptly to secure citizenship.

FAQs

Do both married parents need to see the child for IR-3?
Yes—otherwise the case may be IR-4 with U.S. finalization.

Can single U.S. citizens adopt for immigration?
Often yes, if the child’s country and U.S./state law allow it and the visa category fits.

What if the country is Hague but the process looks like IR-3/IR-4?
If Hague applies, you must follow I-800A/I-800; otherwise the visa can be refused.

Is IR-2 faster than IR/IH?
Sometimes. However, you must already meet the two-year custody + residence rule; many families won’t.

How we help

First, we confirm whether your case is Hague, non-Hague, or IR-2. Next, we build a compliant file (home study, custody/residence, ethics). Then, we steer consular processing and state court finalization. Finally, we secure your child’s citizenship document and U.S. passport.

Ready to plan a US visa for your adopted child? Schedule a consultation or call (562) 495-0554.

Disclaimer: General information, not legal advice. Rules and country practices change; we confirm the requirements in effect when you file.

I’m a U.S. Citizen. How Do I Petition my 11-Year-Old Adopted Daughter?

Great news: U.S. law provides multiple paths for adopted children. Which path you use depends on where the adoption occurred and whether Hague rules apply.

1) Which process fits your case?

  • Hague Convention country (most common): Use the I-800A/I-800 process before the adoption is finalized abroad. Your child typically enters on an IH-3/IH-4 visa, becomes a lawful permanent resident (LPR), and may acquire automatic citizenship after entry under INA §320 once living with you in the U.S.
  • Non-Hague “orphan” process: Use I-600A/I-600 for a child who meets the orphan definition; the child enters on IR-3/IR-4 and becomes an LPR, with citizenship under INA §320 after admission and residence with you.
  • Already fully adopted (no Hague/I-600 route used): You may file an I-130 if your child meets INA §101(b)(1)(E): (a) full and final adoption before age 16 (or before 18 if a qualifying sibling exception applies), and (b) two years of legal custody and joint residence with you (time can be before or after the final decree).

2) Where the child is now

  • Outside the U.S.: Consular processing for an immigrant visa (IH/IR classification).
  • Inside the U.S. in valid status: File I-485 to adjust status (if visa classification/priority allows).

3) Evidence checklist

  • Certified adoption decree and proof of termination of prior parental rights.
  • Proof of legal custody and two years of joint residence (leases, school/medical records, travel entries).
  • Your U.S. citizenship proof, the child’s birth certificate, translations, and, if Hague applies, central authority approvals.
  • I-864 (Affidavit of Support) where required; some Hague/IR-3 cases use I-864W exemption.

4) Citizenship step

Once admitted as an LPR and living in your legal and physical custody in the U.S. before age 18, your daughter automatically becomes a U.S. citizen by operation of law (INA §320). Then apply for a U.S. passport and/or Form N-600 for a Certificate of Citizenship.

5) Practical tips
Start with the correct track (Hague vs. I-600 vs. I-130), keep meticulous residence/custody proof, and avoid travel gaps. We can map the fastest, compliant route to bring your daughter home and document her citizenship.

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