The purpose of this publication is to explain immingration benefits that may be obtained through adoptive relationships. This information is intended for adoptive and prospective adoptive parents of foreign-born children. It may also be of interest to adoption agencies as well as state and local officials involved in adoption proceedings.

Orphan petitions are the most common way of bringing foreign adopted and prospective adoptive children to the United States. Consequently, most of the information presented here is about the orphan petition. Basic orphan petition procedures are explained fully. Information is also included on some difficult issues that sometimes occur in orphan cases. These materials are comprehensive and meant for readers who want to avoid problems and/or delays in the adoption process.

These materials feature a section on immigration benefits that may be gained from adoptive relationships through procedures other than the orphan petition.There is also some general information on how a foreign-born adopted child can become a U.S. citizen. Above all, these materials alert prospective adoptive parents about some serious problems that may happen in foreign adoption cases. For example, unscrupulous adoption practices are common in many areas of the world.

Moreover, adoption of a foreign-born child does not guarantee the child’s eligibility to immigrate to the United States. The adoptive parent must comply with the U.S. immigration law and legal regulatory procedures. There is no way an orphan can legally immigrate to the United States without Immigration and Naturalization Service (INS) processing.

INS regulations require that all foreign adoptions undergo an investigation to guarantee compliance with the laws of both the United States and foreign sending country. When necessary, an overseas investigation is initiated. This investigation can cause delays in adjudicating the case. Prospective adoptive parents are advised to retain a reputable agency with foreign adoption experience or competent legal representation in their efforts to bring foreign-born children to the United States.

INS places a priority on processing adoption petitions. Many INS field offices have assigned individual officers and clerks to process orphan petitions and respond to inquiries from the petitioners concerning the status of their case. Prospective adoptive parents are encouraged to go through their adoption agencies for guidance and insight on the immigration of orphan and adopted children.

The U.S. Department of State’s Office of Children’s Issues coordinates policy and provides information to the public on international adoptions, including country-specific data. Prospective adoptive parents can contact the Office of Children’s Issues at (202)736-7000. Adoption information is also available on the State Department internet website at http://travel.state.gov.

Download The Immigration of Adopted and Prospective Adoptive Children

U.S. Department of Justice. Immigration and Naturalization Service.

PDF format, 2.5MB, 43Pages. 

How to Start:

1. File advance processing application before a child has been identified.
2. Locate a child to adopt who can be classified as an orphan according to the U.S. immigration law.*
3. File an orphan petition on behalf of the child.

Visit U.S. Citizenship and Immigration Services' Web Site

Welcome to U.S. Citizenship and Immigration Services.

On March 1, 2003, service and benefit functions of the U.S. Immigration and Naturalization Service (INS) transitioned into the Department of Homeland Security (DHS) as the U.S. Citizenship and Immigration Services (USCIS). USCIS is responsible for the administration of immigration and naturalization adjudication functions and establishing immigration services policies and priorities. These functions include:

    * adjudication of immigrant visa petitions;
    * adjudication of naturalization petitions;
    * adjudication of asylum and refugee applications;
    * adjudications performed at the service centers, and
    * all other adjudications performed by the INS.
    * Fifteen thousand (15,000) federal employees and contractors working in approximately 250 Headquarters and field offices around the world comprise the USCIS.

This About Us section of USCIS.gov (see the buttons on the left) provides information to introduce you to U.S. Citizenship and Immigration Services within the Department of Homeland Security. It also provides information about various administrative and management functions and responsibilities now within DHS that were once in the former Immigration and Naturalization Service.

From this section, Congressional offices can still find out how to file a request for information. You can also learn how to file an immigration-related Freedom of Information/Privacy Act (FOIA) request.

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