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Adoption FAQ - Frequently Asked Questions

4.

Who is eligible to file an orphan petition?

A married U.S. citizen and spouse (no special age) or an unmarried U.S. citizen at least 25 years of age may file an orphan petition. The spouse does not need to be a U.S. citizen. However, the spouse must be in the U.S. legally if living in the U.S.

5.

What is the quickest way to bring a foreign born orphan that I adopt to the U.S.?

The fastest way is to file Form I-600A, Application for Advance Processing of Orphan Petition, before you identify a foreign born child to adopt. This allows the USCIS to first process the application that relates to your ability to provide a proper home environment and your suitability as a parent. Then, once a child who meets the INA’s definition of orphan is identified, you must file Form I-600, Petition to Classify Orphan as an Immediate Relative, in Behalf of the child.

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6.

Should I do advance processing if I have already identified the child?

It is generally advisable for all prospective adoptive parents to do advance processing. You should do advance processing even if you are traveling to the country where the child is located and will file an orphan petition at an overseas Immigration office (or at an American consulate or embassy if there is no Immigration office in the country). By completing advance processing, you will ensure that USCIS has already processed the application that relates to your ability to provide a proper home environment and your suitability as a parent before you adopt a child in a foreign country. This is important, because you will not be allowed to bring a child that you have adopted to the U.S. if you are found to be unable to provide that child with a proper home environment or you are found unsuitable as a parent.

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