USCIS Requirements

How to apply to bring a foreign-born orphan to the United States

The content below is reprinted from the U.S. Citizenship and Immigration Services website.

Who is considered an orphan?
Under U.S. immigration law, a foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday. An orphan petition may be filed before the child's 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents.

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 here legally if living in the United States. To make the adoption process faster, you may apply for advanced processing before you actually find an orphan to adopt. An application for advance processing may be filed by anyone eligible to file an orphan petition. An unmarried U.S. citizen may file an application for advance processing if the U.S. citizen is at least 24 years of age and will be at least 25 when an orphan petition is filed on behalf of an actual child and when the child is adopted.

Where can I find the law?
The complete orphan definition can be found in the Immigration and Nationality Act (INA) at Section 101(b)(1)(F). The specific eligibility requirements and procedures for applying for immigration benefits for an orphan are included in the Code of Federal Regulations [CFR] at 8 CFR § 204.3.

How do I apply?
The fastest way is to file USCIS 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 USCIS Form I-600 (Petition to Classify Orphan as an Immediate Relative) on behalf of the child.

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