China Adoption Factsheet, Page 5
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U.S. IMMIGRATION REQUIREMENTS
A Chinese child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.
A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Beijing. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Beijing for more information.
An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:
- The adoptive or prospective adoptive parent must be an American citizen;
- The child must be under the age of 161 at the time an I-600 Petition is filed with the USCIS on his or her behalf;
- If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
- If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
- The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by USCIS can be found on USCIS''s web site at http://www.uscis.gov.
U.S. IMMIGRATION PROCEDURES FOR ORPHANS
I. The Petition.
Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.
A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Beijing .
Detailed information about filing these forms can be found on USCIS''s web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from China should request, at the time they file these forms, that USCIS notify the U.S. Embassy in Beijing as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an USCIS office in the US.
II. The Orphan Investigation
One part of the petition process that USCIS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation is performed by a consular officer at the time of the child''s immigrant visa interview.
WORKING WITH THE U.S. CONSUALTE ON THE VISA: Under the U.S. Immigration and Nationality Act (INA), consular officers can only adjudicate approvable I-600 petitions. If there are any questions regarding the eligibility for orphan status or whether petition conditions have been met, consular officers must refer these petitions to the USCIS office in Guangzhou. When an orphan petition (I-600) is sent to an American embassy or consulate for possible issuance of an immigrant visa (form OF-230) to the child, or when an orphan petition is filed at an American embassy or consulate, a consular officer does an overseas orphan investigation as part of the normal processing. This is usually done very quickly. However, the investigation and visa processing can sometimes be lengthy, especially when adoptive parents employ irregular practices to adopt a child, making the petition "not clearly approvable." USCIS form I-604, Request for and Report on Overseas Orphan Investigation is used by USCIS and consular officers.
When the Chinese notarized formalities are completed, the USCIS petition to Classify an Orphan as an Immediate Relative (I-600) may be filed for the child at USCIS Beijing, USCIS Guangzhou, or any of the U.S. Consulate generals in Chengdu, Shanghai, or Shenyang for forwarding to the Consulate general in Guangzhou, or any USCIS office. While all U.S. Foreign Service posts in China may adjudicate I-600 forms, it is advisable to do so in Guangzhou. Since all immigrant visas in China are issued at the Consulate General in Guangzhou, petitions filed at other posts will be sent to Guangzhou for processing. It is generally much faster for those adopting parents who wish to return to the U.S. immediately with the child to file petition at the Consulate General in Guangzhou.
When the petition is filed at the Embassy or a Consulate, the petitioner (or at least one of the members of a married adoptive couple) and the child must be physically present in the consular district. The I-600 is filed by one person but if the petitioner is married, the petitioner''s spouse must also sign the petition. Both parties must sign the I-600 after the child has been identified and seen by at least one parent. This means that if one party has gone abroad to arrange the adoption, the spouse abroad must send the I-600 to the spouse in the United States (generally by express courier) with the child''s identity information completed. The original signature of both spouses must appear, reflecting their informed concurrence in the process. USCIS suggests that the traveling spouse leave the original I-600 with the spouse in the U.S., fax the information after the adoption, to the spouse in China by international courier. If the petitioner is married and his or her spouse has not seen the child before or during the adoption proceedings, then the child must be readopted in the U.S. To do this, the petitioner must show he or she has met state pre-adoption requirements. USCIS makes this determination at the time the I-600A is filed or it must be established that pre-adoption requirements have been met at the time of filing the I-600 at the embassy or consulate.
If USCIS has already approved an I-600A advanced processing petition, the I-600 petition may be filed and adjudicated at the embassy or consulate to which the I-600A was sent. If advanced approval has not yet been granted, the I-600 petition must be forwarded to the USCIS for adjudication. If so, as noted above, a home study and fingerprinting of parent(s) and any state pre-adoption requirements will be necessary, perhaps requiring several months to complete. It should be noted again that the power of attorney is not accepted by USCIS, and both spouses must sign the I-600 form.
Before departing the U.S., the U.S. Consulate General in Guangzhou strongly advises adoption agencies and/or adoptive parent(s) to set an appointment for the immigrant visa interview, and not make final travel plans until the appointment has been confirmed in writing. Appointments are scheduled on a first-come, first-serve basis, Monday through Thursday beginning at 9:00am. *Due to increased demand, it is no longer possible to obtain same-day visa issuance; instead, visas are generally available the following afternoon*. A parent(s) proceeding to China to complete the adoption process should plan on three to four days in Guangzhou to complete their child''s medical exam and immigrant visa processing. The Consulate general cannot guarantee issuance of the visa in advance of the interview.
Credits: U.S. Department of State
