How to Get an Immediate Relative Visa for Adopted Children

An adopted child of a United States citizen qualifies as an immediate relative, which means a visa is available as soon as the petition is approved rather than after years on a waiting list. To get an immediate relative visa for an adopted child, you file one of three petitions with U.S. Citizenship and Immigration Services depending on where the child lives and whether the adoption is already final, complete a home study and consular processing, and bring the child to the United States on an IR-3, IR-4, IH-3, or IH-4 visa. The pathway you choose at the start controls almost everything that follows, so getting it right matters more than any other single decision in the process.¹

Pick the Right Pathway First

Federal law creates three separate routes, and the child’s country of residence plus the status of the adoption determine which one applies.

Form I-130, family-based petition. For adoptive parents who have already had legal custody of the child and lived with the child for at least two years. Both citizens and lawful permanent residents can file.²
Form I-600, orphan petition. For a child who meets the federal orphan definition and lives in a country that has not joined the Hague Adoption Convention. Only citizens may file.³
Form I-800, Hague Convention petition. For a child living in one of the 107 countries that are party to the Hague Convention. Only citizens may file, and they must first have an approved Form I-800A confirming their suitability to adopt.⁴

The processing timelines diverge sharply. As of early 2026, the median I-600 orphan petition takes roughly 16.5 months, while the median I-800 Hague petition takes about 1.7 months.⁵ The country the child lives in largely dictates which of these you’ll face.

Age, Marital Status, and the Sibling Exception

Whichever pathway applies, the child must meet the same baseline rules. The adoption has to be legally finalized before the child turns 16, and the deadline runs to the date of the final adoption decree, not the filing date of the petition.⁶

There is one exception. If you have already adopted a child who qualified under these rules before turning 16, you can adopt that child’s biological sibling up to age 18 and still have the sibling qualify as an immediate relative.⁶ The sibling must be adopted by the same parents, and the previously adopted child must have met the orphan or adopted-child definition while under 16.⁷

The child must also be unmarried throughout the process and at the time of entry.²

The Two-Year Rule That Only Applies to I-130

The family-based pathway carries a requirement the other two do not. To file an I-130 for an adopted child, the adoptive parent must show at least two years of legal custody granted by a court or government authority, and at least two years of living together with the child.⁸ Both clocks have to be satisfied before you file.

Proving the shared residence usually takes overlapping records placing parent and child at the same address across that period: school enrollment, medical records, rental agreements, insurance policies. USCIS looks for a consistent pattern, not a single snapshot. When primary records are unavailable, affidavits from people with firsthand knowledge of the living arrangement can help fill the gap.

Neither the orphan nor the Hague Convention pathway requires this two-year period, which is often the deciding factor when families whose facts fit multiple categories choose between them.

What Makes a Child an Orphan for I-600 Purposes

The I-600 orphan definition is narrower than everyday usage. A child qualifies if both parents have died, disappeared, abandoned, or otherwise permanently separated from the child. A child also qualifies if a sole or surviving parent cannot provide basic care and has irrevocably released the child for adoption in writing under the laws of the child’s home country.⁹

“Sole parent” applies only to a birth mother who was unmarried when the child was born, where the birth father is unknown, has disappeared, or has released the child in writing. “Surviving parent” applies when one parent has died and the living parent cannot provide proper care. Proper care is measured against local standards in the child’s home country, not American standards, and the inability can stem from extreme poverty, medical difficulties, long-term incarceration, or similar circumstances.⁹

The Home Study

Every international adoption requires a home study prepared by a licensed agency. It covers finances, health, criminal background, the physical living space, and the family’s reasons for adopting. Costs generally run $1,000 to $3,000, with Hague-accredited agencies and cases requiring additional post-placement visits sometimes higher.

Watch the expiration. For Hague Convention cases, the home study must be no more than six months old when submitted to USCIS.¹⁰ If more time passes before submission, the agency must prepare an update or amendment. Orphan cases face a similar validity window, and many families pay for at least one update before the case concludes.

Filing Fees and Required Documents

Form I-130. Filed by citizens or lawful permanent residents once the two-year requirements are met.
Form I-600. $920 filing fee. If you previously had an approved Form I-600A (advance processing), the first I-600 filed during that approval period is free.¹¹
Forms I-800A and I-800. The I-800A suitability application is $920. The first I-800 petition filed during an active I-800A approval period is free; additional petitions for non-siblings cost $920 each.¹¹

Each petition needs proof of the petitioner’s citizenship or permanent residence, the child’s original birth certificate, and the final adoption decree. Foreign-language documents need certified English translations. Discrepancies across documents are a leading cause of delay, so make sure names, dates, and spellings line up on every record before you file.

Consular Processing, Medical Exam, and Vaccinations

Once USCIS approves the petition, the case transfers to the National Visa Center, which collects a $325 immigrant visa application fee per applicant and the DS-260 online immigrant visa application.¹²¹³ The case then goes to the U.S. embassy or consulate in the child’s home country.

Before the interview, the child must complete a medical exam with an embassy-approved panel physician, generally costing $100 to $500.¹⁴ The exam includes verification that the child has been vaccinated against mumps, measles, rubella, polio, tetanus, diphtheria, pertussis, hepatitis B, and haemophilus influenzae type B, plus any other diseases recommended by the Advisory Committee on Immunization Practices. If a medical condition prevents a specific vaccine, the physician marks it as contraindicated. Religious or moral objections must cover every vaccine; selective refusal does not qualify for a waiver.¹⁵

At the interview, a consular officer verifies the adoption and the parent-child relationship. If everything is in order, the officer places the immigrant visa in the child’s passport.

The Affidavit of Support Exemption

Most immigrant visa cases require an Affidavit of Support (Form I-864) proving the petitioner earns enough to keep the immigrant above a set income threshold. Adopted children often qualify for an exemption filed on Form I-864W.

The exemption applies when the child will automatically acquire citizenship on entry under the Child Citizenship Act: the adoption was finalized abroad, the child will live with the citizen parent in the United States, and the child enters on an IR-3 or IH-3 visa. It also applies to children entering on an approved I-130 who meet the federal definition of an adopted child.

If the child will be adopted in the United States after arrival on an IR-4 or IH-4 visa, the full Affidavit of Support is generally required, because the child does not acquire citizenship at the moment of entry. The petitioner’s household income has to meet the federal poverty guidelines for the household size.

What the Visa Class Means for Citizenship

The visa the child receives determines when U.S. citizenship kicks in. The Child Citizenship Act of 2000 draws a firm line between adoptions finalized abroad and adoptions to be completed here.

IR-3 and IH-3: Adoption Finalized Abroad

A child on an IR-3 or IH-3 visa had the adoption fully completed in the foreign country with at least one adoptive parent present. That child automatically acquires U.S. citizenship on admission as a permanent resident, provided the child is under 18 and residing with the citizen parent.¹⁶ USCIS mails a Certificate of Citizenship automatically; no separate application is needed.¹⁷

IR-4 and IH-4: Adoption to Be Completed in the United States

A child on an IR-4 or IH-4 visa enters as a lawful permanent resident but not yet a citizen. Citizenship triggers automatically once the parents complete the adoption in a U.S. court. After finalization, you can file Form N-600 for a Certificate of Citizenship or apply directly for a U.S. passport.¹⁷ If your state does not recognize the foreign adoption, the child may need to be readopted under state law before turning 18.

Until the domestic adoption is final, an IR-4 or IH-4 child is a permanent resident, not a citizen, and does not yet have the right to a U.S. passport. Finalizing the state adoption promptly after arrival closes that gap.

If Your Family Lives Abroad After the Adoption

Automatic citizenship under the Child Citizenship Act requires the child to be residing in the United States with the citizen parent. Families stationed or living overseas instead use expeditious naturalization under a separate provision of the Immigration and Nationality Act, filed on Form N-600K.

To qualify, the child must be under 18, in the legal and physical custody of the citizen parent, and the citizen parent must have lived in the United States for at least five years total, with at least two of those years after turning 14. The child must be temporarily present in the United States on a lawful admission when the application is filed.¹⁸ Military families get relief from the physical-presence rule: a child accompanying a service member stationed abroad under official orders is exempt from the temporary-admission requirement.¹⁶

Adopted children applying on Form N-600K must include the full and final adoption decree and evidence that they meet the federal definition of an adopted child.¹⁸ Families who move back to the United States before the child turns 18 can still pursue automatic citizenship under the standard Child Citizenship Act rules.

1
Office of the Law Revision Counsel. 8 USC 1151 – Worldwide Level of Immigration
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U.S. Citizenship and Immigration Services. Family-Based Petition Process
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U.S. Citizenship and Immigration Services. I-600, Petition to Classify Orphan as an Immediate Relative
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U.S. Citizenship and Immigration Services. I-800, Petition to Classify Convention Adoptee as an Immediate Relative
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U.S. Citizenship and Immigration Services. Historic Processing Times
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Office of the Law Revision Counsel. 8 USC 1101 – Definitions
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U.S. Citizenship and Immigration Services. Child Eligibility Determinations (Orphan) – Identity and Age
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U.S. Citizenship and Immigration Services. Form I-130 Filing Information for Prospective Adoptive Parents Living Abroad
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U.S. Citizenship and Immigration Services. Eligibility Requirements Specific to Orphans
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eCFR. 8 CFR 204.311 – Convention Adoption Home Study Requirements
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U.S. Citizenship and Immigration Services. G-1055 Fee Schedule
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U.S. Department of State. Fees for Visa Services
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U.S. Department of State. Step 6 – Complete Online Visa Application (DS-260)
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U.S. Department of State – Bureau of Consular Affairs. The Immigrant Visa Process – Step 10 – Prepare for the Interview
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U.S. Citizenship and Immigration Services. Vaccination Requirements
16
Office of the Law Revision Counsel. 8 USC 1431 – Children Born Outside the United States and Lawfully Admitted for Permanent Residence
17
U.S. Citizenship and Immigration Services. Your New Child’s Immigrant Visa
18
eCFR. 8 CFR Part 322 – Child Born Outside the United States