Non-Hague Orphan Adoption Process

Non-Hague Orphan Adoption Process

The non-Hague orphan process allows certain children from countries outside the Hague Adoption Convention to immigrate through intercountry adoption. It commonly involves Form I-600A and Form I-600, but a valid foreign adoption alone is not enough. The child must satisfy the federal immigration definition of an “orphan.”

That definition is narrower than the ordinary use of the word. A child does not necessarily qualify merely because the child lives in an orphanage, has been placed with relatives, or has a parent who cannot presently provide financial support.

When Does the Non-Hague Orphan Process Apply?

• The child is habitually resident in a country where the Hague Adoption Convention is not in force with the United States;
• The prospective adoptive parent is a U.S. citizen;
• The child satisfies the orphan definition under U.S. immigration law; and
• The adoption or custody arrangement complies with the laws of the child’s country and applicable U.S. requirements.

Country-specific procedures can materially affect the order and availability of the process. Some non-Hague countries participate in a Pre-Adoption Immigration Review program. Families should review the Department of State’s country-specific adoption information before proceeding.

Who Qualifies as an Orphan Under U.S. Immigration Law?

The child generally must:

• Be unmarried and under age 16 when Form I-600 is filed, with a limited exception for certain biological siblings under age 18;
• Have no parents because of the death, disappearance, abandonment, desertion, separation, or loss of both parents; or have a sole or surviving parent who cannot provide proper care and who irrevocably releases the child in writing for emigration and adoption;
• Have been fully and finally adopted abroad or placed in the petitioner’s legal custody for emigration and adoption in the United States; and
• Be adopted by a married U.S. citizen and spouse jointly, or by an unmarried U.S. citizen who is at least 25 years old.

A foreign government’s finding that a child is adoptable or an orphan does not control the federal immigration determination. USCIS or the consular officer must independently decide whether the statutory requirements are met.

The Non-Hague Orphan Immigration Process

1. Select a Qualified Adoption Service Provider
   Intercountry adoption cases generally require a primary provider to ensure the required adoption services are properly completed. The home-study provider must also satisfy the applicable licensing and federal requirements.
   
2. Establish Suitability to Adopt
   When a child has not yet been identified, the prospective parent may file Form I-600A, Application for Advance Processing of an Orphan Petition. USCIS reviews the home study, biometrics, household information, finances, health, background, and other evidence relevant to suitability.
   In certain circumstances, suitability materials may be submitted with Form I-600 instead. Filing options and location depend on where the petitioner lives and where USCIS will process the petition.
   
3. Complete the Adoption or Obtain Legal Custody
   The parent must follow the child’s country-specific procedures to complete a qualifying adoption or obtain legal custody for emigration and adoption. Because some countries require a pre-adoption immigration review or a specific sequence, confirm the applicable country rules before completing a court proceeding.
   
4. File Form I-600
   Form I-600, Petition to Classify Orphan as an Immediate Relative, asks USCIS to determine whether the particular child qualifies as an orphan. Supporting evidence may include:

• The child’s birth and identity records;
• Death certificates, abandonment findings, custody records, or other proof of orphan status;
• A valid adoption decree or qualifying custody order;
• Required parental releases and consents;
• Evidence of compliance with applicable pre-adoption requirements; and
• Certified English translations of foreign-language documents.

5. Complete the Orphan Investigation and Visa Processing
USCIS or a consular officer completes a Form I-604 orphan investigation to verify the child’s identity, history, eligibility, consents, and adoption circumstances. If USCIS approves the I-600 and the child is otherwise eligible, the U.S. Embassy or Consulate completes immigrant visa processing.

The Department of State provides an official non-Convention adoption overview, and USCIS provides the current filing information for Form I-600 and Form I-600A.

IR-3 and IR-4 Visas and Citizenship

An IR-3 visa is generally issued when a full and final adoption was completed abroad and the applicable requirements were met. A child under 18 admitted on an IR-3 visa generally acquires U.S. citizenship upon admission if the child resides in the U.S. citizen parent’s legal and physical custody and all other requirements are satisfied.

An IR-4 visa is generally used when the child will be adopted in the United States or the foreign adoption does not satisfy all requirements for IR-3 classification. The child enters as a permanent resident, and further action is generally required before the child acquires citizenship.

A Critical Review Before Finalizing the Adoption

Prospective parents should not assume that a child qualifies as an orphan because a foreign adoption is available. If the child fails the U.S. immigration definition after the adoption has been completed, the child may be unable to immigrate through the orphan process. A possible Form I-130 route has separate age, custody, residence, and Hague-related requirements and is not an automatic solution.

How Immigration Attorney Osas Iyamu Can Assist

Immigration Attorney Osas Iyamu can evaluate the child’s potential orphan classification, identify evidentiary concerns, assist with Forms I-600A and I-600, and address USCIS or consular processing issues. Coordinate the immigration work with the primary adoption service provider and counsel handling the foreign or state adoption.

Speak With Immigration Attorney Osas Iyamu

The Law Offices of Osas Iyamu, LLC assists families in Ocala, Florida, and across the United States with federal immigration matters involving non-Hague orphan adoptions. Contact the office for a case-specific consultation before finalizing an adoption abroad.

Contact Us to Review a Non-Hague Adoption Case

This page provides general information and does not constitute legal advice. Orphan classification and country procedures require individualized review. Legal information last reviewed September 2026.