Before Your Child Immigrates to the United States (2024)

If the child you adopted or intend to adopt in the United States is residing abroad, the child will need an immigrant visa to enter the United States. Visas are issued by the U.S. Department of State (DOS) at theembassy orconsulate in the foreign country where your child resides.

The type of visa your child is issued will determine what steps you need to take for the child to acquire U.S. citizenship.

If your adopted child is already in the United States, visit the Other Adoption Related Immigrationpage.

Visas

Visa types for Hague Adoptions:

  • IH-3 visa:  Issued for children with final adoptions from a Hague Convention country.
  • IH-4 visa:  Issued when a child is coming to the United States from a Hague Convention country to be adopted.

Visa types for Orphan (Non-Hague) Adoptions:

  • IR-3 visa: Issued when a full and final adoption is completed abroad:
    • Requires that the parent (if unmarried), or at least one parent (if married) physically seeand observethe child prior to or during the adoption proceedings.
  • IR-4 visa: Issued to a child that:
    • is coming to the United States to be adopted.
    • was adopted abroad by only one parent (if married).
    • was not seen by the parent(s) prior to or during the adoption.

Visa types for the Family-Based Petition Process:

  • IR-2 visa: Issued to a child:

    • who was adopted before the child’s 16thbirthday (or 18thbirthday if the sibling exception applies);and
    • who was in the legal custody of and jointly resided with the adoptive parent(s) for at least 2 years (among other requirements).

Child Citizenship

For more information go to the U.S. Citizenship for an Adopted Child page.

Children with IR-3 and IH-3 visas automatically acquire citizenship if:

  • they are admitted to the United States as lawful permanent residents prior to their 18th birthday; and
  • they reside in the United States in the legal and physical custody of the U.S. citizen parent.

We will automatically send your child’s Certificate of Citizenship to your U.S. address without requiring additional forms or fees if your child is under age 14 and was admitted with an IR-3 or IH-3 visa.

Children with IR-4 and IH-4 visas:

  • do not acquire automatic citizenship after admission to the U.S., but instead become Permanent Residents.
  • will automatically receive a permanent resident card (Green Card).
  • will generally automatically acquire citizenship on the date of their adoption in United States if the adoption occurs before the child’s 18th birthday.

Children with IR-2 visas that are:

  • under 18 years old automatically acquire U.S. citizenship after admission to the United States if they reside in the United States with their parents.
  • over 18 years old become permanent residents and receive a Green Card.

Children with IR-2 visas who did not automatically acquire U.S. citizenship can apply for naturalization when eligible.

Children ofU.S.Armed Forces Members or U.S. Government Employees (or their Spouses)

Under certain circ*mstances, children of U.S. armed forces members or U.S. government employees (or their spouses) may acquire citizenship even though they are residing outside the United States. For more information, see USCIS Policy Manual Volume 12, Part H, Children of U.S. Citizens,Chapter 4, Automatic Acquisition of Citizenship after Birth (INA 320).

Before Your Child Immigrates to the United States (2024)

FAQs

Can I stay in the U.S. if my child is a U.S. citizen? ›

Birthright citizenship does not automatically grant legal status to the parents. The child's birth in the U.S. does not change the immigration status of the parents, and they may still be subject to deportation if they are in the country without authorization.

Can I get a green card if my child was born in the USA? ›

Parents of a child born in the USA can apply for a Green Card if their child is 21 years old or over and they plan to live in the USA on a permanent basis. If they spend the majority of their time overseas then they could be refused a Green Card.

Does my child automatically become a U.S. citizen? ›

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include: Have at least one U.S. citizen parent by birth or naturalization. Be admitted to the United States as an immigrant for lawful permanent residence.

Can I adopt a child if I am not a U.S. citizen? ›

You must be a U.S. Citizen. If you are unmarried, you must be at least 25 years old. If you are married, you must jointly adopt the child (even if you are separated but not divorced), and your spouse must also be either a U.S. citizen or in legal status in the United States.

Can I get a work permit if my child is born in the USA? ›

Because you gave birth in the US, your child is a US citizen, but that does not entitle you to legal residency or a work permit. Having a Social Security Number does not entitle you to a work permit.

Can my parents stay with me in USA if I have green card? ›

To petition for your parents (mother or father) to live in the United States as Green Card holders, you must be a U.S. citizen and at least 21 years old. Green Card holders (permanent residents) may not petition to bring parents to live permanently in the United States.

Can I get citizenship through my child? ›

The parents of a U.S. citizen who is at least age 21 are considered "immediate relatives," and therefore eligible for a green card, allowing them to live and work in the United States. Immigrating to the United States through a U.S. citizen child is a possibility, but one that comes with major limitations.

Is my child a citizen if I give birth in the US? ›

If you're living abroad, you may think about giving birth in the United States. After all, doing so automatically guarantees U.S. citizenship for your child, which is a great advantage in itself.

What happens if a foreigner has a baby in the USA? ›

👉 It is still legal to deliver your baby in the United States, provided that childbirth was not the purpose for which you applied for your visa. Birth Citizenship is still protected under the Constitution for all individuals regardless of their nationality.

What is the 4 year 1 day rule for U.S. citizenship? ›

The statutory period preceding the filing of the application is calculated from the date of filing. Once 4 years and 1 day have elapsed from the date of the applicant's return to the United States, the period of absence from the United States that occurred within the past 5 years is now less than 1 year.

Which person is automatically a U.S. citizen by birth? ›

A person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth, to include a child born to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.

How long can a child born in the US stay out of the country? ›

How long can a USA born baby stay out of the country without losing citizenship? Forever. There are no requirements to visit or live in the US for a US citizen. Anyone born in the US, who doesn't have parents in the diplomatic service of a different country, is a US citizen.

What is the age limit for adoption in USA? ›

Seven states only require the adoptive parents to be 18 years old. Three states (Colorado, Delaware and Oklahoma) set the age requirement at 21. Two states (Georgia and Idaho) have set the bar at 25.

Can I adopt an undocumented child? ›

The person would have to be a minor child. The child would have to live with you, in your legal custody, for two years before you file the petition to sponsor them (on USCIS Form I-130). For practical reasons, you would most likely have to be a U.S. citizen.

What is the cheapest country to adopt from? ›

Adoption fees in Ukraine is very attractive compared the rest of the world where adoption is possible. Actually, Ukraine is one of the cheapest countries for adoption. We offer an inexpensive program, from $9,500 depends on the age, health and the region where a child is placed.

What is the visa for a child of a U.S. citizen? ›

The IR-2 visa allows the child of a U.S. citizen living outside the United States to lawfully enter and live in the country.

Can I become a U.S. citizen if my mother is a U.S. citizen? ›

Applicants 18 years old and over, born outside the United States, may claim U.S. citizenship from a parent who at the time of the applicant's birth was a United States citizen. Once the citizenship claim is established, the applicant qualifies for a first-time U.S. passport.

Can my son sponsor me to live in the USA? ›

You can't get a green card based on having a relationship with a U.S. citizen child until that child is of the right age. Under current law, it's not until the child turns 21 that they can sponsor their parent for a green card.

Top Articles
Are three-year mortgages any good?
Top Forex Brokers in the United Kingdom: trading CFDs, Commodities, Gold and currencies - TopForex.Trade
English Bulldog Puppies For Sale Under 1000 In Florida
Katie Pavlich Bikini Photos
Gamevault Agent
Pieology Nutrition Calculator Mobile
Hocus Pocus Showtimes Near Harkins Theatres Yuma Palms 14
Hendersonville (Tennessee) – Travel guide at Wikivoyage
Compare the Samsung Galaxy S24 - 256GB - Cobalt Violet vs Apple iPhone 16 Pro - 128GB - Desert Titanium | AT&T
Vardis Olive Garden (Georgioupolis, Kreta) ✈️ inkl. Flug buchen
Craigslist Dog Kennels For Sale
Things To Do In Atlanta Tomorrow Night
Non Sequitur
Crossword Nexus Solver
How To Cut Eelgrass Grounded
Pac Man Deviantart
Alexander Funeral Home Gallatin Obituaries
Energy Healing Conference Utah
Geometry Review Quiz 5 Answer Key
Hobby Stores Near Me Now
Icivics The Electoral Process Answer Key
Allybearloves
Bible Gateway passage: Revelation 3 - New Living Translation
Yisd Home Access Center
Pearson Correlation Coefficient
Home
Shadbase Get Out Of Jail
Gina Wilson Angle Addition Postulate
Celina Powell Lil Meech Video: A Controversial Encounter Shakes Social Media - Video Reddit Trend
Walmart Pharmacy Near Me Open
Marquette Gas Prices
A Christmas Horse - Alison Senxation
Ou Football Brainiacs
Access a Shared Resource | Computing for Arts + Sciences
Vera Bradley Factory Outlet Sunbury Products
Pixel Combat Unblocked
Movies - EPIC Theatres
Cvs Sport Physicals
Mercedes W204 Belt Diagram
Mia Malkova Bio, Net Worth, Age & More - Magzica
'Conan Exiles' 3.0 Guide: How To Unlock Spells And Sorcery
Teenbeautyfitness
Where Can I Cash A Huntington National Bank Check
Topos De Bolos Engraçados
Sand Castle Parents Guide
Gregory (Five Nights at Freddy's)
Grand Valley State University Library Hours
Hello – Cornerstone Chapel
Stoughton Commuter Rail Schedule
Nfsd Web Portal
Selly Medaline
Latest Posts
Article information

Author: Edwin Metz

Last Updated:

Views: 6023

Rating: 4.8 / 5 (58 voted)

Reviews: 81% of readers found this page helpful

Author information

Name: Edwin Metz

Birthday: 1997-04-16

Address: 51593 Leanne Light, Kuphalmouth, DE 50012-5183

Phone: +639107620957

Job: Corporate Banking Technician

Hobby: Reading, scrapbook, role-playing games, Fishing, Fishing, Scuba diving, Beekeeping

Introduction: My name is Edwin Metz, I am a fair, energetic, helpful, brave, outstanding, nice, helpful person who loves writing and wants to share my knowledge and understanding with you.