Chapter 3 - Identity and Age

us-uscis-policy-manual-volume-5-part-c-chapter-3Chapter 3 - Identity and AgeGuidance

A. Identity

The child’s identity must be properly documented.[1]

B. Age

Even if the prospective adoptive parent (PAP) has not yet completed the adoption or obtained all of the required supporting documentation, the PAP must file the Petition to Classify Orphan as an Immediate Relative (Form I-600) before the child turns 16[2] unless one of the following exceptions apply.[3]

Sibling Exception

A child 16 years of age or older qualifies for the sibling exception if the child is under the age of 18 at the time the petition is filed and that child's birth[4] sibling:

  • Is or was previously classified as an orphan[5] while under the age of 16 and is coming to the United States to be adopted by the same PAP(s); or

  • Meets the definition of adopted child for a family-based adoption petition[6] and was under the age of 16 at the time of adoption by the same PAP(s).

Suitability Application Exception for Certain 15-Year-Olds

USCIS deems the suitability application[7] filing date to be the petition filing date if both of the following requirements are met:[8]

  • The PAP filed the suitability application after the child's 15th birthday, but before the child's 16th birthday (or, if the sibling exception applies, after the child's 17th birthday but before the child's 18th birthday); and

  • The PAP files the petition not more than 180 days after the initial approval of the suitability application.

Footnotes


[^ 1] See Chapter 7, Documentation and Evidence, Section B, Required Evidence [5 USCIS-PM C.7(B)].

[^ 2] For more information on filing timeframes, see Volume 1, General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 6, Submitting Requests, Section D, Filing Periods Ending on Weekends or Federal Holidays [1 USCIS-PM B.6(D)].

[^ 3] USCIS generally issues a Request for Evidence for the remaining supporting documentation. See Chapter 8, Adjudication, Section E, Decisions and Actions, Subsection 3, Requests for Evidence and Notices of Intent to Deny [5 USCIS-PM C.8(E)(3)].

[^ 4] In this Volume, USCIS uses birth and natural synonymously.

[^ 5] See INA 101(b)(1)(F).

[^ 6] See INA 101(b)(1)(E).

[^ 7] See Application for Advance Processing of an Orphan Petition (Form I-600A).

[^ 8] While regulations at 8 CFR 204.3 do not directly address the relationship between the separate filing of a Form I-600A and the statutory requirement to file the petition while the child is under the age of 16 (or, as permitted in INA 101(b)(1)(F)(ii), under the age of 18), this exception is consistent with the regulations for Hague Adoption Convention cases.

Resources

Legal Authorities

22 CFR 96 - Intercountry adoption accreditation of agencies and approval of persons

8 CFR 204.1 - General information about immediate relative and family-sponsored petitions

8 CFR 204.3 - Orphan cases under section 101(b)(1)(F) of the Act (non-Convention cases)

8 CFR 204.301 - Definitions

8 CFR 204.311 - Convention adoption home study requirements

8 CFR 205.1 - Automatic revocation

8 CFR 205.2 - Revocation on notice

INA 101(b)(1) - Definition of child

INA 101(b)(1)(F) - Definition of a child adoptee for orphan process

INA 101(b)(2) - Definition of parent, father or mother

INA 101(c) - Definition of child for citizenship and naturalization

INA 201(b)(2)(A)(i) - Immediate relatives

INA 204(d) - Recommendation of valid home study

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term "Noncitizen"

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

POLICY ALERT - Adoptions

U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS.

Read More
Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Poursuivez vos recherches dans ChatGPT ou Claude

Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.