us-uscis-policy-manual-volume-5-part-a-chapter-3•Chapter 3 - U.S. Citizens Residing Outside the United States
Chapter 3 - U.S. Citizens Residing Outside the United States
us-uscis-policy-manual-volume-5-part-a-chapter-3Chapter 3 - U.S. Citizens Residing Outside the United StatesGuidance
Options for a child to obtain U.S. immigration status based on adoption by a U.S. citizen prospective adoptive parent (PAP) who resides outside of the United States depend on many factors, including:
- Whether the family will continue to reside outside the United States or will reside in the United States before the child turns age 18;
- The laws of the country where the PAP resides; and
- The laws of the country where the child resides (if different from the PAP’s country of residence).
Before initiating an adoption or legal custody, the PAP should contact the competent authority (for non-Hague countries) or Central Authority (for Hague Adoption Convention countries) in the country where the PAP resides and where the child resides (if different). These authorities may provide more information to assist the PAP in understanding the process a U.S. citizen residing in that foreign country may be required to follow regarding the adoption and immigration of the child.[1]
A domestic adoption or legal custody of a child in the child’s country of origin alone does not convey U.S. immigration status to the child or enable the child to travel to the United States. If a U.S. citizen[2] PAP residing outside of the United States wishes to secure lawful U.S. immigration status for the PAP’s adopted child, the PAP generally may use one of the U.S. immigration processes (Hague Adoption Convention, orphan, or family-based).
The following table explains which U.S. immigration process a PAP who resides outside of the United States generally may pursue,[3] based on whether the child resides in a country that is a party to the Hague Adoption Convention.
| If child resides in… | U.S. immigration processes[4] generally available |
|---|---|
| Non-Hague country |
|
| Hague Adoption Convention country |
|
This table does not address the process to obtain U.S. citizenship for the child.[5]
Additional Considerations for Children from a Hague Adoption Convention Country
Generally, a U.S. citizen who adopts a child from a Hague Adoption Convention country must use the Hague Adoption Convention process.[6] The U.S. Hague Adoption Convention process is generally available to any U.S. citizen residing outside the United States.[7]
The Hague Adoption Convention requires a determination of the U.S. citizen PAP’s habitual residence. If the PAP resides in a Hague Adoption Convention country, the Central Authority of the PAP’s country of residence generally determines whether it considers the PAP to be habitually resident in that country for the purpose of adoption under the Hague Adoption Convention process.
If the Central Authority of that country determines the PAP is habitually resident in the country where the PAP resides, and it is the receiving country for the purposes of adoption of a child from another Hague Adoption Convention partner country, the PAP generally must follow the Hague Adoption Convention process of the country where the PAP is habitually resident.
The PAP may also be able to simultaneously pursue the U.S. Hague Adoption Convention process to immigrate the child to the United States if the PAP is able to obtain the required Convention documents from the Central Authority in the child’s country of origin. However, if the PAP is not able to obtain the required Convention documents, the U.S. Hague Adoption Convention process may not be available.
Footnotes
[^ 1] For information about the competent or central adoption authorities in each country and to determine if a particular country is party to the Hague Adoption Convention, see the U.S. Department of State’s webpage, Country Information.
[^ 2] A lawful permanent resident of the United States may follow the family-based process, if otherwise eligible.
[^ 3] The same processes that are available to PAPs who reside in the United States are generally available to PAPs who reside outside of the United States. For more information on applicability of adoption processes, see Chapter 2, Adoption Processes [5 USCIS-PM A.2].
[^ 4] For information on how to secure U.S. citizenship for the adopted child of a U.S. adoptive parent residing outside the United States, see Part F, Citizenship for Adopted Children [5 USCIS-PM F]. For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H].
[^ 5] For information on citizenship for adopted children, see Part F, Citizenship for Adopted Children [5 USCIS-PM F]. For more information, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H]. For information on the naturalization process for children who reside outside of the United States, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens, Chapter 5, Child Residing Outside the United States (INA 322) [12 USCIS-PM H.5].
[^ 6] The petitioner may encounter issues, however, if the child was adopted before the completion of the Hague Adoption Convention process. See Part D, Child Eligibility Determinations (Hague), Chapter 7, Required Order of Immigration and Adoption Steps [5 USCIS-PM D.7].
[^ 7] See 8 CFR 204.303.
Resources
22 CFR 96 - Intercountry adoption accreditation of agencies and approval of persons
8 CFR 103.2 - Submission and adjudication of benefit requests
8 CFR 204 Subpart C - Intercountry adoption of a Convention adoptee
8 CFR 204.1 - General information about immediate relative and family-sponsored petitions
8 CFR 204.2(d) - Petition for a child or son or daughter
8 CFR 204.3 - Orphan cases under section 101(b)(1)(F) of the Act (non-Convention cases)
INA 101(b)(1) - Definition of child
INA 101(b)(1)(E) - Definition of a child adoptee for family-based process
INA 101(b)(1)(F) - Definition of a child adoptee for orphan process
INA 101(b)(1)(G) - Definition of a child adoptee for Hague Adoption Convention process
INA 101(c) - Definition of child for citizenship and naturalization
INA 201(b)(2)(A)(i) - Immediate relatives
INA 203(a) - Preference allocation for family-sponsored immigrants
Pub. L. 106-139 (PDF) - Immigration and Nationality Act of 1999
Pub. L. 106-279 (PDF) - Hague Adoption Convention and the Intercountry Adoption Act
Pub. L. 111-287 (PDF) - Intercountry Adoption Act
Pub. L. 112-276 (PDF) - Intercountry Adoption Universal Accreditation Act of 2012
Pub. L. 80-774 (PDF) - Displaced Persons Act of 1948
Pub. L. 87-301 (PDF) - The Act of September 26, 1961
Pub. L. 89-236 (PDF) - Immigration and Nationality Act of 1965
Appendices
No appendices available at this time.
Updates
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.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
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.
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.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
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