Chapter 2 - Eligibility

us-uscis-policy-manual-volume-5-part-d-chapter-2Chapter 2 - EligibilityGuidance

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A child must qualify as a Convention adoptee to be eligible to immigrate through the Hague Adoption Convention process.[1] The table below lists general eligibility criteria for the Hague Adoption Convention process, with references to where each individual criterion is discussed in further detail.

Summary of Eligibility Criteria
Eligibility RequirementFor More Information
USCIS determines the prospective adoptive parent (PAP) is suitable and eligible to adopt.See Part B, Adoptive Parent Suitability Determinations [5 USCIS-PM B].
The child meets identity and age requirements.See Chapter 3, Identity and Age [5 USCIS-PM D.3].
The child meets specific requirements for eligibility as a Convention adoptee.See Chapter 4, Eligibility Requirements Specific to Convention Adoptees [5 USCIS-PM D.4].
The child has been adopted by a U.S. citizen (and spouse, if married) or is under the legal custody of the U.S. citizen PAP for purposes of emigration and adoption.See Chapter 5, Qualifying Adoptive or Custodial Relationship [5 USCIS-PM D.5].
The PAP must have identified an accredited or approved primary adoption service provider (unless a limited exception applies).See Chapter 6, Additional Requirements [5 USCIS-PM D.6].
There must be no evidence of improper inducement, fraud or misrepresentation of material fact, or non-bona fide intent.See Chapter 6, Additional Requirements [5 USCIS-PM D.6].
The child must match the characteristics that the PAP has been approved to adopt.See Chapter 6, Additional Requirements [5 USCIS-PM D.6].
The PAP must not have engaged in prohibited contact with the child’s birth parent(s), legal custodian(s), or caregiver(s).See Chapter 6, Additional Requirements [5 USCIS-PM D.6].
The PAP must have met any pre-adoption requirements of the child’s jurisdiction of proposed residence.See Chapter 6, Additional Requirements [5 USCIS-PM D.6].
The PAP completed any required pre-placement preparation and training.See Chapter 8, Documentation and Evidence [5 USCIS-PM D.8].

Footnotes


[^ 1] See INA 101(b)(1)(G). To meet the definition of a child under INA 101(b)(1), the child must be unmarried and under the age of 21.

Resources

Legal Authorities

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

8 CFR 204 Subpart C - Intercountry adoption of a Convention adoptee

INA 101(b)(1) - Definition of child

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) - Immediate relatives

INA 204, 8 CFR 204 - Procedure for granting immigrant status

Pub. L. 106-279 (PDF) - Hague Adoption Convention and the Intercountry Adoption Act

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.

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