Completing International Adoptions with IR-4 Visas

Almost 140 million children around the world have lost at least one parent, and Unicef reports an estimated 15.1 million children around the world have lost both parents. If you are considering adoption as a way to add to your family, you might consider adopting internationally. International adoption could allow you to expand your family and provide hope, love and new opportunities to a child from abroad with an Immediate Relative (IR-4) visa.

What is the IR-4 Visa?

An IR-4 visa is an immigrant visa for children from non-Hague Convention countries that allows their adoptive parents to complete the adoption process in the U.S. With this type of visa, you can bring your new child to the U.S. and finish the adoption process instead of waiting for it to conclude in the child’s home country.

The U.S. Embassy or U.S. Consulate issues an IR-4 visa after the U.S. Citizenship and Immigration Services (USCIS) approves Form I-600. Once the embassy or consulate issues the IR-4 visa, you can bring your child to the U.S. to finish the process.

IR-4 Visa Eligibility Requirements

Before you can get an IR-4 visa, both you and the child must meet certain criteria. If unmarried, you must be at least 25 years old. If married, both you and your spouse must sign all the forms and agree to adopt your child. You’ll also need to pass the eligibility test from the USCIS and meet the following requirements:

• Be willing to obtain guardianship of the child in their home country and then finalize their adoption in the U.S.
• Secure permission from the child’s home country to bring them to the U.S. to adopt.
• Have a valid address in the U.S.
• Plan to live with the child in the U.S.
• Prove you will be able to properly care for the child as a parent.

The child you plan to adopt must meet the following criteria:

• Be younger than 16 (or younger than 18 if you have adopted their sibling).
• Be from a non-Hague Convention country.
• Be classified as an orphan.
• Meet other adoption criteria outlined in the U.S. Immigration and Nationality Act (INA).

You also do not have to meet the child in person before you can get an IR-4 visa.

How To Apply for an IR-4 Visa

To get an IR-4 visa, you will first need to submit Form I-600A for advance processing of an orphan adoption petition and Form I-600 to apply to have your child classified as your immediate relative. You can file the two forms together or separately. Once the USCIS approves your Form I-600 petition, the U.S. Embassy or U.S. Consulate in the child’s home country will issue the IR-4 visa.

Form I-600A allows the government to determine whether you are eligible to adopt internationally as a parent. You can file this form separately if you have not yet identified a child to adopt but want to expedite the process once you find a child. Once you file this form, the USCIS will complete criminal background checks on you and everyone else in your home who is 18 or older.

Once the USCIS has approved your petition, and you have found a child you want to adopt, you can file Form I-600. This form allows the government to verify the child qualifies as an orphan under the INA. A child qualifies as an orphan if they do not have a living parent or if they only have one parent who is not capable of caring for the child and has relinquished their rights.

After the USCIS has approved both forms, you can apply for the IR-4 visa by filing Form DS-260. Finally, you will need to complete an interview at a U.S. Embassy or U.S. Consulate.

Contact a New Jersey Adoption Lawyer

If you are thinking about adopting internationally and would like to learn more about the IR-4 visa, you should talk to a New Jersey adoption lawyer at Cofsky & Zeidman. Our experienced attorneys have years of experience helping people complete all types of adoptions, including international adoptions. To schedule a consultation with one of our attorneys, contact us in Haddonfield, New Jersey, by calling 856-429-5005 or in Woodbury, New Jersey, at 856-845-2555.