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Applying to Bring a Foreign-Born Orphan to the U.S.


Should I do "advance processing" if I've already identified the child?

It is generally advisable for all prospective adoptive parents to do advance processing. You should do advance processing even if you are traveling to the country where the child is located and will file an orphan petition at an overseas Immigration office (or at an American consulate or embassy if there is no Immigration office in the country). By completing advance processing, you will ensure that USCIS has already processed the application that relates to your ability to provide a proper home environment and your suitability as a parent before you adopt a child in a foreign country. This is important, because you will not be allowed to bring a child that you have adopted to the United States if you are found to be unable to provide that child with a proper home environment or you are found unsuitable as a parent.

What kind of information will I need to provide to the USCIS?

You must provide proof of U.S. citizenship. If you are married and living in the United States, you must provide evidence of your spouse's U.S. citizenship or lawful immigration status as well as proof that you are married and that any previous marriages ended legally. You must submit a complete and current home study within prescribed time limits. You may also have to prove that you comply with the preadoption requirements of the state in which you will live with your adopted child. You must submit the required filing fee for your application, and be aware that each adult member of the household must be fingerprinted by the USCIS.

What kind of information about the child will I need to provide to the USCIS?

You must provide:

  • The child's birth certificate or, if the certificate is unavailable, evidence of the child's age and identity;
  • Proof that the child is an orphan as defined by the INA;
  • A final decree of adoption, if applicable;
  • Proof of legal custody of the child for emigration and adoption, if applicable; and
  • Proof of compliance with preadoption requirements, if applicable.
From U.S. Citizenship and Immigration Services

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