Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, is a U.S. Citizenship and Immigration Services (USCIS) form used in intercountry adoption cases where a child is being adopted from a country that is a signatory to the Hague Adoption Convention. Here’s a general overview of the process to correctly prepare and file Form I-800:
- Eligibility Check: Before filing Form I-800, ensure that you are eligible to file as a prospective adoptive parent under the Hague Adoption Convention. Also, confirm that the child you wish to adopt is eligible for intercountry adoption under the convention.
- Gather Required Documents: Collect all necessary documents. These may include:
- Completed Form I-800.
- Home study report conducted by a Hague-accredited adoption service provider.
- Proof of U.S. citizenship and identity for the adoptive parent(s).
- Child’s birth certificate or other proof of identity and age.
- Evidence of legal custody of the child from the child’s country of origin.
- Evidence of termination of parental rights if applicable.
- Any other relevant documents as required by USCIS.
- Fill Out Form I-800: Carefully fill out Form I-800 with accurate information. Ensure that all sections are completed correctly and that all required supporting documents are included.
- Fee Payment: Pay the required filing fee for Form I-800. USCIS may update fees periodically, so make sure to check the current fee before submission.
- Mail Your Application: Once the form is completed and the necessary documents are gathered, mail your application package to the appropriate USCIS address. Ensure that you send it via a trackable mail service to confirm delivery.
- Wait for Notification: After USCIS receives your application, they will issue a receipt notice. This notice will confirm that they have received your application and provide a receipt number that you can use to track the status of your case.
- Respond to Requests for Evidence (RFEs): If USCIS determines that additional evidence or information is required to process your application, they will issue an RFE. Respond to any RFEs promptly and provide the requested information.
- Wait for Approval: Once USCIS approves your Form I-800 petition, they will send you a Notice of Favorable Determination. This notice will indicate that your petition has been approved and provide instructions on the next steps in the adoption process.
- Proceed with Visa Processing: After USCIS approves the Form I-800 petition, you can then proceed with visa processing for the child through the U.S. Department of State’s National Visa Center and U.S. Embassy or Consulate in the child’s country of origin.
It’s important to note that the process may vary depending on individual circumstances, and it’s recommended to consult with an experienced immigration attorney or a reputable adoption agency for personalized guidance throughout the process. Additionally, staying informed about any updates or changes to immigration laws and procedures is crucial.
When Form I-800A must be submitted?
Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, must be submitted by prospective adoptive parents before they can adopt a child from a country that is a signatory to the Hague Adoption Convention. Here’s when Form I-800A must be submitted:
- Before Identifying a Child for Adoption: Prospective adoptive parents must typically submit Form I-800A before they identify a specific child for adoption. This form is used to determine the suitability of the prospective adoptive parents to adopt a child from a Hague Convention country. It involves background checks, fingerprinting, and a home study conducted by a Hague-accredited adoption service provider.
- Before Filing Form I-800: Form I-800A must be approved by U.S. Citizenship and Immigration Services (USCIS) before prospective adoptive parents can file Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. The approval of Form I-800A establishes that the prospective adoptive parents meet the eligibility requirements to adopt from a Hague Convention country.
- At the Beginning of the Adoption Process: Form I-800A is typically one of the first steps in the intercountry adoption process for Hague Convention adoptions. Prospective adoptive parents should submit this form as early as possible to initiate the suitability determination process and avoid delays in the overall adoption process.
- Renewal: If prospective adoptive parents do not complete an adoption within the validity period of the approved Form I-800A, they may need to renew it. The validity period varies but is typically one to two years. Renewal ensures that the background checks and suitability determination remain up-to-date.
In summary, Form I-800A must be submitted before identifying a specific child for adoption and before filing Form I-800. It is a crucial step in the process of adopting a child from a Hague Convention country and helps ensure that prospective adoptive parents meet the necessary eligibility requirements.
How to sponsor a child for an IR-2 visa?
To sponsor a child for an IR-2 visa, also known as an Immediate Relative Visa, you must be a U.S. citizen who is at least 21 years old. Here are the general steps to sponsor your child:
- File Form I-130, Petition for Alien Relative: As a U.S. citizen, you must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes your relationship with your child and serves as a petition for them to immigrate to the United States.
- Provide Supporting Documents: Along with Form I-130, you’ll need to submit supporting documents such as proof of your U.S. citizenship (e.g., a birth certificate or passport), proof of your relationship with the child (e.g., birth certificate), and any other required documentation.
- Wait for Approval: USCIS will review your petition and supporting documents. If everything is in order, they will approve the petition.
- National Visa Center (NVC) Processing: Once the I-130 petition is approved, it will be forwarded to the National Visa Center (NVC). The NVC will provide instructions for paying fees, submitting immigrant visa applications, and supporting documents.
- Complete Form DS-260: Your child will need to complete Form DS-260, Application for Immigrant Visa and Alien Registration, and submit it to the NVC.
- Attend Interview: The NVC will schedule an interview for your child at the U.S. embassy or consulate in their home country. During the interview, your child will be asked questions about their background, intentions, and relationship with you.
- Medical Examination and Visa Issuance: Before the interview, your child will need to undergo a medical examination by an authorized physician. If the interview goes well and all requirements are met, your child will be issued an immigrant visa.
- Entry into the United States: Once the immigrant visa is issued, your child can travel to the United States. Upon arrival, they will become a lawful permanent resident (green card holder).
It’s important to note that the process may vary slightly depending on individual circumstances and changes in immigration laws or procedures. It’s advisable to consult with an immigration attorney or accredited representative for personalized guidance through the process.
