IR3 Visa

The U.S. government recognizes 2 kinds of foreign adoptions: Hague convention countries and Non-Hague convention countries. In order to receive an IR3 visa, certain requirements must be fulfilled for both types of adoption. These requirements include the following:

• The child must be less than 21 years of age.
• The child must be from a Hague Convention country or a Non-Hague Convention country.
• The child must be eligible for adoption based on the U.S. Immigration and Nationality Act.
• The U.S. citizen parent(s) must plan to bring the child to the U.S. to reside with them.
• The U.S. citizen(s) must have a valid U.S. address
• The parent must consent to an eligibility test by the U.S. Citizenship and Immigration Services (USCIS).

The IR3 visa is best suited for those families who have recently adopted children from a foreign country. If you have adopted a child abroad and have lived with them abroad for at least 2 years prior to moving to the U.S., you may be eligible for an IR2 visa (Children’s Green Card).

The first step in the foreign adoption process is researching and choosing a preferred Adoption Service Provider that is approved and accredited by U.S. authorities. This is to ensure that both you and the adoption provider are within the applicable laws and regulations.

After an Adoption Service Provider is chosen, the U.S. citizen must then complete Form I-800A (Determination on Suitability to Adopt a Child from a Convention Country) and send it to the United States Citizenship and Immigration Services (USCIS) for approval. In addition to filing this form, the U.S. citizen will also be asked to complete a background and fingerprint check as well as a home study.

The USCIS will use the information gathered by the background checks and home study to determine the number of children which can be adopted, their age range, and if the U.S. citizen is eligible to adopt a child with special needs. If approved, the U.S. citizen will be eligible to adopt a child abroad from a Hague Convention Country.

After the U.S. citizen has been approved to adopt from abroad, the prospective parent(s) will then start the adoption process from the Hague Convention Country. To do this, authorities in the adoption country will review the documents that have been submitted along with USCIS’s approval to adopt. They will then use this information to help the U.S. citizen find an eligible child to adopt. Normally, the prospective parent(s) will be sent referral documents about prospective children who are available for adoption by the adoption authorities of that particular country. These documents will detail the background of the child, their family history, medical history, and any other special needs that are deemed important. The files on each child should also include documents that provide the signed consent for adoption by the necessary parties such as the adoption center, biological parent(s), etc.

As always, the adoption process and their necessary requirements are different in each country. Therefore, it is recommended that you familiarize yourself with the process, procedures, and necessary requirements of the particular country from which you are looking to adopt.

When the prospective parent has been matched with an eligible child for adoption, the U.S. citizen parent will then need to complete Form I-800 (Petition to Classify Convention Adoptee and an Immediate Relative).

After this petition is approved, the U.S. citizen parent will then be asked to complete Form DS-260 (Online Immigrant Visa Application) and submit it to the U.S. Embassy or Consulate in the country from which the adoption is taking place. This form is completed and submitted online, so it is important that the confirmation page is printed out and saved as it will need to be included later in the visa’s portfolio of evidence.

After Form DS-260 has been submitted, the country from which the adoption is taking place will then issue the Article 5/17 Letter. This letter establishes that the child is eligible to immigrate to the United States. When the letter has been received, the prospective parent will then be able to obtain an adoption or guardianship order.

After an adoption or guardianship order is granted, the U.S. citizen will then continue with their child’s IR3 visa application. To do complete their IR-3 application, the U.S. parent will need to submit documents such as the child’s birth certificate, passport, and any other relevant supporting documents.

After these documents have been submitted, the U.S. citizen parent will then need to attend an immigration interview at the nearest local U.S. Embassy or Consulate. At this interview, the American parent will be asked to submit a variety of documents including the final adoption or guardianship order.