Adoption

Frequently Asked Questions

1. Who is eligible to file an orphan petition?

A married U.S. citizen and spouse (no special age) or an unmarried U.S. citizen who will be at least 25 years of age may file an orphan petition. The spouse does not need to be a U.S. citizen; however, if the spouse is living in the United States, he or she must be able to prove legal residence.

2. Can I adopt any child I want in the People's Republic of China?

China Center for Adoption Affairs administers all adoptions of Chinese orphans by foreigners, without exception. In most cases, China Center for Adoption Affairs will send parents information about a child they have selected. (China Center for Adoption Affairs is located in Beijing.) Parents may makes requests such as age, health, or region of origin, but China Center for Adoption Affairs is under no obligation to refer a child who conforms to this request. After receiving a referral, parents can accept or decline a child. Note: Every country has laws concerning adoption of their citizens. Trying to adopt outside those laws usually invalidates adoptions.

3. How does the U.S. government define orphan?

Under U.S. immigration law, a foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday. An orphan petition may be filed before the child's 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents.

4. Can I request a particular child from China?

The Chinese government’s adoptions bureau, China Center for Adoption Affairs, prefers to refer children without prospective parental input and often denies other types of adoption requests. The most common situation for a successful request for a particular has been when parents have petitioned a child who has special needs. NOTE: The Consulate will heavily scrutinize any request to adopt a pre-identified child.

If you would like to be approved for a child you already have identified, you do not need to initially file an I-600a application in order to begin the orphan visa process. (I-600a applications tell Citizen and Immigration Services and U.S. Consulate Guangzhou that you want to begin the process to adopt overseas and that you have neither pre-identified nor registered an adoption of an orphan overseas.) You would petition your local Department of Homeland Security, Citizen for Immigration Services by filling out an I-600 petition.

China Center for Adoption Affairs’ Web site, http://www.china-ccaa.org/, also has more information on this question. An adoption agency could also provide assistance.

5. Can I adopt a foreign-born orphan and bring him/her to the U.S. without involving the Citizen and Immigration Services?

No, there is no way an orphan can legally immigrate to the U.S. without Citizen and Immigration Services processing.

6. What if we were Chinese citizens at the time of the adoption, and only recently became U.S. citizens?

All U.S. citizens adopting abroad must file an I-600 petition in order to process a child's orphan visa. The timing for the filing of the I-600 petition differs based on when the child was identified and/or adopted.

If you completed an adoption prior to becoming a U.S. citizen, you must file an I-600 petition with your local Department of Homeland Security, Citizen and Immigration Services office. (You do not need to initially file I-600a application in order to begin the orphan visa process. I-600a applications tell Citizen and Immigration Services and U.S. Consulate Guangzhou that you want to begin the process to adopt overseas and that you have neither pre-identified nor registered an adoption of an orphan overseas.) In your case, the I-600 petition will signify that you completed the adoption overseas at a previous date when the adoptive parents were not U.S. citizens. The paperwork for completing the I-600 petition requires the same material required for the filing of the I-600a application with the addition of the information regarding the identified orphan and, as applicable, a previously completed adoption registration.

NOTE: If you lived with your adopted child for two or more years in China, you may want to consider researching IR-2 visas to see whether that category would be more applicable to your family’s situation.

7. What kind of information about myself and my spouse will I, as the petitioner, need to provide to the Department of Homeland Security, Citizen and Immigration Services?

For detailed information regarding the Citizen and Immigration Services’ initial I-600A petition process, read Basic Orphan Petition Procedures and their booklet titled The Immigration of Adopted and Prospective Adoptive Children.

Adoptive parents must provide proof of U.S. citizenship, marital status (including marriage certificates, death certificates, and divorce certificates), a complete and current home study within prescribed time limits, proof of compliance with any preadoption state requirements, required filing fees, and documents necessary for any security checks (Each adult member of the household must be fingerprinted by the Citizen and Immigration Services. See question #9 for more details on the fingerprinting requirements.)

8. I have many questions about the FBI’s fingerprinting procedures in the Adoption Application Process

Since May 31, 2003, FBI fingerprint-based clearances for adoptive parents expire after 15 months (Please note that different forms have different expiration dates). The Department of Homeland Security's Citizenship and Immigration Services recommends that prospective adoptive parents who plan to travel abroad to file an I-600 Orphan Petition within 30 days of the expiration of their fingerprint check validity be re-fingerprinted prior to departing the United States. The following information answers many common questions. In addition to this information, click here to see Citizen and Immigration Services’ fingerprinting process page.

Q: How could I know whether my fingerprint clearance is valid when I have my immigrant visa interview? If I discover my fingerprint clearance will expire before my visa interview date, what should I do?

A Citizen and Immigration Services office prints the validity of fingerprint clearances on the I-171H, so most families can find this information on their I-171H, which Citizen and Immigration Services sends after approving a petition. If you do not know the date of your fingerprint clearance, you should check with the Citizen and Immigration Services office where you submitted your fingerprint cards. Click here for a list of Citizen and Immigration Services offices.

Q: How will I know that my fingerprint files are about to expire?

A: Your fingerprint clearances files expire 15 months after the date that Citizen and Immigration Services received a response from the FBI. This is approximately 15 months from the date that the FBI fingerprinted you.

Q: I have children living at home. They are older than 15. Do they need a fingerprint check?

A: Currently, the fingerprint requirement applies to all members of the household older than 15 years of age.

Q: I have adopted my child and brought him/her into the country. Is there any reason for me to be fingerprinted again?

A: No, there is no need for you to be fingerprinted again. Your application for a specific child was approved. If you file another I-600A application to adopt another child, you will need to be fingerprinted at that time.

Q: I filed an I-600A and an I-600 application in your office. The I-600A was approved 12 months ago, and the I-600 was approved 10 months ago. My child will be brought into the U.S. in 4 months. My fingerprints, taken when I filed my I-600A, expire in 3 months. Should I be reprinted?

A. No, you do not need to be printed again. You filed both your I-600A and your I-600, and got approvals on both within the 15 months that your prints were valid.

Q. My I-600A was approved 12 months ago, and I had my fingerprints taken when I filed my application. That would mean that my prints will expire in 3 months. I plan to bring my child home in 2 months and want to file an I-600 then. Should I be printed again, just in case?

A: Yes, if you will be filing an I-600 application within 30 days of your fingerprint expiration, it is recommended that you be printed again.

Q: I brought in my I-600A application 6 months ago, and it was approved 3 months ago. If I don’t know when I will be filing my I-600, should I be re-fingerprinted so that I can be assured that my prints will remain valid for the duration of my approval?

A: No, it is best if you wait until you are certain that your prints will expire before having them taken again. Have your prints taken again a month before expiration.

Q: If I do need to be re-fingerprinted, will I need to pay the fee?

A: Yes, if you need to be re-fingerprinted you will need to pay the $70 fingerprinting fee for each adult member of your household being re-fingerprinted. Please note, the fingerprint fee cannot be paid at the Application Support Center (ASC) where your fingerprints are taken. The fingerprint fee must be paid at your local Citizenship and Immigration Services office. When you go to the Citizen and Immigration Services office to be scheduled for fingerprints, bring your I-171H approval notice with you. You will then be provided with a referral letter/appointment notice giving you the date, time and location to appear for fingerprinting.

Q: I am planning to travel overseas to file my I-600. Can I wait and be fingerprinted at the Embassy or Consulate?

A: Yes, you can. You should be aware that the fingerprint clearance process for persons fingerprinted overseas takes much more time than it does for those who are fingerprinted in the United States. If your fingerprints have expired, or will expire before your date of travel, you should contact your local Citizen and Immigration Services office to be fingerprinted again so that your fingerprints can be processed sooner.

9. How Do I Find out about the Status of My Application?

Please contact the Center for Immigration Services office that received your application. You should be prepared to provide the Citizen and Immigration Services staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Click here for information on Citizen and Immigration Services offices.

10. When can I come to China to pick up my child?

As soon as the China Center for Adoption Affairs sends a travel permission letter to your adoption agency. (The Chinese government requires all adoptive parents to work with an approved adoption agency. If you are already living in China, you will work with Bridge of Love agency. See question #6.)

11. I have received a travel permission letter. Can I leave immediately to pick up my child?

When you decide to pick up your child is your decision and should be co-ordinated with your agency. However, your child cannot go to the United States without an immigrant visa. This requires an immigrant visa interview at U.S. Consulate Guangzhou, and if you have completed all steps of this process, the visa will be ready 30 hours later, when you return to the Consulate for a swearing-in ceremony. Before coming to China, prospective adoptive parents should work with their adoptive agencies to schedule an orphan immigrant visa interview with U.S. Consulate Guangzhou’s Adoptive Children’s Immigration Visa Unit.

Adoption agencies representing adoptive parents must e-mail or fax ACIVU a request with the subject line 'Appointment request from AGENCY'S NAME.' The agency must also fax or mail a copy of the China Center for Adoption Affairs' travel permission letter, the letter's number, the adoptive parent's names, the child’s Guangzhou case number (preceded by the letters GUZ), I-171H expiration date, the expiration date of the I-600a (visas 37 cable), the fingerprint expiration date and at least three preferred interview dates based on proposed travel itineraries (You are welcome to use our appointment request form listed below. You can also use the link to the same form in Forms and Sheets section.).

Our office will confirm your appointment date in writing AFTER we have confirmed the receipt of a valid Visas 37 cable from USCIS and the fingerprint expiration date. We will try to schedule your date as close to the date requested as possible.  NOTE: We strongly recommend you do not finalize travel plans until your agency has received confirmation of your appointment from the adoptions unit IN WRITING. Failure to secure an appointment in advance of your travel to China may result in a delay in China for several days or longer, particularly during busy periods.

Click here for appointment request format

Your adoption agency will help you handle the formalities of the adoption of the child from the province where he or she lives. Click here to see the foreign adoption stage of this process.

12. My spouse and I are both adopting but only one of us can come to China. Is this a problem?

If two parents are adopting a child and only one comes to China to register the child, the Consulate puts an IR-4 visa in the child’s passport. Be sure your agency and the Consulate is aware only one parent will be coming to China prior to your interview. Your agency will help you in all stages of this process. For additional information on special situations that apply only to IR-4 visas, also read our IR-4 visa page. You should also read questions #15 and #18.

13. How can I know if I am required to submit a home study addendum and/or an updated approval notice?

If major household changes have occurred since the parent’s I-600A petition approval, such as employment or residence, number of people living in the family’s residence, finances, and/or the family is adopting a special needs child but was approved for a child with no special needs, the family is required to submit a home study amendment to USCIS, who will then update the approval for the family.  The Consulate cannot accept a home study amendment directly.  Only USCIS can update an approval for a family whose circumstances have changed. (If an adult has been added to your household or you have children who are older than 15, contact your Department of Homeland Security, Citizen and Immigration Services office for instructions regarding home study and fingerprinting requirements). A person licensed to perform home studies in the United States or in the foreign country where the child lives must write any submitted home studies and amendments. If a properly licensed individual residing abroad completes these documents, an agency licensed in the U.S. to prepare home studies must also review them. (For a list of some appropriate home study providers residing in China or Hong Kong, contact U.S. Consulate Guangzhou’s adoptions unit). After receiving the home study amendment, USCIS will send notice of the updated approval to the NVC, who will then forward that approval to the Consulate.  As the process of getting an updated approval may take a week or more, families and adoptions agencies are urged to submit home study amendments to USCIS as soon as possible to prevent delays in the visa issuance of the child.  For more information on how to obtain an updated approval, please click here.

14. If I am a U.S. citizen, will the child I adopt automatically become a citizen too?

The Child Citizenship Act declares that children who are younger than 18 years of age and have at least one parent who is a U.S. citizen, whether by birth or naturalization, will acquire automatic citizenship if the child has received an IR-3 visa (one parent adopting or two parents adopting when both travel to China to register the child). Under the CCA, children who receive IR-3 visas automatically acquire U.S. citizenship upon entry. Click here for to see Citizen and Immigration Services’ information page

If the child received an IR-4 visa, this stamp begins the child's green card process and the family should begin re-adoption proceedings in their home state. For additional information on special situations that apply only to IR-4 visas, also read our IR-4 visa page.

15. Will my adopted child have dual citizenship?

The laws, practices, and standards for dual citizenship and the significance of that status continually change.

Current U.S. nationality laws do not explicitly address dual nationality, but the U.S. Supreme Court has stated that dual nationality is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both."

Specifically, the United States has no dual nationality agreement with China. However, China does not recognize naturalization in a foreign country as grounds for loss of nationality.

Consequently, a naturalized U.S. citizen may retain the nationality of his or her birth, even a person who has applied to become a naturalized U.S. citizen is required to "take an oath to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state or sovereignty of whom or which the applicant was before a subject or citizen."

While recognizing the existence of dual nationality, the U.S. Government does not encourage the practice as a matter of policy because of the potential related problems. For example, dual nationality often hampers efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person.

Federal law does require that U.S. citizens exit and enter the United States on a U.S. passport, with certain limited exceptions. In practical terms, the Chinese government will continue to consider your adopted child a Chinese citizen and not an American. However, should your child return to China using their U.S. passport, they will likely be considered an American by the Chinese authorities.

16. How do I apply for my child's U.S. passport once we've returned to the United States?

If one parent is adopting and he or she comes to China to register the adoption, or two parents are adopting and both come to China to register the adoption, the Consulate puts an IR-3 visa in the child’s Chinese passport.

According to the provisions of the Child Citizenship Act of 2000, the recipient of an IR-3 visa becomes a citizen of the United States the moment an official at a U.S. border stamps his or her passport. You can therefore take your child's Chinese passport that contains the IR-3 visa and the admittance stamp to any passport agency. In order to receive the child's passport, you will need: (1) Evidence of the child's relationship to a U.S. citizen parent (a certified copy of the final adoption decree); (2) the child's foreign passport with Citizen and Immigration Services' I-551 stamp or the child's resident alien card; and (3) the parent's valid identification.

If two parents are adopting and only one comes to China to register the adoption, the Consulate puts an IR-4 visa in the child’s Chinese passport.

If your child receives an IR-4 visa, you must first complete the adoption process in your home state and receive your child's Certificate of Naturalization.

For additional information on special situations that apply only to IR-4 visas, also read our IR-4 visa page.

17. How do we apply for our child's Social Security Number?

To apply for a Social Security Number, you may present either a Certificate of Naturalization or the child’s U.S. Passport. Please contact the Social Security Administration for instructions on completing an application. Visit http://www.ssa.gov/ for more details.