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II. ORPHAN PROCESSING AT A GLANCE: THE OTHER WAYHow to Start
Locate a child to adopt who can be classified as an orphan according to the U.S. immigration law.
File orphan petition on behalf of the orphan.
Forms and Documents
1. Form I-600, Petition to Classify Orphan as an Immediate Relative.
2. Fingerprints for each adoptive or prospective adoptive parent and each adult member of the adoptive or prospective adoptive parents’ household on Form FD-258. If the adoptive or prospective adoptive parent(s) are in the United States, the USCIS will schedule fingerprinting appointments after receiving the application. If the adoptive or prospective adoptive parent(s) are abroad, fingerprints may be taken at a U.S. embassy, consulate, U.S. military installation or USCIS office. A complete definition of “adult member” can be found in Appendix B.
3. Proof of the petitioner’s U.S. citizenship and, if the petitioner is married and residing in the United States, proof of the spouse’s U.S. citizenship or lawful immigration status.
4. Proof of the marriage of the petitioner and spouse, if married.
5. Proof of the legal termination of prior marriages of the petitioner and spouse or unmarried petitioner, if applicable.
6. Proof of compliance with preadoption requirements, if any, of the state of the child’s proposed residence.
7. A favorably recommended home study that meets the requirements as outlined in Section III, D of this publication.
8. Required filing fee.
9. Proof of child’s age and identity.
10. Proof that the child is an orphan as appropriate:
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proof that the orphan has been abandoned or deserted by, separated or lost from both parents or that both parents have disappeared or died;
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death certificate(s) of the child’s parent(s), if applicable;
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proof that the child’s sole or surviving parent is unable to provide for the child’s basic needs, consistent with the local standards of the foreign sending country and has, in writing, irrevocably released the child for emigration and adoption;
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proof that the child has been unconditionally abandoned to an orphanage, if the child is in an orphanage.
11. If there was no adoption abroad, proof that the preadoption requirements, if any, of the state of the child’s proposed residence have been met. This is also required if the child has been adopted abroad, but the adoption is not full and final, or if the unmarried adoptive parent, or both married adoptive parents, did not personally see the child prior to or during the adoption proceeding.
12. If there was no adoption abroad, proof that the prospective parent(s) have, or a person or entity working on behalf of the parent(s) has, legal custody of the child for emigration and adoption in the United States.
13. If the child has been adopted abroad, a final decree of adoption must be submitted. For an adoption to be recognized as full and final, evidence must be submitted that the unmarried adoptive parent, or both married adoptive parents, saw the child prior to or during the adoption proceeding. If only one married adoptive parent or no adoptive parent saw the child, then procedures outlined in number 11 above must be followed.
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