V. Basic Orphan Petition Requirements

A.  Adoption Abroad
If the orphan was adopted abroad, the petitioner must prove that both the married petitioner and spouse, or the unmarried petitioner, personally saw the child prior to or during the adoption proceedings. (Note that viewing a video or observing a photograph of a child does not constitute “personally seeing” the child.) The married petitioner and spouse must adopt the child jointly, or the unmarried petitioner must be at least 25 years of age at the time of the adoption.

B.  Adoption Abroad That Does Not Meet All Requirements
If both the petitioner and spouse or the unmarried petitioner did not personally see and observe the child prior to or during the adoption proceedings abroad, the petitioner (and spouse if married) must submit a statement showing the petitioner’s (and, if married, the spouse’s) willingness and intent to readopt the child in the United States. If requested, the petitioner must submit a statement from an official of the state in which the child will reside that readoption is permitted in that state. In addition, proof of compliance with the preadoption requirements, if any, of that state must be submitted.

C.  Preadoption Requirements
If the orphan was not adopted abroad, the petitioner and spouse or unmarried petitioner must establish that the child will be adopted in the United States by the petitioner and spouse jointly or by the unmarried petitioner. The petitioner must check the block on the Form I-600, Petition to Classify Orphan as an Immediate Relative, which shows the intent to adopt the child in the United States.

The petitioner and spouse or the unmarried petitioner must also prove that the preadoption requirements, if any, of the state of the orphan’s proposed residence were met. Preadoption requirements, if any, vary from state to state. Information on how to prove that these requirements have been met may be obtained from state and local officials who have jurisdiction in adoption matters, licensed public and private adoption agencies, or the USCIS office that has jurisdiction over the prospective adoptive parent(s)’ residence.

D.  Home Study
A favorable home study is required by U.S. immigration law and must be submitted in support of an advance processing application or orphan petition. The home study must be completed by a "home study preparer" who is licensed or otherwise authorized to prepare home studies for adoptions under the laws of the state where the orphan will reside. In the case of a child adopted abroad by parent(s) living abroad, the home study must be prepared by an individual or agency that is licensed or authorized to prepare a home study under the law of any state of the United States or any party licensed or otherwise authorized by the foreign country. Before submission to the USCIS, a home study prepared abroad must be reviewed by and receive a favorable recommendation by an appropriate public or private adoption agency licensed, or otherwise authorized, by any state of the United States to place children for adoption.

Both individuals and organizations may qualify to perform and prepare home studies. If an agency is licensed, the home study must include the state in which it is licensed, the license number, if any, and the period of validity of its license or authorization.

The home study research, including interviews and preparation, may be done in the United States or abroad, depending on where the prospective adoptive parent(s) live. If the prospective parent(s) live in the United States, the home study must be performed by an entity approved by the state where they live. For prospective parent(s) who reside outside the United States, a responsible state or licensed agency can accept a home study done by a licensed or otherwise authorized foreign agency and use that home study as a basis for a favorable recommendation.

The home study must cover the following:

• an in-person interview and home visit with the prospective adoptive parent(s). All other adult members of the prospective parents’ household must also be interviewed
• a factual evaluation of the physical, mental, and emotional capabilities of the prospective adoptive parent(s) as well as other adult members of the household
• a detailed description of the finances of the prospective adoptive parent(s), including but not limited to, income, debts, expenses and the costs of supporting other members of the family
• a detailed description of the prospective adoptive parent(s)’ living conditions
• if applicable, a detailed description of the prospective adoptive parent(s)’ ability to provide proper care for a disabled orphan
• a description of counseling provided to the prospective adoptive parent(s) or plans for post-placement counseling
• specific assessment of how the above factors would affect the prospective adoptive parent(s)’ ability to care for an adopted child., the number of orphans that they may adopt, and any restrictions on the children that should be placed with them
• a check of child abuse records, and inquiries into substance abuse, child or sexual abuse and/or domestic violence. These checks and inquiries must relate to each adult member of the prospective parents’ household. The results of these checks and inquiries must be noted in the home study
• if there were any previous rejections for adoptions or if an unfavorable home study was ever prepared regarding any adult member of the prospective parents’ household, explanations must be obtained
• a criminal history of each adult in the prospective parents’ household, including expungements and juvenile arrests
• failure to disclose an arrest and/or conviction, history of any substance abuse, sexual or child abuse, or domestic violence may result in a denial of the advance processing application or orphan petition

Prospective adoptive parent(s) and all adult household members over the age of 18 whose "principal or only residence" is the prospective adoptive parents’ home must disclose any history of arrest and/or conviction. Court certified copies of the indictment or information and judgment of all criminal court actions for the prospective adoptive parent(s) and each adult household member, along with a signed statement by the prospective adoptive parent(s) and/or adult household member relating to any mitigating circumstances, must be included in the home study.

Prospective adoptive parent(s) should know that even if there is a criminal or abuse history, a favorable recommendation may be made in the home study if “appropriate rehabilitation” has been demonstrated.

The USCIS will not accept a home study that is more than six months old unless it is accompanied by an update that is less than six months old. Once the home study has been submitted, updates must be made if something significant occurs, including changes in marital status, finances, change in residence, arrests, convictions, etc.