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International Adoption Simplification Act of 2010

Instructions for a Hague Convention Birth Siblings between Age 16 and 18

The International Adoption Simplification Act of 2010, Public Law 111-287, amended section 101(b)(1)(G) of the Immigration and Nationality Act to allow the birth sibling of an adopted child to qualify as a Hague Convention adoptee after the birth sibling’s 16th birthday, but prior to the birth sibling’s 18th birthday. After November 30, 2010, a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative may be filed, in accordance with form filing instructions, if:

  • The child is from a country Party to the Hague Convention on Protection of Children and Cooperation with Respect to Intercountry Adoption
  • The child is the birth sibling of another foreign national child who has immigrated or will immigrate based on adoption by the same adoptive parents
  • The Form I-800 is filed before the expiration of the notice of approval or extension of the I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and before the child’s 18th birthday

No additional filing fee for a Form I-800 is required when filing for children who are birth siblings.

You must have an approved, valid Form I-800A, prior to filing Form I-800. If the approval of the Form I-800A (including any extensions) has expired or you never filed a Form I-800A, you will need to file a Form I-800A, with fee, in accordance with the Form I-800A instructions.

Special Instructions for a Sibling Child who Turned 18 on or after April 1, 2008

The International Adoption Simplification Act of 2010, (Section 4(b)) also allows a U.S. citizen to file a visa petition for a child who meets the following requirements:

  • The child is from a country that is a Party to the Hague Convention on Protection of Children and Cooperation with Respect to Intercountry Adoption
  • The child turned 18 on or after April 1, 2008
  • The petitioner has adopted or will adopt the child
  • The child is the birth sibling of another foreign national child who has immigrated or will immigrate to the U.S. based on adoption by the same adoptive parents
  • Form I-800 is properly filed by the petitioner on or before November 30, 2012

You must have an approved, valid Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, prior to filing Form I-800. If the approval of the Form I-800A (including any extensions) has expired or you never filed a Form I-800A, you will need to file a Form I-800A, with fee, in accordance with the Form I-800A instructions.

When completing the Form I-800 under these special instructions for an older birth sibling, you should write “N/A” in response to questions 9 through 17, inclusive. No additional filing fee for a Form I-800 is required when filing for children who are birth siblings. You must submit the following supporting documents with Form I-800:

  • Birth certificates for each sibling or other evidence that they are birth siblings
  • Evidence that the younger birth sibling either already has immigrated or will immigrate to the United States as your adopted child, orphan or Convention adoptee
  • A copy of the adoption decree for the older birth sibling you are filing for, if you have already adopted them. If you have not already adopted the older birth sibling, information about the pre-adoption requirements under the law of the State where you will adopt, to show that you will be able to adopt the older birth sibling in that State, despite the fact that they are already over 18

Last Reviewed/Updated: 04/05/2011