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§ 204.306 Classification as an immediate relative based on a Convention adoption.
8 CFR 204.309
requires the denial of a Form I-800A or Form I-800, a child is eligible for classification as an immediate relative, as defined in section
of the Act, on the basis of a Convention adoption, if the U.S. citizen who seeks to adopt the child establishes that:
(1) The United States citizen is (or, if married, the United States citizen and the United States citizen's spouse are) eligible and suitable to adopt; and
(2) The child is a Convention adoptee.
(b) A U.S. citizen seeking to have USCIS classify an alien child as the U.S. citizen's child under section
of the Act must complete a two-step process:
(1) First, the U.S. citizen must file a Form I-800A under
8 CFR 204.310
(2) Then, once USCIS has approved the Form I-800A and a child has been identified as an alien who may qualify as a Convention adoptee, the U.S. citizen must file a Form I-800 under
8 CFR 204.313