Family Based Petition for an Adopted Child

Lawful permanent residents and U.S. citizens can use the family-based petition process. However, this process is generally not available to children from Hague countries.

Along with meeting other criteria, the adoptive parent petitioner must have evidence of a final adoption before the child’s 16th birthday (or 18th birthday if an exception applies) and satisfy the two-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits.

For more information on eligibility for the family-based petition process, go to our Other Adoption-Related Immigration page.

For information on applying for lawful permanent residence on behalf of a relative, go to our  Green Card page.

You may file online or by paper.

File online

Create a USCIS online account to file online and:

• Submit evidence and pay fees electronically;
• Receive case status updates about your case and see complete case history;
• Communicate with us securely and directly; and
• Respond to Requests for Evidence.  

If you already have a USCIS online account, sign into your account to get started.

File by Paper

You must:

• Read the Form I-130, Petition for Alien Relative;
• Complete and sign your Form I-130;
• Pay the filing fee, if applicable; and
• Provide all required evidence and supporting documentation.

Want status updates about your case? Learn how to create a USCIS online account to stay informed.

Once we receive your form, you will receive a: 

• Receipt notice confirming we received your petition;
• Biometric services notice, if applicable;
• Notice to appear for an interview, if required; and
• Notice of our decision.

• Form I-130
• Use our Fee Calculator to help determine your fee.