I-800, Petition to Classify Convention Adoptee as an Immediate Relative

To determine the child's eligibility for classification as a Convention adoptee. The U.S. citizen prospective adoptive parent files the petition to finalize the immigration process of a child who habitually resides in a Convention country. The petitioner must have an approved, valid Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, to file Form I-800.

Number of Pages

Form 9; Instructions 9; Supplement 1: 1

Edition Date

03/10/17. No previous editions accepted. You can find the edition date at the bottom of the page on the form and instructions.

Where to File

For U.S. Postal Service (USPS):

USCIS
P.O. Box 660087
Dallas, TX 75266

For FedEx, UPS and DHL deliveries:

USCIS
Attn: Hague
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

Filing Tips for Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative

Complete all sections of the form. We will reject the form if these fields are missing:

  • Part 1 – Information About You
    • Family Name
    • Home Address

Don’t forget to sign your form! We will reject and return any unsigned form.

Filing Fee

No fee is required for the first Form I-800 filed for a child on the basis of an approved Form I-800A. If more than one Form I-800 is filed during the approval period for different children, the fee is $775 for the second and each subsequent Form I-800. However, if the children are siblings before the proposed adoption, no additional filing fee is required.

You may pay the fee with a money order, personal check, cashier’s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

Checklist of Required Initial Evidence (for informational purposes only)

Please do not submit this checklist with your Form I-800. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Did you provide the following?

  • Your Form I-800A approval notice and, if applicable, proof we extended the approval period
  • Your Article 16 report which includes all the information specified in 8 CFR Part 204.313(d)(3) and (4)
  • A statement from your primary adoption service provider verifying that you have completed all pre-placement preparation and training 
  • A post-placement plan (if applicable)
  • Evidence you have complied with pre-adoption requirements in the state of the child’s proposed residence (if applicable)
  • Form I-864 or I-864W 
  • Form I-601 (if applicable)

Special Instructions

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 before the birth sibling’s 18th birthday. After Nov. 30, 2010, a Form I-800 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; and
  • 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

You must have an approved, valid Form I-800A, before 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; and
  • Form I-800 is properly filed by the petitioner on or before Nov. 30, 2012.

You must have an approved, valid Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, before 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, in Part 3. 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; and
  • 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.

E-Notification: If you want to receive an e-mail and/or text message that your Form I-800 has been accepted at a USCIS Lockbox facility, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application.  Form G-1145 can be downloaded through the link above.

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