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Policy Manual
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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
      • Part A - Adoptions Overview
      • Part B - Adoptive Parent Suitability Determinations
      • Part C - Child Eligibility Determinations (Orphan)
      • Part D - Child Eligibility Determinations (Hague)
      • Part E - Family-Based Adoption Petitions
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Eligibility
        • Chapter 3 - Hague Restrictions on Family-Based Petitions
        • Chapter 4 - Documentation and Evidence
        • Chapter 5 - Adjudication
        • Chapter 6 - Post-Adjudication Actions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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  1. Home
  2. Policy Manual
  3. Volume 5 - Adoptions
  4. Part E - Family-Based Adoption Petitions
  5. Chapter 1 - Purpose and Background

Chapter 1 - Purpose and Background

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  • Guidance
  • Resources (9)
  • Appendices (0)
  • Updates (2)
  • History (0)

A. Purpose

The family-based petition process is one of the three processes for a beneficiary to immigrate to the United States based on adoption.[1] Unlike the Hague Adoption Convention[2] or orphan processes, eligibility for the family-based process generally requires the adoptee beneficiary to have been in the legal custody of and jointly resided with the adoptive parent for at least 2 years (amongst other requirements),[3] and it does not require a USCIS determination of the adoptive parent’s suitability.  

There are certain restrictions for U.S. citizens on using the family-based petition process for an adoptee beneficiary from a Hague Adoption Convention country. USCIS can only approve a family-based petition filed by a U.S. citizen for an adoptee beneficiary from a Hague Adoption Convention country under limited circumstances.[4]

B. Background

The family-based petition process describes the process by which a U.S. citizen or lawful permanent resident (LPR) petitions for an adopted child, son, or daughter. The petition process establishes the petitioner’s[5] relationship to an adopted child, son, or daughter so that the adoptee beneficiary can apply to become an LPR.[6]

Filing a family-based petition[7] is the first step for an adopted child, son, or daughter to become an LPR. The filing or approval of the petition does not give the adoptee beneficiary any immigration status or benefit. Generally, if the petition is approved, the adoptee beneficiary will need to take additional steps to become an LPR.

C. Scope

This Part discusses the requirements for a qualifying family member to file a Petition for Alien Relative (Form I-130) on behalf of an adoptee beneficiary.  

This Policy Manual does not address other adoption-related requirements, such as those of the adoptee beneficiary’s country of origin,[8] state of proposed residence,[9] or other federal agencies, such as the U.S. Department of State.[10]

Additionally, this Part does not discuss how to obtain U.S. citizenship for an adoptee beneficiary.[11]

D. Legal Authorities

  • INA 101(b)(1)(E) – Definition of an adopted child

  • 8 CFR 204.1 – General information about immediate relative and family-sponsored petitions

  • 8 CFR 204.2 – Petitions for relatives, widows and widowers, and abused spouses and children

  • 8 CFR 204.303 – Determination of habitual residence

Footnotes


[^ 1] See Part A, Adoptions Overview [5 USCIS-PM A] for information on determining which adoption process (Hague Adoption Convention, orphan, or family-based) applies.

[^ 2] The Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (PDF) is referred to as the Hague Adoption Convention.

[^ 3] See INA 101(b)(1)(E).

[^ 4] For general information on when a U.S. citizen can file a family-based petition for a child from a Hague Adoption Convention country, see Part A, Overview and Guiding Principles [5 USCIS-PM A]. For information on how restrictions apply if the child is physically present in the United States, see Chapter 3, Hague Restrictions on Family-Based Petitions [5 USCIS-PM E.3].

[^ 5] Petitioner refers to the petitioning adoptive parent in this Part.

[^ 6] A person can apply for lawful permanent residence through either consular processing outside of the United States or adjustment of status within the United States. See Volume 7, Adjustment of Status [7 USCIS-PM]. Additional eligibility requirements apply to applicants seeking adjustment as opposed to consular processing.

[^ 7] See Petition for Alien Relative (Form I-130).

[^ 8] For general information on other countries’ requirements, see the U.S. Department of State (DOS)’s Country Information webpage.

[^ 9] See the Child Welfare Information Gateway’s State Laws Related to Adoption webpage.

[^ 10] For DOS guidance, see their Foreign Affairs Manual.

[^ 11] For information on acquisition of citizenship for the adopted children of a U.S. citizen, see Volume 12, Citizenship and Naturalization, Part H, Children of U.S. Citizens [12 USCIS-PM H]. For information on naturalization, see Volume 12, Citizenship and Naturalization [12 USCIS-PM].

Resources

Legal Authorities

8 CFR 204.1 - General information about immediate relative and family-sponsored petitions

8 CFR 204.2 - Petitions for relatives, widows and widowers, and abused spouses and children

8 CFR 204.303 - Determination of habitual residence

INA 101(b)(1) - Definition of child

INA 101(b)(1)(E) - Definition of a child adoptee for family-based process

Forms

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-130, Petition for Alien Relative

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Adoptions

November 19, 2021

U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS.

Read More
Affected Sections

5 USCIS-PM - Volume 5 - Adoptions

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 350.49 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Version History

No historical versions available.

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