An alien in the United States who is in valid nonimmigrant status may not petition for immigration for their adopted children. A newly adopted child by a non-immigrant alien would not qualify for a dependent visa (such as an H-4 and F-2) unless they satisfy the three requirements for adopted children (i.e., adoption before the age of sixteen, two years custody, and two years of residence with the adoptive parent). However, a newly adopted child may apply for a B-2 visa to visit his/her adoptive parent(s) in U.S.

For example, Henry, a 14 year old boy was adopted by Vincent in his home country. Henry has lived with and been in the custody of Vincent since then. Six months later after Henry’s adoption, Vincent traveled to the U.S. and joined Texas A&M University as a visiting scholar with J-1 status. Henry may not apply for a J-2 visa to visit Vincent; instead he may apply for a B-2 visa. The reason that Henry cannot qualify for a J-2 visa is that he had not yet been living with and under Vincent’s custody for two years.

For more information on immigration Process for Regular Adoption, please visit the following links:

• Regular I-130 Petition
• Definition of Child
• Adoption of Foreign-born Orphans
• Adopted Children
• Adoption By U.S. Citizens
• Adoption by U.S. Permanent Residents
• Adoption by Aliens in the U.S. with Valid Nonimmigrant Status
• The Immigration Procedure for an Adopted Child
• Citizenship for adopted children
• Immigration Privileges for the Biological Parents of Adopted Children