Presently, U.S. citizens may petition for an alien child to immigrate to the United States after they adopt an alien child overseas, or anticipate adopting an alien orphan in a foreign country (please see Adoption of Foreign-born Orphans).

Except in the case of adoption of foreign-born orphans and siblings of an adopted child, the petitioners must prove that

• the child was adopted before his or her 16th birthday;
• the adoptive parent or parents have had legal custody of the adopted child for two years; and
• the adopted child has resided with the petitioner for at least 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