The I-800 process applies to orphan adoptions that are covered by the Hague Convention and US implementation IAA. The I-600 process continues to apply to those orphan adoptions that are not covered by the Hague Convention.  For all cases filed after April 1, 2008, if an orphan adoptee is from a Hague Convention member country, I-800 procedure mustbe usedBoth I-600 and I-800 do not require two year co-habitation or two year custody and typically speed up the process for adopted child of a qualified U.S. Citizen to immigrate to the U.S. and become U.S. Citizens. While I-600 orphan adoptions and I-800 Hague Convention adoptions are similar, there are some noteworthy differences.

1. Qualifying countries:

Hague Convention adoptions (I-800 process) apply only to countries that are party to the Hague Convention on Intercountry Adoption and where the convention has entered into force. These countries are referred to by the Department of State as “Hague Countries” or “Convention Countries.”

Orphan adoptions (I-600 process) apply to any non-Hague country.

2. Child qualifications:

Both Hague Convention adoptions and Orphan adoptions are for “orphan” children. However, each process has a different definition for a qualified child.

For the Hague Convention adoptionI-800 process, a child is considered a qualified Convention adoptee if his birth parents, or parent in the case of a child with only one sole of surviving parent, or other person or institution with legal custody of the child, give their written consent to end their legal relationship with the child and allow the child’s emigration and adoption. A child may also be considered a convention adoptee if his birth parents are incapable of providing proper care for the child and have placed that child for adoption. It is therefore possible for a child to qualify for a Hague adoption even though he has two surviving parents.

A child is qualified for the I-600 orphan adoption process  [if he no parents due to death or disappearance of, abandonment or desertion by or separation or loss from both parents. A child is also considered an orphan when his sole or surviving parent is unable to take proper care of the child and has released the child for emigration and adoption. However, if both parents of the adoptee are alive, the adoption can not be classified as orphan adoption under I-600.

3. Required forms and filing procedure:

Hague Convention adoptions require Form I-800A and Form I-800. Form I-800 cannot be filed until after USCIS has approved Form I-800A. Applicants or their agents may not adopt the child or obtain custody of the child until after Form I-800A has been approved and Form I-800 has been conditionally approved.

Orphan adoptions require that Form I-600A and then Form I-600 be filed or that Form I-600 be filed alone. In adoption cases, the applicants or their agents can adopt the child or obtain custody of the child prior to the submission of Form I-600A or I-600.

4. Approval notice validity periods:

Approval notices for Form I-800A are valid for 15 months from the date of approval unless an extension is requested using Form I-800A, Supplement 3. There is no filing fee for the first extension; the fee for additional extension requests is $340.

Approval notices for Form I-600A remain valid for 18 months from the date of approval unless an extension is requested. Applicants can request one extension by submitting a written request to the USCIS office where Form I-600A was submitted. There is no filing fee for the extension request. However, applicants will not be allowed to request more than one extension for Form I-600A approval.

Please note, I-130 family-based immigration petitions are still applicable in Hague and Non-Hague countries and exist independently as the process for non-orphan adoptions.

For other information about Adoption and Immigration, please click on one of the following topics below:

A Brief Background for Adoption
Who can be considered as a child?
What about an adopted child?
Adopted by a US Citizen
Adopted by a Permanent Resident
Adopted by an Alien with a Valid Non-immigration Visa
The Immigration Procedure for Adoption
Citizenship of the Adopted Child
Adopted Child and His Natural Parents

ORPHAN ADOPTION PROGRAM

Orphan Adoption Program and Eligibility
Advance Processing and Orphan Petitions
The Immigration Procedure for Adopted Orphans
Citizenship of the Adopted Orphan

HAGUE CONVENTION ADOPTION PROGRAM

Hague Convention Adoption and Eligibility
Differences between Hague adoptions (I-800) and orphan adoptions (I-600)

Frequently Asked Question about Adoption and Immigration

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