Adoption by Aliens in the U.S. with Valid Nonimmigrant Status

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


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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