As a ‘Child’ of Adoptive Parents (IR2 Classification)
An adopted child can be the beneficiary of an immigrant visa petition as the “child” of American citizen parents if the child meets the following requirements:

• The child was adopted while under the age of 16. The adoption must be legal and final according to Honduran law. Click here for information regarding the requirements under Honduran law for adoptions.
• The child has been in the legal custody and has resided with the adopting parents for at least two years.

If a child meets the above requirements, the adoptive parents can file an I-130 petition to begin the process of obtaining an immigrant visa for the child. In general, this petition must be filed with the Department of Homeland Security in the United States. Only if the adoptive parents are resident in Honduras may the petition be filed with the Department of Homeland Security at the US Embassy in Tegucigalpa. Once the petition is filed, the case will be transferred to the National Visa Center (if it was filed in the US) and eventually to the US Embassy in Tegucigalpa. The case will be assigned an interview date and the applicant’s family will be advised regarding the documents s/he is required to bring to the interview.

If a child is not able to meet the requirements above, s/he can still be eligible to apply for an immigrant visa if s/he meets the legal definition of an orphan, as explained below.

As an ‘Orphan’ (IR3 and IR4 Classifications)

A child may be the beneficiary of an immigrant visa petition if it has been or will be adopted by an American citizen and meets the definition of an orphan, as stated below:

• The child has no parents because of the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents OR has a sole or surviving parent who is incapable of providing proper care and who has, in writing, irrevocably released the child for immigration and adoption.
• The child is currently unmarried and under the age of 21.
• The child was under the age of 16 at the time an I-600 immigrant visa petition was filed with the Department of Homeland Security on his or her behalf (or was under 18 at the time the petition was filed and is the sibling of a qualified child being adopted by the same parents).
• The child has been or will be adopted by a married US citizen and spouse jointly, or by an unmarried US citizen at least 25 years of age. Click here for information regarding the requirements under Honduran law for adoptions.

Note that the IR3 classification is for children who have already been adopted, while the IR4 classification is for children who will be adopted in the United States.

Advance Processing

US citizens who plan to adopt a foreign orphan but who do not have a specific child yet can begin the process by filing an Application for Advance Processing of Orphan Petition Form I-600A, with the US Citizenship and Immigration Services (USCIS) office in the United States having jurisdiction over their place of residence. Please click here for information regarding required documents to be submitted with Form I-600A.

(a) Eligibility for Advance Processing - An application for advance processing may be filed by a married United States citizen of any age and his or her spouse of any age, or an unmarried United States citizen, who is at least 24 years old at the time he or she files the advanced processing application and at least 25 years old at the time he or she files the orphan petition. The spouse of the United States citizen may be a citizen or an alien. An alien spouse must be in lawful immigration status if residing in the United States.

(b) Approved advance petitions - I-600A approved petitions are valid for eighteen (18) months from the date of approval. A Notice of Favorable Determination Concerning Application for Advance Processing of Orphan Petition (Form I-171H) is sent to the prospective adoptive parent(s). If you already have the receipt number provided by USCIS you can go to their website to find out the status of the case. This decision, however, does not guarantee that the orphan petition(s) will automatically be approved. An orphan petition may still be denied because the child does not qualify as an orphan or for other proper cause.

Overseas Orphan Investigation I-604

As part of the normal processing of all orphan adoption cases, an investigation is performed with the purpose of confirming that the child is an orphan as defined in the law, that the child does not have an illness or disability not described in the orphan petition, and to avoid any possibility of fraudulent practices. Depending on the circumstances surrounding the case, the I-604 investigation shall include, but shall not necessarily be limited to, document checks, telephonic checks, interview(s) with the natural parent(s), and/or a field investigation. The investigation is also done as a service to the adoptive parent(s) because it protects them from a potential heartbreaking situation and/or adverse legal proceeding, which may occur when the legality of an adoption is subsequently challenged. Please click here to see a list of the required documents for an orphan investigation.

Orphan Petition

Once an orphan child has been identified for adoption, the parents may file Form I-600, Petition to Classify Orphan as an Immediate Relative, in order to begin the process of obtaining an immigrant visa for the adoptee. The filing fee must always be paid except when an Advance Processing Application (Form I-600A) has been approved within the past 18 months. Only one fee is required if more than one petition is submitted by the same petitioner on behalf of orphans who are siblings. Click here to see a list of required documents to be submitted with Form I-600.

What Happens Next

Once the petition is approved, the case will be transferred to the Consulate of the US Embassy in Tegucigalpa. The petitioners will be contacted with an appointment date for the immigrant visa interview for their adopted child. Please click here to see the list of required documents for the visa interview. In certain cases, under the Child Citizenship Act, adopted children will automatically become US citizens once they enter the United States. In these cases, the petitioners do not need to provide an Affidavit of Support during the visa interview. Please contact the Immigrant Visa Section of the Consulate if you have any questions regarding the interview process or if you would like to schedule an interview appointment for your adopted child.

Other Links

Department of State Consular Affairs International Adoptions Site

Department of State International Parental Child Abduction Site

Instituto Hondureño de la Niñez y la Familia (IHNFA) (Available in Spanish only)

Honduran Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores - Available in Spanish Only)

Bureau of Consular Affairs

U.S. Embassy in Tegucigalpa, Honduras

U.S. Citizenship and Immigration Services (USCIS)

Title 8 of Code of Federal Regulations (8 CFR)