Children, birthparents and prospective adoptive parent(s) will have greater protections under the Convention on Protection of Children and Co-operation in Respect of Intercountry AdoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. (Hague AdoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. convention), effective April 1, 2008. New safeguards administered by U.S. Citizenhsip and Immigration Services (USCIS) under the Hague include the creation of new forms and improved, centralized examination processes for intercountry adoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States., applications and petitions under the Hague AdoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. Convention.www.travel.state.gov). The agreement provides a framework of rules and procedures for the countries to work jointly to ensure certain intercountry adoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. protections. These include providing adoptees with permanent and loving homes and looking after children’s best interests throughout the adoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. process, thus preventing the abduction, sale or illegal traffic of children.www.uscis.gov.

The Hague AdoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. Convention is an international treaty between Convention member countries (

The new forms being introduced are an Application for Determination of Suitability to Adopt a ChildGenerally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchildA spouse’s child from a previous marriage or other relationship. In order for a stepchild to be able to immigrate as a “child,” the marriage creating the stepchild/stepparent relationship must have happened before the stepchild was 18 years of age., provided that the child was under 18 years of age at the time that the marriage creating the stepchildA spouse’s child from a previous marriage or other relationship. In order for a stepchild to be able to immigrate as a “child,” the marriage creating the stepchild/stepparent relationship must have happened before the stepchild was 18 years of age. relationship occurred; a legitimatedMost countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. unless: only one of the parents is living, or both of the parents have abandoned the child. child, provided that the child was legitimatedMost countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. unless: only one of the parents is living, or both of the parents have abandoned the child. while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. in the legal custody of the adopting parents for at least 2 years; or an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated., under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visavisa allows the bearer to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.), US Customs and Border Protection (CBP) immigration inspectors determine admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more. into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. visa only relates to when an individual may apply for entry into the U.S. DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information. immigration inspectors will record the terms of your admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more. on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport. petition submitted in his/her behalf and is coming to the United States for adoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. by a U.S. citizen. from a Convention Country (I-800A), and the Petition to Classify a Convention Adoptee as an Immediate RelativeSpouseLegally married husband or wife. A co-habiting partner does not qualify as a spouse for immigration purposes. A common-law husband or wife may or may not qualify as a spouse for immigration purposes, depending on the laws of the country where the relationship occurs., widow(er) and unmarried children under the age of 21 of an American citizen. A parent is an immediate relative if the American citizen is 21 years of age or older. There are no numerical limits to immigration of immediate relativesCertain immigrants who because of their close relationship to U.S. citizens are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.. (I-800). The purpose of the I-800A is to review the suitability and eligibility of prospective adoptive parent(s), while the I-800 determines a childGenerally, an unmarried person under 21 years of age who is: a child born in wedlock; a stepchildA spouse’s child from a previous marriage or other relationship. In order for a stepchild to be able to immigrate as a “child,” the marriage creating the stepchild/stepparent relationship must have happened before the stepchild was 18 years of age., provided that the child was under 18 years of age at the time that the marriage creating the stepchildA spouse’s child from a previous marriage or other relationship. In order for a stepchild to be able to immigrate as a “child,” the marriage creating the stepchild/stepparent relationship must have happened before the stepchild was 18 years of age. relationship occurred; a legitimatedMost countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. unless: only one of the parents is living, or both of the parents have abandoned the child. child, provided that the child was legitimatedMost countries have legal procedures for natural fathers of children born out of wedlock to acknowledge their children. A legitimated child from any country has two legal parents and cannot qualify as an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. unless: only one of the parents is living, or both of the parents have abandoned the child. while in the legal custody of the legitimating parent; a child born out of wedlock, when a benefit is sought on the basis of its relationship with its mother, or to its father if the father has or had a bona fide relationship with the child; a child adopted while under 16 years of age who has resided since adoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. in the legal custody of the adopting parents for at least 2 years; or an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated., under 16 years of age, who has been adopted abroad by a U.S. citizen or has an immediate-relative visavisa allows the bearer to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.), US Customs and Border Protection (CBP) immigration inspectors determine admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more. into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. visa only relates to when an individual may apply for entry into the U.S. DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information. immigration inspectors will record the terms of your admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more. on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport. petition submitted in his/her behalf and is coming to the United States for adoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. by a U.S. citizen.’s Convention classification eligibility.

Additionally, USCIS established a special unit to process all Hague intercountry adoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. applications and petitions at its USCIS NationalA person owing permanent allegiance to a state Benefits Center. The special unit will also provide customer service support to prospective adoptive parents who have filed Form I-800A or Form I-800.

Prospective adoptive parents are encouraged to visit and download the forms and filing instructions and Hague AdoptionThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphanThe Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act provides a definition of an orphan for the purposes of immigration to the United States. A child may be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. The child of an unwed mother or surviving parent may be considered an orphan if that parent is unable to care for the child properly and has, in writing, irrevocably released the child for emigration and adoption. The child of an unwed mother may be considered an orphan, as long as the mother does not marry (which would result in the child’s having a stepfather) and as long as the child’s biological father has not legitimated the child. If the father legitimates the child or the mother marries, the mother is no longer considered a sole parent. The child of a surviving parent may also be an orphan if the surviving parent has not married since the death of the other parent (which would result in the child’s having a stepfather or stepmother). Note: Prospective adoptive parents should be sure that a child fits the definition of ”orphan” before adopting a child from another country, because not all children adopted abroad meet the definition of “orphan,” and therefore may not be eligible to immigrate to the United States. Out of Wedlock (born out of wedlock) - A child born of parents who were not legally married to each other at that time. Note: Adoptive and prospective adoptive parents of a child who was born out of wedlock in any country should find out whether or not the child has been legitimated. for the purposes of immigration to the United States. Convention Fact Sheet, available on the Internet at