The bilateral 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. agreement between the United States and Vietnam expired on Sept. 1, 2008.  Both nations have agreed to cease processing new 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. cases until the United States and Vietnam sign a new bilateral agreement. 

Question:   Now that Sept. 1 has passed, what is the status of adoptions from Vietnam?

According to the Vietnamese Ministry of Justice, prospective adoptive parents who received a formal referral (matched with 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.) by Sept. 1 will be allowed to process their 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. to conclusion.  Dossiers that were not referred by Sept. 1 will be closed and returned to 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. service provider.    

Question:  Should 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. service providers stop working on new adoptions from Vietnam?

The Department of State (DOS) and United States CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services (USCIS) strongly urge 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. service providers to stop matching prospective adoptive parents with children from Vietnam, and we also strongly encourage prospective adoptive parents not to seek or accept postAmerican Embassy, consulate or other diplomatic mission abroad. Not all American embassies, consulates and missions are visa-issuing posts.-Sept. 1 referrals from Vietnam at this time.  By stopping such activities, families will not be put in the extraordinarily difficult situation of being matched and bonding with 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. that cannot come to the U.S. based on an 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..  

Question:  Does this also apply to adoptions involving special medical needs, among others?

Because there are exceptions in Vietnamese law that allow certain cases to be processed even without a bilateral agreement, including some cases for children with medical issues and certain relative adoptions, agencies and adoptive parents have asked about processing such cases.  However, the definitions and procedures for such cases are not clearly defined.   At this time, USCIS and the Department of State will not process these types of cases.  The Vietnamese government is in agreement that such cases will not be processed without a new bilateral agreement in place. 

With the de-licensing of 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. service providers and the strong possibility that a postAmerican Embassy, consulate or other diplomatic mission abroad. Not all American embassies, consulates and missions are visa-issuing posts.-Sept. 1 special needs system would be decentralized, it is likely that a postAmerican Embassy, consulate or other diplomatic mission abroad. Not all American embassies, consulates and missions are visa-issuing posts.-Sept. 1, 2008 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. system would have even less safeguards and protections for children than the pre-Sept. 1 system with which we had significant concerns.  Therefore, DOS and USCIS have determined that it would be difficult, if not impossible, to implement a transparent and reliable 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. program for the special needs and other excepted types of cases in Vietnam without new protections and safeguards.  USCIS and DOS have thus concluded that it is in the best interest of children and families not to resume processing any postAmerican Embassy, consulate or other diplomatic mission abroad. Not all American embassies, consulates and missions are visa-issuing posts.-Sept. 1 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. cases until a new bilateral agreement is reached that resolves these concerns. 

Question:  How do I know if my case is a pre-Sept. 1 case?

On Sept. 23, 2008, the Vietnamese Department of International Adoptions (DIA) has provided a list of 534 United States dossiers that received referrals before Sept. 1.  These cases will be processed to conclusion.  Prospective adoptive parents unclear about the status of their case may wish to verify via e-mail with the United States Embassy in Hanoi (hanoiadoptions@state.gov) to confirm if their case is on the DIA list. 

Question:  When will processing of 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. cases resume in Vietnam?

The processing of 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. cases for children from Vietnam will resume when the United States and Vietnam enter into a new bilateral agreement on adoptions or the Government of Vietnam accedes to the Hague Convention on Intercountry Adoptions and 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. system in Vietnam is recognized by the United States as Hague compliant.

Both governments acknowledge the complexity of these issues and the importance of developing a transparent 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. system that protects the fundamental rights of all parties prior to resuming adoptions. The United States continues to strongly support the Vietnamese government’s efforts to establish a viable 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. system with sound safeguards and protections for children and families. Until then, USCIS and DOS have concluded it is in the best interest of children and families not to process any postAmerican Embassy, consulate or other diplomatic mission abroad. Not all American embassies, consulates and missions are visa-issuing posts.-Sept. 1, 2008 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. cases without the security of a new agreement. This action does not affect cases where the prospective adoptive parents were matched with 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. before Sept. 1, 2008, the date the previous bilateral agreement expired. 

Question:  May I still file a Form I-600A?

Yes.  Persons may continue to file a Form I-600A, Application for Advance Processing of 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. PetitionForm I-600.  However, if Vietnam is designated as the country from which the prospective adoptive parent intends to adopt, he or she should know that without a valid bilateral agreement in place, it will not be possible to finalize an 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 Vietnam and immediately bring the 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. to the United States on the basis of that 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.. 

Question:  May I still file a Form I-600 for 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. in Vietnam?

Yes.  If you received a referral prior to Sept. 1, 2008 that meets the criteria set forth above, including being on the list of dossiers forwarded by the Government of Vietnam, you may file Form I-600, Petition to Classify 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. 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.., for that 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. and the petition will be processed.

If you did not receive a referral before Sept. 1, 2008, USCIS and DOS will be unable to process your case or issue a 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. for the 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..