What is the IR4 visa?
There are many US citizens who wish to adopt children from foreign countries. While they certainly have the right to do so, in order for your child to come and live in the United States, they must have a valid immigrant visa. The IR4 visa allows U.S. citizens to obtain child guardianship in a foreign country and then complete the adoption application in the United States.
The IR4 visa is a family green card that belongs to the Immediate Relatives category. Visas that fall into this group are always available, no matter how many people apply for them each year. The processing of IR4 visa applications is also much faster than the processing times for visas belonging to the Relative Preference category.
If your IR4 visa application is accepted, your adopted child will be able to stay in the United States permanently and enjoy all the rights that Green Card holders enjoy. This means they will be able to study and work in the United States without any restrictions . After having been in the United States on the IR4 visa for more than five years, they will be able to apply for U.S. citizenship.
What are the requirements for the IR4 visa?
If you wish to receive the IR4 visa for your adopted child, you and the child must meet the following criteria:
● The child must be unmarried and under 21 years old
● The child must be from a Hague Convention country or a non-Hague Convention country
● The child must meet the adoption criteria outlined in the U.S. Immigration and Nationality Act
● US parents must be willing to obtain guardianship of the child abroad and then adopt the child in the United States
● US parents must have a valid US address
● The US parents plan to bring the child to the US to live with them
● US parents must pass an eligibility test developed by USCIS
If you are unsure whether you and your child meet the eligibility criteria for the IR4 visa, speak to our immigration lawyers. They will tell you not only whether you can apply for the visa, but will also advise you which application route you should follow. Depending on whether the child is from a Hague country or a non-Hague country, there are two separate procedures for adopting a child from a foreign country.
How to adopt a child from a Hague Convention country?
The Hague Adoption Convention was established in 1993 to protect children and their adoptive parents from the dangers of irregular adoptions abroad. The Convention established a system to regulate international adoptions.
For adoptions of children from a Hague country, the authorities of both countries must express their agreement to proceed with the adoption. Private adoptions in the child’s country of origin are not permitted. This means that if a US citizen wishes to adopt a child through this route, he must contact a US accredited or approved adoption service provider in the country where the child he wishes to adopt is located.
After the U.S. citizen has chosen the adoption service provider from whom he or she wishes to receive assistance, he or she must complete Form I-800A, Determination of Eligibility to Adopt a Child from the Convention Country so that USCIS can perform a background check. precedents and evaluate whether it is suitable to adopt a child.
Once USCIS decides that you are eligible to begin the adoption process, you must apply to be matched with a child in a Hague Convention country of your choice. When the authorities of this country receive USCIS approval for adoption, you will receive details of the children you can adopt.
Next, you will need to fill out Form I-800, Petition to Classify Convention Adoptee as Immediate Relative. Once the petition is approved by USCIS, your adopted child will be eligible for the IR4 visa.
Finally, you will need to submit Form DS-260, Online Immigrant Visa Application to the U.S. embassy or consulate in your child’s country of origin.
How to bring a child from a Hague Convention country to the United States?
If you have correctly filled out all the required forms, the U.S. embassy or consulate in your child’s home country will issue a letter known as an Article 5/17 letter. This document will allow you to obtain a guardianship order for the child and bring him to the United States. Without the Letter you will not have guardianship of the child and therefore will not be able to take him with you to the United States.
If you want to get an IR4 visa for your child, you need to bring them to the United States to adopt. If you prefer to finalize the adoption process in the child’s country of origin, you should apply for the IR3 visa instead.
After receiving the letter, you will need to submit several supporting documents to the US embassy or consulate. Some of the documents you need to prepare include the child’s valid passport, the child’s birth certificate, and all medical documents.
You will also need to schedule an interview at a US embassy. During the interview you will be able to present the protective order to immigration officials to complete your application. Then, the US Embassy will decide whether your child can receive the IR4 visa.
How to adopt a child from a country not party to the Hague Convention?
The application process for children from non-Hague Convention countries is slightly different.
First, the US citizen who wishes to adopt the child must choose an adoption center located in the child’s country of origin. Since the country is not a Hague country, there are no accredited adoption service providers in the United States, so you will have to compare available adoption centers and choose one yourself.
Then, you will need to fill out Form I-600A, Application for Advance Processing of an Orphan Petition and submit it to USCIS. Based on the information on the form, the background check, and the fingerprint check, USCIS will determine whether you are eligible to adopt a child from a foreign country.
Once USCIS decides that you are eligible to continue the adoption process, you will need to obtain a guardianship order from your child’s country of origin. To be eligible you will have to meet requirements that vary depending on where your child comes from. The procedures you will need to follow also differ, so be sure to check country-specific information.
After you receive the guardianship order, you will need to fill out Form I-600, Petition to Classify Orphan as Immediate Relative and submit it to USCIS. Then, the office will evaluate whether the child you intend to adopt is eligible to immigrate to the United States.
What documents do I need to submit to adopt in case of adoption from a country not party to the Hague Convention?
If you wish to adopt a child from outside the Hague, you will need to include the following documents in your I-600 form:
● Child’s birth certificate
● If the birth certificate is not available, another explanation of the child’s identity and age
● Evidence that the child has lost his parents or that the parents cannot care for him
● Proof that the child’s biological parents gave him up for adoption
● Evidence that confirms your guardianship of the child
● Proof that you intend to complete the adoption process once your child joins you in the United States.
Once your petition and all documents are accepted, USCIS or a consular officer in your child’s home country will file Form I-604. If your form is approved, you will receive information from the US National Visa Center (NVC) on what the next steps should be.
After receiving approval from NVC, you will need to complete Form DS-260, Immigration Visa Online. You will also need to arrange an interview during which an official will decide whether the child is eligible for the IR4 visa.
FAQs:
What is the IR4 visa category?
The IR4 visa is a category of international adoption visas that allows U.S. citizens to bring children adopted abroad into the United States and finalize the adoption process in the country. There are two adoption paths that U.S. parents can follow, depending on whether the child comes from a Hague Convention country or a non-Hague Convention country.
If you wish to adopt a child from a Hague Convention country, you must contact one of the US-accredited or approved adoption service providers located in your child’s country of origin. However, if you intend to adopt a child from a country not party to the Hague Convention, you will have to choose an adoption agency yourself.
Quali sono le tariffe per il visto IR4?
Il costo finale del visto IR4 dipende dal paese di origine di tuo figlio. Tuttavia, quando richiedi il visto IR4 devi essere pronto a pagare le seguenti tariffe:
- Tariffa modulo I-800
- Tassa del modulo I-800a
- Tariffa modulo DS-260
- Tariffa modulo I-600A
- Tariffa modulo I-600
- Spese di traduzione, se applicabili
- Commissioni associate all’ottenimento dei documenti richiesti.
How long does IR4 visa processing take?
The length of time you will have to wait for your IR4 visa application to be processed depends on the country your child is from. There is no specific time period for IR4 visa processing. However, most requests are processed within 6-12 months.
It is worth noting that the IR4 visa belongs to the Immediate Relative category, so the waiting time to obtain it is much shorter than that for a Preferential Relative Green Card.
Will my child become a US citizen once he or she gets the IR4 visa?
nce your child receives the IR4 visa, they will have the right to reside in the United States as a Green Card holder. They will enjoy all the rights of permanent residents of the United States and will be protected by all laws of the country. They will be able to attend public school, work, own property, or leave and re-enter the United States as often as they want without losing their status.
However, after receiving the IR4 visa, your child will not automatically receive US citizenship. They will become eligible to apply for it after living in the United States for five years.