6 Key Tips for Fast-Tracking Your Adopted Child’s U.S. Visa

The U.S. is known for its friendly and open immigration policies. In addition to sponsoring biological children and stepchildren, many people are also interested in sponsoring adopted children to the U.S. Common questions include how long the process takes, what the documentation entails, and the associated fees.

In the following article, ImmiPath will answer all these questions and more. Check it out now!

1. What is the Visa Type of Sponsoring an Adopted Child to the U.S.?

If you are a U.S. citizen with an adopted child in Vietnam and wish to bring them to live with you in the U.S., this may be for reasons such as being closer to family, better healthcare, or ensuring a higher quality of life.

Currently, there are three scenarios for sponsoring an adopted child to the U.S.:

Visa Types	Brief Explanation
IR-3	Adopted Child of a U.S. Citizen (Adopted Outside the U.S.): At least one of the adoptive parents must have had contact with the child during the adoption process abroad. This visa is issued after the I-600 form is approved.
IH-3	Adopted Child of a U.S. Citizen (Adopted Outside the U.S.): The IH-3 visa is issued if the I-800 form has been approved and the adoption process was completed before the child arrives in the U.S.
IR-4	Adopted Child of a U.S. Citizen (Adopted in the U.S.): The IR-4 visa is issued after the I-600 form is approved if the adoptive parents have not met the child before or during the adoption process, and the adoption will be completed in the U.S.
IH-4	Adopted Child Coming to the U.S. to Be Adopted: The IH-4 visa is issued after the I-800 form is approved if the adoption has not been completed abroad before the child enters the U.S.

Generally, if an adopted child enters the U.S. on an IR-3 or IH-3 visa, resides in the U.S. under the legal guardianship of a U.S. citizen before their 18th birthday, and meets other conditions of the Child Citizenship Act (CCA), the child will automatically become a U.S. citizen. If eligible, the child will receive a Certificate of Citizenship by mail.

2. Conditions for Sponsoring an Adopted Child to the U.S.

2.1 Requirements for the Adopted Child

According to Article 3, Clause 3 of the 2010 Adoption Law: An adopted child is someone who has been legally adopted after the adoption has been registered by the competent state authorities.

To legally adopt a child to the U.S., the child must meet the following conditions as stipulated in Article 8 of the 2010 Adoption Law:

• The child must be under 16 years old. In some exceptional cases, a child aged 16 to under 18 years old may still qualify for adoption to the U.S. if they are adopted by a step-parent or a biological relative such as an uncle, aunt, or grandparent.
• A child can only be adopted by either a single individual or a married couple.

2.2 Conditions for the Adoptive Parent to Sponsor a Child to the U.S.

To legally adopt a child to the U.S., the adoptive parent must meet the conditions specified in Article 14 of the 2010 Adoption Law. These conditions include:

• The adoptive parent must have full legal capacity.
• The adoptive parent must be at least 20 years older than the child, except in cases where a step-parent is adopting their spouse’s biological child, or a close biological relative (such as an uncle, aunt, or grandparent) is adopting their niece or nephew.
• The adoptive parent must have the necessary health, financial stability, and adequate housing to ensure the proper care, upbringing, and education of the adopted child.
• The adoptive parent must have good moral character.

In addition to these essential conditions, the adoptive parent must also meet the conditions outlined in Clause 2, Article 14, which specifies the following individuals are not eligible to adopt:

• Those who have had some parental rights restricted regarding minor children.
• Individuals currently serving administrative sanctions at an educational or medical facility.
• Those who are serving a prison sentence.
• Individuals who have not had their criminal record expunged for offenses related to intentionally harming the life, health, dignity, or honor of others; mistreating or abusing family members; coercing or harboring minors who violate the law; or trafficking, swapping, or abducting children.

Additionally, according to U.S. immigration law, certain conditions must be met to sponsor an adopted child to the U.S.

• The child must be adopted before the age of 16 and all adoption procedures must be completed at the place of residence.
• The adopted child and the adoptive parent(s) must have lived together for at least 2 years, regardless of whether this period was before or after the adoption.
• The child must have been under the guardianship of the adoptive parents for a full 2-year period.
• At least one of the adoptive parents must be a U.S. citizen or a lawful permanent resident currently residing in the U.S.

After USCIS has approved the sponsorship of the adopted child, the child will receive a Green Card and can live in the U.S. as a permanent resident.

3. Documents Required for Sponsoring an Adopted Child to the U.S.

3.1 For the Adoptive Parent:

You will need to prepare the necessary documents to prove that your adopted child is legal and that your adopted child has full citizenship rights, specifically:

• The adoption application has been approved
• Copy of identity card, passport, or equivalent documents
• Criminal record certificate
• Marriage Certificate 
• Health Certificate

3.2 For the Adopted Child:

For the visa application to sponsor an adopted child to the U.S., the following documents are needed:

• Birth Certificate
• 2 full body photos, looking straight and not taken more than the last 6 months
• Health Certificate
• Certificate of legal adoption circumstances, for example local confirmation record if the adopted child is a homeless child, death certificate of the father or mother, or Court decision declaring the biological father or mother of the child. Adopted child has died and becomes an orphan, a certificate of loss of personal conduct of biological parents for the person who is no longer able to raise the child
• If adopting a child at a foster care facility, a receipt letter from the foster care facility and a donation-adoption certificate are required at the time the child is adopted.

Note that all of these documents must be translated and authenticated at the competent authority, the Ministry of Foreign Affairs of Vietnam in the U.S. Documents must be bilingual in Vietnamese and English.

4. What is the Process of Sponsoring an Adopted Child to go to the U.S.?

There are 3 similar but distinct paths to bringing your adopted child to the United States. The path your adopted child follows will depend on their individual circumstances. Here are 3 common processes to help sponsor an adopted child to the U.S.:

4.1 The Non-Hague Process

If you filed form I-600A or I-600 to adopt a child, your child is from a country that has not implemented the Hague Adoption Convention.

This means that your child will enter the United States on an IR-3 immigrant visa (the adoption was completed in a non-Hague country and you [or your spouse, if married] look see your child before or during the adoption process) or IR Visa Immigrant 4 (if you completed the adoption in the United States).

4.2 The process is relatively immediate

Depending on the type of adoption, there are different processes for sponsoring an adopted child to the U.S.

If your child does not meet the requirements for the Hague or non-Hague adoption processes, you can still file Form I-130, Petition for Alien Relative, on their behalf as the adopted child of a U.S. citizen. The parents must have completed two years of legal and physical custody of the child and fulfilled all adoption procedures to qualify for filing Form I-130. The two years of custody must be accumulated before you file Form I-130.

Additionally, the adoption must be finalized before your child’s 16th birthday (or 18th birthday if they are a sibling of a child you have already adopted or will adopt). If your child qualifies, they will receive an IR-2 immigrant visa.

If you are adopting from a Hague Convention country, certain restrictions may apply that could prevent your child from immigrating to the U.S. under this process. Be sure to thoroughly review the adoption laws of the country from which you are adopting before starting the process.

5. How is Sponsoring an Adopted Child to the U.S.?

To ensure a smooth and timely process for sponsoring your adopted child to the U.S., follow these steps:

5.1 Step 1: Submit the Adoption Visa Application

Parents can seek assistance from a service provider to apply for an immigrant visa for the adopted child. Once the visa is granted, the child can join the parents and their family in the U.S.

5.2 Step 2: Obtain the Child’s Birth Certificate

After completing the adoption process and receiving the adoption certificate, parents will obtain the child’s birth certificate. With this document, parents can proceed with applying for the child’s passport.

5.3 Step 3: Apply for the Child’s Passport

Prepare the following documents to apply for the child’s passport:

• Passport application form
• Adoption decree (notarized copy)
• Child’s birth certificate (notarized copy)
• Two recent photos (4cm x 6cm), facing forward, bare head, no colored glasses, and a white background
• Adoptive parents’ passports (notarized copy)
• Applying for a Vietnamese passport will take about 2 weeks – 1 month to receive a legal passport.

5.4 Step 4: Apply for U.S. Immigrant Visa

Once all the necessary documents have been obtained for the adopted child, the next step is to apply for a U.S. immigrant visa for the child at the U.S. Embassy.

During this stage, adoptive parents must prove the relationship and financial stability of the family. This can be done by providing the last 6 months of pay stubs and documents verifying current employment, such as an employment contract or other relevant paperwork.

This step is crucial as it demonstrates that the adoptive parents are fully capable of supporting the adopted child and ensuring that the adoption will not become a financial burden on the family or society. The Consulate will review the submitted evidence and issue the visa if all conditions are met and the required documentation is complete.

Moreover, for the adoption process to go smoothly, certain conditions must be satisfied between the adoptive parents and the child. All adoption procedures must have the approval of the Vietnamese government and must meet several key requirements:

• When adopting a child, you must have a legitimate reason, and the adoption process must be allowed even before the sponsorship application is processed.
• If you are a foreigner in Vietnam seeking to adopt a child, you must inform the Vietnamese authorities to be directed to the appropriate adoption agencies and to follow the legal procedures for adoption as per the law.
• To complete the adoption process in Vietnam, the application must be submitted to the Department of Adoptions, which will then forward it to the relevant provinces and the U.S. Department of State for review to determine whether the child is eligible for U.S. immigration under the adoption category.
• For children with special needs, the application is processed entirely at the Department of Adoptions level. The introduction of the child is handled by the Departments of Justice in various provinces, followed by approval from the provincial People’s Committee, and must also be reviewed by the U.S. Department of State.
• Families or foreigners applying to adopt a child must respond to the proposed adoption within one month. They can only refuse if the child introduced does not meet the criteria specified in the consent form for adoption. If they decline, they may apply for adoption in subsequent attempts.
• If granted permission by the Vietnamese authorities to adopt and bring the child to the U.S. for residence, the foreign adoptive parents must demonstrate that they have sufficient time to care for the child and adequate financial resources to provide the best possible care and support.
• During the adoption sponsorship process to the U.S., the adoptive parent must work and properly report taxes to the government, including deducting a portion of their salary to declare that they have an adopted child in Vietnam. They must list the adopted child’s name in all relevant documents to prove that they are actively providing for and supporting the child being sponsored.

6. How Long Does It Take to Sponsor an Adopted Child to the U.S.?

Typically, after the application is received, the relevant authorities will assess whether the adoptive parents meet the necessary qualifications and if the application is complete. If there are deficiencies or missing documents, the U.S. Citizenship and Immigration Services (USCIS) will notify the adoptive parents in writing.

The time it takes to process the adoption depends on how well the application is prepared and the type of forms submitted. For Form I-800A, the processing time is generally 15 days from the date USCIS provides the results of the application and completes fingerprinting (biometrics).

For Form I-600A, the processing time is around 18 months from the date the application is submitted. During this time, the authorities will verify the child’s situation and determine if the adoptive parents meet all the conditions, and financial stability to finalize the adoption process.

Singer Thanh Thao had to spend two years completing the process of bringing her adopted son to the United States.

7. Frequently Asked Questions about Adopting a Child to the United States

7.1. How much does it cost to adopt a child in the U.S.?

Currently, the total fee for submitting an adoption petition to bring a child to the U.S. is $805 USD. This fee includes the application submission fee and the fingerprinting fee for each family member aged 18 and older.

7.2. If I am a relative adopting the child, am I required to work with a primary service provider?

Yes, you will need a primary service provider. Prospective adoptive parents pursuing international adoption (whether under the Hague Convention or orphan adoption), including those adopting a relative, must work with an adoption service provider capable of ensuring that all required adoption services are provided.

According to U.S. law, adoption service providers that are not public entities or exempt providers must be accredited or approved to provide adoption services. Prospective adoptive parents are required to identify a primary service provider, an organization that ensures all necessary adoption services are provided.

7.3. What process must a U.S. citizen follow to sponsor a stepchild for immigration to the United States?

A stepfather or stepmother who is a U.S. citizen can file Form I-130, Petition for Alien Relative, for their stepchild (the child of their spouse) to qualify for the adoption sponsorship process. A U.S. citizen step-parent who wishes to bring their stepchild to the United States is not required to follow the Hague Convention or orphan adoption immigration procedures if the U.S. citizen married the child’s parent before the child’s 18th birthday.

However, unlike biological or adopted children, stepchildren do not automatically obtain citizenship under Section 320 of the Immigration and Nationality Act based on their relationship with a step-parent. For more information, refer to the USCIS online document titled “I am a U.S. Citizen… How do I help my relative become a U.S. permanent resident?” or contact ImmiPath for expert advice on the adoption process.

7.4. What are the benefits of sponsoring an adopted child to the United States?

If the adoption sponsorship process is completed according to the law, the adopted child will enjoy all the benefits of a biological child. Additionally, the sponsor can also apply to sponsor the adopted child’s siblings, or even their adoptive parents, under the same family-based sponsorship application.

However, it’s important to note that while the adopted child benefits from immigration rights, they cannot sponsor their biological parents or siblings for immigration purposes.

7.5. I understand that my adopted child needs to undergo a medical examination before the visa interview. Can you provide more details about this process?

All immigrants, including adopted children, must undergo a medical examination at a facility designated by the U.S. Department of State before their visa interview. For adopted children from Vietnam, the designated medical facility is the International Organization for Migration (IOM).

Typically, the results of the medical examination will be available within 3 to 10 days and will be sent directly to the Consular Section of the U.S. Embassy for the visa interview. The examining physician will discuss the child’s health results with the family and any required treatments.

During the medical examination for U.S. immigration, the physician will provide guidance on vaccinations. Adoptive parents may request to defer vaccinations for children aged 10 and under by agreeing to have the child vaccinated within 30 days of entering the U.S., or as soon as medically feasible. Adoptive parents need to submit Form DS-1981 (Request for Waiver of Vaccination Requirements for Immigrant Children) for this purpose.

For more information on this process, please refer to the U.S. Department of State’s website. The Centers for Disease Control and Prevention (CDC) also provides useful information about medical examinations, screening for communicable diseases, and vaccinations.

7.6. Where can I complete the legalization of documents from the U.S. for the adoption process in Vietnam?

According to Vietnamese law, all documents related to the adoption process submitted to Vietnamese authorities must be notarized and authenticated by the Vietnamese Embassy or Consulate abroad and translated into Vietnamese. For document legalization in the U.S., please refer to the U.S. Department of State’s Office of Authentications.

7.7. How can my adopted child acquire U.S. citizenship?

Under the Child Citizenship Act of 2000, foreign-born children adopted by U.S. citizens automatically acquire U.S. citizenship upon entering the United States. The U.S. Citizenship and Immigration Services (USCIS) will send a Certificate of Citizenship, an important document proving the child’s citizenship, by mail within 8-10 weeks after the child’s entry into the U.S. Please refer to the USCIS website for more information.

8. How Can I Expedite the Process of Sponsoring an Adopted Child to the U.S.?

For adoption to the U.S., the most critical step is preparing the paperwork. Missing any necessary documents or providing insufficient evidence can result in your application being returned, and the reunion process will be delayed.

To ensure that all paperwork is handled smoothly, that all required fees are paid, and to have a successful interview with the consular officer, it is advisable to seek the services of a reputable and high-quality immigration consultancy.

If you have any questions about sponsorship to go to the U.S. as an adopted child, please comment right below the article by leaving your phone number, ImmiPath’s team of consultants will support and advise with all their experience and heart, helping you and your adopted child to quickly reunite in the U.S.