IR-4 Orphan Visa
The IR-4 visa category is designed for children adopted by U.S. citizens abroad who have not yet been legally adopted and are seeking to immigrate to the United States. Here are key aspects of the IR-4 visa:
- Definition: The IR-4 visa is for children who are adopted or to be adopted in a foreign country by a U.S. citizen and are not yet legally adopted at the time of visa application.
- Orphan Classification: To qualify for the IR-4 visa, the child must meet the definition of an orphan under U.S. immigration law, which typically includes being under the age of 16 and having no parents due to abandonment, death, or other reasons.
- Adoption Process: The adoption process for IR-4 visa applicants typically begins in the child's country of origin, where the prospective adoptive parents initiate the adoption proceedings according to the laws of that country.
- USCIS Approval: After the adoption process is initiated abroad, the prospective adoptive parents must file a Form I-600, Petition to Classify Orphan as an Immediate Relative, with the United States Citizenship and Immigration Services (USCIS).
- Immigrant Visa Application: Once the Form I-600 petition is approved by USCIS and the adoption is finalized in the child's country of origin, the child can apply for an immigrant visa at the nearest U.S. embassy or consulate.
- Interview and Medical Examination: As part of the immigrant visa application process, the child and the prospective adoptive parents are typically required to attend an interview at the U.S. embassy or consulate and undergo a medical examination.
- Entry into the United States: Upon approval of the immigrant visa application, the child can travel to the United States and be admitted as a lawful permanent resident (green card holder).
- Finalization of Adoption in the United States: After entering the United States, the adoptive parents must complete any remaining adoption procedures required by the state where they reside to finalize the child's adoption and obtain a U.S. birth certificate for the child.
- Citizenship: Once the adoption is finalized and the child meets all eligibility requirements, including residency and physical presence requirements, they may be eligible to apply for U.S. citizenship through naturalization.
Navigating the IR-4 visa process can be complex, so it's important for prospective adoptive parents to work closely with adoption agencies, legal professionals, and immigration authorities to ensure compliance with all applicable laws and regulations.