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An orphaned child adopted by a U.S. citizen and who will reside in the US must obtain an IR4 orphan visa before he or she can enter the US.  IR4 orphan visa applications require that the orphan child to be adopted must be under the age of 16 at the time the petition is filed with the USCIS.

An “orphan” as defined by US immigration law is as follows:

 

  1. The child has no parents due to the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents; or

  2. The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption;

  3. The adopting parents must have completed a full and final adoption of the child or must have legal custody of the child for purposes of immigration and adoption in the U.S.; and

  4. The child has been or will be adopted by a married US citizen and spouse jointly, or by an unmarried US citizen at least 25 years of age, with the intent of forming a bona fide parent / child relationship.

 

Please note a child adopted at age 16 or 17 will also qualify, provided he or she is a natural sibling of a child adopted, or who will be adopted, under the age of 16 by the same adopting parents.

IR4 orphan visa applications normally take 8 months or more to process depending on the caseload of USCIS and US Embassy in the country of residence.

IR4 Adoption Visa

© US Visa Group

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