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Department of Homeland Security
U.S. Citizenship and Immigration Services
DRAFT
Instructions for Form I-600, Petition to
Classify Orphan as an Immediate Relative
Instructions
Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a separate
sheet of paper. Write your name at the top of each sheet of paper and indicate the part and number of the item to which the
answer refers.
What Is the Purpose of This Form?
On April 1, 2008, the Hague Convention on Protection of
Children and Co-operation in Respect of Intercountry
Adoption (Hague Adoption Convention) entered into force for
the United States. Therefore, it is important to note that Form
I-600A, Application for Advance Processing of Orphan
Petition, and/or Form I-600, Petition to Classify Orphan as an
Immediate Relative, cannot be filed for the adoption of a child
habitually residing in a Hague Adoption Convention country
unless the adoption occurred before April 1, 2008, or meets
the requirements for a grandfathered transition case (example:
Form I-600A or Form I-600 was filed prior to April 1, 2008).
For a list of Hague Adoption Convention countries and for
additional information regarding grandfathered transition
cases, see the U.S. Department of State's Web site at www.
adoption.state.gov and our Web site at www.uscis.gov.
This form is used to classify an alien orphan, habitually
resident in a non-Hague Convention country, who is or will be
adopted by a U.S. citizen as an immediate relative of the U.S.
citizen to allow the child to enter the United States. The
petition is filed by the U.S. citizen who is adopting the child.
Who May File This Form I-600?
1. Eligibility
A. Child
Under immigration law, an orphan is an alien child
who has no parents because of death or disappearance
of, abandonment or desertion by, or separation or loss
from both parents.
An orphan is also a child who has only one parent, who
is not capable of taking care of the child, and who has
irrevocably released the child for emigration and
adoption in writing.
A petition to classify an alien as an orphan may not be
filed on behalf of a child in the United States, unless
that child is in parole status and has not been adopted
in the United States.
The petition must be filed before the child reaches 16
years of age.
Form I-600 may be filed after the child's 16th birthday,
but before the child's 18th birthday only if the orphan
is the birth sibling of another foreign national child
who has immigrated (or will immigrate) based on
adoption by the same adoptive parents.
B. Parent(s)
The petition may be filed by a married U.S. citizen and
spouse. Both the citizen and the spouse must sign the
petition. The spouse does not need to be a U.S. citizen.
However, if the spouse is not a U.S. citizen or a noncitizen U.S. national, and is residing in the United
States, the spouse must hold a lawful status under the
immigration laws; for example, status as a lawful
permanent resident or in another lawful immigration
status.
The petition may also be filed by an unmarried U.S.
citizen. An unmarried U.S. citizen must be at least 25
years of age when the petition is filed. If the unmarried
U.S. citizen was not yet 25 years of age at the time of
the actual adoption, the U.S. citizen must wait until his
or her 25th birthday to file the petition.
C. Adoption abroad - child seen by and adopted by
both parents
If the child was adopted abroad, it must be established
that both the married petitioner and his or her spouse,
or the unmarried petitioner personally saw and
observed the child prior to or during the adoption
proceedings in order for the adoption to be considered
full and final. The adoption decree must show that a
married prospective adoptive parent and spouse
adopted the child jointly.
D. Adoption abroad - child not seen by or adopted by
both parents
If the child was adopted abroad, but the married
petitioner and spouse or the unmarried petitioner did
not see and observe the child in person prior to or
Form I-600 Instructions (Rev. 08/20/10) Y
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during the adoption proceeding, the child will be
considered to be coming to the United States for
adoption. The adoptive parents will then need to either
adopt the child anew in their State of residence or else
take whatever steps may be required by their State of
residence to recognize the foreign adoption.
Also, if the married petitioner and spouse did not
jointly adopt the child abroad, but one spouse did adopt
the child, the child will be considered to be coming to
the United States for adoption, and the spouse who did
not adopt abroad will need to adopt the child in the
United States.
E. Preadoption requirements
If the orphan has not been adopted abroad, the
petitioner and spouse, or the unmarried petitioner, must
establish that:
1. The child will be adopted in the United States by the
petitioner and spouse jointly, or by the unmarried
petitioner; and
2. The preadoption requirements, if any, of the State of
the orphan's proposed residence have been met.
2. Filing Petition for Known Child
An orphan petition for a child who has been identified
must be submitted on a completed Form I-600 with the
certification of the petitioner executed and required fee. If
the petitioner is married, Form I-600 must also be signed
by the petitioner's spouse.
The petition must be accompanied by the following:
A. Proof of U.S. Citizenship of the petitioner
If a U.S. citizen by birth in the United States, submit a
copy of the birth certificate issued by the civil registrar,
vital statistics office, or other civil authority. If a birth
certificate is not available, submit a statement from the
appropriate civil authority certifying that a birth
certificate is not available. In such a situation,
secondary evidence must be submitted, including:
1. Church records bearing the seal of the church
showing the baptism, dedication, or comparable rite
occurred within two months after birth and showing
the date and place of the petitioner's birth, date of
the religious ceremony, and the names of the
parents;
2. School records issued by the authority (preferably
the first school attended) showing the date of
admission to the school, the petitioner's birth date,
or age at the time, place of birth, and the names of
the parents;
3. Census records (State or Federal) showing the
name, place of birth, date of birth, or age of the
petitioner listed;
4. Affidavits
If a required document cannot be obtained, you
must submit either an original written statement
from the governmental agency that should have the
record, verifying that the record does not exist, or a
citation to the U.S. Department of State Foreign
Affairs Manual indicating that records are generally
not available. Only then you may submit written
affidavits sworn to or affirmed by two persons who
were living at the time and who have personal
knowledge of the event. Each affidavit must
contain the affiant's full name, address, date and
place of birth, and signature. The affidavit must
also explain the affiant's relationship to you, full
information concerning event, and complete details
of how the affiant acquired the information.
5. An unexpired U.S. passport, initially issued for 10
years, may also be submitted as proof of U.S.
citizenship.
If the petitioner was born outside the United States,
submit a copy of one of the following:
1. Certificate of Naturalization or Certificate of
Citizenship issued by USCIS.
2. Form FS-240, Report of Birth Abroad of a Citizen
of the United States, issued by a U.S. Embassy;
3. An unexpired U.S. passport initially issued for 10
years; or
4. An original statement from a U.S. consular officer
verifying the applicant's U.S. citizenship with a
valid passport.
NOTE: If the petitioner is married, and the spouse
lives in the United States, the petitioner must
submit proof that the spouse is living in the United
States lawfully. If the spouse is a U.S. citizen or
non-citizen U.S. national, the petitioner may submit
Form I-600 Instructions (Rev. 08/20/10) Y Page 2
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the same type of evidence as the evidence to
establish the petitioner's own U.S. citizenship. If
the spouse is an alien who is residing in the United
States, proof of the spouse's lawful immigration
status, such as Form I-551, Permanent Resident
Card; Form I-94, Arrival-Departure Record; or a
copy of the biographic pages of the spouse's
passport and the nonimmigrant visa pages showing
an admission stamp may be submitted.
B. Proof of marriage of petitioner and spouse
The married petitioner must submit a copy of the
certificate of marriage and proof of termination of
all prior marriages of himself or herself and spouse.
In the case of an unmarried petitioner who was
previously married, submit proof of termination of
all prior marriages.
NOTE: If any change occurs in the petitioner's
marital status while the case is pending,
immediately notify the USCIS office where the
petition was filed.
C. Proof of age of orphan
The petitioner should submit a copy of the orphan's
birth certificate if obtainable; if not obtainable,
submit an explanation together with the best
available evidence of birth.
D. Copies of the death certificate(s) of the child's
parent(s) if applicable
E. A certified copy of adoption decree together with
certified translation, if the orphan has been
lawfully adopted abroad
F. Evidence that the child is an “orphan” as defined
in section 101(b)(1)(F) and 8 CFR 204.3(b)
1. If child of a sole parent, submit evidence that the
birth mother is a sole parent, she is incapable of
providing for the child's care, and she has
irrevocably released the child for emigration and
adoption in writing.
2. If child of a surviving parent, submit evidence
that the other parent is deceased, the surviving
mother or father is incapable of providing proper
care for the child, and the surviving mother or
father has irrevocably released the child for
emigration and adoption in writing.
3. If the child does not qualify as the child of a sole
or surviving parent, submit evidence that the
child is an orphan because the child has no
parent as a result of abandonment, loss,
desertion, disappearance, or separation. The
definitions in 8 CFR 204.3(b) indicate what
must be established for each of these situations
to apply. It is not necessary to establish that
each parent is gone for the same reason. For
example, if one parent has disappeared, and the
other has abandoned the child, the child is an
orphan.
G. Evidence that the preadoption requirements, if
any, of the State of the orphan's proposed
residence have been met, if the child is to be
adopted in the United States
If you cannot submit this evidence upon initial
filing of the petition under the laws of the State of
proposed residence, it may be submitted later. The
petition, however, will not be approved without it.
H. Home study
The home study must contain the home study
preparer's specific approval of the prospective
adoptive parent(s) for adoption and a discussion of
the reasons for such approval, as well as any
restrictions to the adoption. If you live in a State
where an appropriate State authority must review
and approve a home study, such review must be
completed before the home study is submitted to
USCIS. If you reside abroad, then an appropriate
public or private adoption agency licensed in any
State in the United States must review and
favorably recommend the home study before it is
submitted to USCIS.
The home study must be prepared by an entity
(individual or organization) licensed or otherwise
authorized under the law of the State of the
orphan's proposed residence to conduct research
and preparation for a home study, including the
required personal interviews.
If the recommending entity is licensed, the
recommendation must state that it is licensed,
where it is licensed, its license number, if any, and
the period of validity of the license.
The home study must provide an assessment of the
capabilities of the prospective adoptive parent(s) to
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properly parent the orphan and must include a
discussion of the following areas:
1. An explanation regarding any history of abuse
or violence or any complaints, charges,
citations, arrests, convictions, prison terms,
pardons, and rehabilitation decrees for breaking
or violating any law or ordinance by the
petitioner, spouse, or any additional adult
member of the household who is 18 years of
age or older.
You must disclose any criminal history even if
the record of the arrest, conviction, or other
adverse criminal history has been expunged,
sealed, pardoned, or subject to any other
amelioration.
NOTE: You must include all information
concerning any criminal history, even if an
arrest, indictment, other criminal charge, or
conviction has been expunged, sealed,
pardoned, or ameliorated in any other way.
Having committed any crime involving moral
turpitude or a drug-related offense does not
necessarily mean that the prospective adoptive
parent(s) will be found not qualified to adopt a
child. However, failure to disclose such
information may result in the denial of this
petition or any subsequent petition for a child.
2. An assessment of the financial ability of the
petitioner and petitioner's spouse, if applicable.
3. A detailed description of the living
accommodations where the petitioner and
petitioner's spouse currently reside(s).
4. If the petitioner and petitioner's spouse are
residing abroad at the time of the home study, a
description of the living accommodations where
the child will reside in the United States with
the petitioner and petitioner's spouse, if known.
5. An assessment of the physical, mental, and
emotional capabilities of the petitioner and
petitioner's spouse in relation to rearing and
educating the child.
Translations
Any document containing a foreign language submitted to
USCIS must be accompanied by a full English language
translation, which the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.
Copies
Unless specifically required that an original document be filed
with an application or petition, an ordinary legible photocopy
may be submitted. Original documents submitted when not
required will remain a part of the record, even if the
submission was not required.
General Instructions
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.
Where To File?
A petitioner wishing to file form I-600 within the United
States must file Form I-600 at the USCIS Dallas Lockbox
facility. Form I-600 will then be routed to, and adjudicated at,
the National Benefits Center.
Form I-600 must be mailed to one of the USCIS Dallas
Lockbox facility addresses listed below.
The USCIS Dallas Lock box facility address is as follows:
For U.S. Postal Service (USPS) deliveries, use:
USCIS
P.O. Box 660088
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
ATTN: Adoption
2501 S. State Highway 121 Business, Suite 400
Lewisville, TX 75067
E-Notification: If you are filing your Form I-600 at the
USCIS Dallas Lockbox facility, you may elect to receive an
email and/or text message notifying you that your application
has been accepted. You must complete Form G-1145, ENotification of Application/Petition Acceptance, and clip it to
the first page of your application. To download a copy of
Form G-1145, including the instructions, click on the link
www.uscis.gov “Forms.”
Petitioners Wishing to File Form I-600 Abroad
A petitioner wishing to file Form I-600 abroad must do so at
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the USCIS overseas office, U.S. Embassy, or consulate
designated to act on the petition.
NOTE: In order to File Form I-600 abroad, the petitioner
must have an approved and valid Form I-600A and be
physically present in the child's country.
Biometrics Services
As part of USCIS biometrics services requirements, the
following persons must be fingerprinted in connection with
this petition:
1. The petitioner and petitioner's spouse, if applicable; and
2. Each additional adult member of the petitioner's
household, 18 years of age or older.
If necessary, USCIS may also take a photograph and signature
of those named above as part of the biometrics services.
Petitioners Residing in the United States
After filing this petition, USCIS will notify each person in
writing of the time and location where he or she must go to be
fingerprinted, if necessary. Failure to appear to be
fingerprinted or for other biometrics services when notified
may result in denial of the petition.
Petitioners Residing Abroad
A completed Form FD-258, Applicant Fingerprint Card, is
required for each individual requiring biometrics. The
fingerprint card must be prepared by a U.S. Embassy or
consulate, USCIS office, or U.S. military installation abroad.
For additional information on obtaining fingerprints or on
paying the required biometric services fee when filing outside
the United States, consult the nearest U.S. Embassy or
consulate or USCIS overseas office.
What Is the Filing Fee?
A fee of $720 must be submitted for filing Form I-600.
However, a fee is not required for this petition if you filed an
advance processing application (Form I-600A), and it was
approved (or an extension approved) within the previous 18
months, or is still pending, and this is the first Form I-600
filed based on that Form I-600A.
NOTE: To ensure proper filing of your petition, you must
enclose a separate check or money order for each petition
requiring filing and/or biometrics fees. Each check or money
order must also include the biometrics fee for each prospective
adoptive parent and adult household member requiring
fingerprinting.
An additional biometric fee of $85 for fingerprinting every
adult person living in the household where the child will
reside must also be submitted.
For example, if a petition is filed by a married couple residing
in the United States with one additional adult member in their
household, the total fee that must be submitted would be $975
($720 for the petition and $255 for biometrics services for
fingerprinting the three adults).
When more than one petition is submitted by the same
petitioner on behalf of orphans who are siblings, only one fee
for Form I-600 and biometric services is required, unless refingerprinting is ordered. If the orphans are not siblings, a
separate filing fee must be submitted for each additional Form
I-600.
The fee will not be refunded whether the petition is approved
or not. Do not mail cash. All checks or money orders,
whether U.S. or foreign, must be payable in U.S. currency at a
financial institution in the United States. When a check is
drawn on the account of a person other than yourself, write
your name on the face of the check. If the check is not
honored, USCIS will charge you $30.
Pay by check or money order in the exact amount. Make the
check or money order payable to the U.S. Department of
Homeland Security, unless:
1. If you live in Guam, make it payable to Treasurer, Guam.
2. If you live in the U.S. Virgin Islands, make it payable to
Commissioner of Finance of the Virgin Islands.
NOTE: Spell out U.S. Department of Homeland Security; do
not use the initials "USDHS" or "DHS."
How to Check If the Fees Are Correct
Form I-600 and biometrics fees are current as of the edition
date appearing in the lower right corner of this page.
However, because USCIS fees change periodically, you can
verify if the fees are correct by following one of the steps
below:
1. Visit our Web site at www.uscis.gov, select "FORMS," and
check the appropriate fee;
Form I-600 Instructions (Rev. 08/20/10) Y Page 5
DRAFT
2. Review the Fee Schedule included in your form package, if
you called us to request the form; or
For a list of USCIS overseas offices, see our Web site at
www.uscis.gov.
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.
If a prospective petitioner goes abroad to any country where
there is no USCIS office, he or she may file Form I-600 at the
U.S. Embassy or consulate having jurisdiction over the place
where the child resides. NOTE: In order to file Form I-600
abroad, the petitioner must have an approved and valid Form
I-600A and be physically present in the child's country at the
time of filing.
NOTE: If your Form I-600 requires payment of a biometrics
services fee for USCIS to take your fingerprints, photograph,
or signature, you can use the same procedure to obtain the
correct biometrics fee.
Processing Information
Submitting Advance Processing Application for
Orphan Child Not Yet Identified
A prospective petitioner may request advance processing
when the child has not been identified or when the prospective
petitioner or spouse are going abroad to locate or adopt a
child.
If unmarried, the prospective petitioner must be at least 24
years of age at the time of filing Form I-600A, Application for
Advance Processing of Orphan Petition, and must be at least
25 years of age at the time of filing Form I-600 on behalf of a
child.
The request must be on Form I-600A and accompanied by the
evidence requested on that form and the appropriate fee(s), if
any.
A separate Form I-600 must be filed for each child after a
child(ren) is located or identified. If only one Form I-600 is
filed, a new fee is not required, provided the form is filed
while Form I-600A is pending or within 18 months of the
approval of Form I-600A.
Child(ren) Located or Identified
A separate Form I-600, Petition to Classify Orphan as an
Immediate Relative, must be filed for each child.
If a prospective petitioner goes abroad to adopt or locate a
child, he or she may file Form I-600 at the USCIS office
having jurisdiction over the place where the child resides, if
there is a USCIS office located in that country. NOTE: In
order to file Form I-600 abroad, the petitioner must have an
approved and valid Form I-600A and be physically present in
the child's country at the time of filing.
Any Form I-600 that is not signed or accompanied by the
correct fee will be rejected with a notice that Form I-600 is
deficient. You may correct the deficiency and resubmit Form
I-600. Form I-600 is not considered properly filed until
accepted by USCIS.
Initial Processing
Once Form I-600 has been accepted, it will be checked for
completeness, including submission of the required initial
evidence. If you do not completely fill out the form or file it
without required initial evidence, you will not establish a basis
for eligibility, and we may deny your Form I-600.
Requests for More Information or Interview
We may request more information or evidence, or we may
request that you appear at a USCIS office for an interview.
We may also request that you submit the originals of any
copy. We will return these originals when they are no longer
required.
Decision
The decision on Form I-600 involves a determination of
whether you have established eligibility for the requested
benefit. You will be notified of the decision in writing.
Accommodations for Individuals With
Disabilities and Impairments
USCIS is committed to providing reasonable accommodations
for individuals with disabilities and impairments.
Accommodations vary with the disability and/or impairment
and involve modifications to practices or procedures. For
example, if you are:
1. Unable to use your hands, you may be permitted to take a
test orally rather than in writing;
Form I-600 Instructions (Rev. 08/20/10) Y Page 6
DRAFT
2. Hearing-impaired, you may be provided with a signlanguage interpreter for a USCIS-sponsored training
session; or
3. Unable to travel to a designated USCIS location for an
interview, you may be visited at your home or a hospital.
If you believe that you, your spouse, and/or your household
member need us to accommodate a disability and/or
impairment, check "Yes" in Block III, Number 30 of Form
I-600, then check any applicable box that describes the nature
of your disability(ies) and/or impairment(s). Also, write the
type(s) of accommodation(s) you are requesting on the line(s)
provided. If you are requesting a sign-language interpreter, be
sure to indicate which language. If you need more space, use a
separate sheet of paper.
NOTE: All domestic USCIS facilities meet the Accessibility
Guidelines of the Americans with Disabilities Act, so you do
not need to contact us to request an accommodation for
physical access to a domestic USCIS office.
USCIS considers requests for accommodations on a case-bycase basis. Asking for an accommodation will not affect your
eligibility for the benefit.
Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-600, we will
deny your Form I-600 and may deny any other immigration
benefit.
Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies.
Failure to provide this information, and any requested
evidence, may delay a final decision or result in denial of
your Form I-600.
Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 30 minutes per
response, including the time for reviewing instructions and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Products Division, 111 Massachusetts Avenue,
N.W., 3rd Floor, Suite 3008, Washington, DC 20529-2210.
OMB No. 1615-0028. Do not mail your application to this
address.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.
Form I-600 Instructions (Rev. 08/20/10) Y Page 7
File Type | application/pdf |
File Modified | 2010-08-25 |
File Created | 2008-08-20 |