I-600, Petition to Classify Orphan as an Immediate Relative

What is Form I-600 for?

A U.S. citizen adoptive parent or legal custodian may file Form I-600 requesting the USCIS to classify an orphan as an immediate relative. This petition seeks to finalize the immigration process of a child who does not habitually reside in a Hague Convention country.

When can you File Form I-600?

As a U.S. citizen, you (and your spouse, if married) may file Form I-600 for an unmarried child if:

1. Your filing before the child’s 16th birthday (or before the child’s 18th birthday in some cases);
2. The child’s adoption is not governed by the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption;
3. The child qualifies as an orphan under the Immigration and Nationality Act (INA); and
4. You (and your spouse, if married) either:
5. Have a final adoption order for the child outside the U.S. or
6. Have obtained legal custody of the child for emigration and adoption in the U.S. and will adopt the child after the child enters the U.S. with a visa.

When can you NOT File Form I-600?

You may not file Form I-600 if the child:

• Is already in the U.S. unless that child is a parolee who has not been adopted in the U.S.;
• The child does not qualify as an orphan under INA); however, the child may qualify as an immediate relative, and you may be able to file Form I-130, Petition for Alien Relative.
• The Hague Adoption Convention governs the child’s adoption; you generally cannot file Form I-600 for the child. Suppose you seek to adopt a child who is a habitual resident in a Hague Adoption Convention country. In that case, you should generally file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative.

However, you may still file Form I-600 with evidence that you qualify under three exceptions:

1. You (and your spouse, if married) were not yet U.S. citizens when you adopted the child, but the petitioner is a U.S.citizen upon filing Form I-600;
2. The child’s adoption is not governed by the Hague Adoption Convention, even though it occurred after this Convention took effect; or
3. The Hague Adoption Convention does not govern the child’s adoption because it occurred before this Convention entered into force in the child’s country of origin.

Initial Supporting Documents

Submit supporting evidence with your Form I-600 as follows:

1. Proof of Petitioner’s U.S. Citizenship and your spouse’s U.S. citizenship or non-citizen U.S. national status or lawful immigration status in the U.S. as a foreign national
2. Proof of Marriage of Petitioner and Spouse (if applicable)
3. Proof of Orphan’s Age and Identity
4. Copies of Death Certificates of the Child’s Parents (if applicable)
5. Certified Copy of the Adoption or Custody Decree and Certified Translation (if applicable) or obtain a PAIR letter before adopting or obtaining legal custody for emigration and adoption in the U.S.
6. Evidence Child is an Orphan
7. Proof of Compliance with Pre-adoption Requirements (if any)
8. Home Study Report
9. Form I-864 Affidavit of Support or Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support.

Note: If you seek to file Form I-600 for a child who is 15 years of age, see the eligibility requirements as per USCIS Instructions. You may contact us if you need assistance understanding the conditions on this matter.

Source: USCIS

You may refer to your personalized filing instructions from Fil Am Law Firm based on your specific situation. Our simple instructions provide details on supporting documents with samples if you need them. Upon hiring and providing Fil Am Law Firm with your information and supporting documents, our legal team will organize the package and mail it to USCIS with your prepaid government filing fee.