Children adopted from other countries must first obtain a US visa before they can travel or move to the US. Visas are issued at the US Embassy or Consulate in the foreign country where the child resides.
Child’s Eligibility
Immigrants entering the United States through ...
Children being adopted abroad must be found eligible to immigrate under the US Immigration and Nationality Act (INA) in order to reside in the United States. Because adoption laws vary from country to country, it is sometimes possible to adopt a child abroad who does not qualify for immigration under US law; such children cannot immigrate to the United States.
Family Preference Immigrant Visas (Limited)
These types are for specific, more distant, family relationships with a US citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category listed below. The family preference categories are:
- Family First Preference (F1): Unmarried sons and daughters of US citizens, and minor their minor children, if any. (23,400)
- Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (21 and over) of LPRs. (114,200)
- Family Third Preference (F3): Married sons and daughters of US citizens, and their spouses and minor children (23,400)
- Family Fourth Preference (F4): Brothers and sisters of US citizens, their spouses and minor children, provided the US Citizens are at least 21 years of age (65,000).
Numerical Limitations for Limited Family-based Preference Categories
Whenever the number of qualified applicants for category exceeds the available immigrant visas, there will be an immigration wait. In this situation, the available immigrant visas are issued in the chronological order in which the petitions were filed using their priority date (the filing date of the petition).
