All About USCISUSCIS stands for United States Citizenship and Immigration Services. This government organization will be an important part of your adoption process, as they will approve you to adopt a child and will also issue your child an immigrant visa! United States Immigration makes sure that everyone immigrating into the United States of American is doing so lawfully.
Important Note If you do not live in the United States, this information does not apply to you or to your adoption process! Your country probably has different regulations for you to follow. Please check with the government authorities in your country of residence for immigration information. USCIS And Your AdoptionBefore you can submit your dossier to the China Center of Adoption Affairs (CCAA), you must have approval from USCIS to adopt a child from China. You will need to file Form I-800A. Your I-800A approval notice (I-797) will be included in your dossier. This is your approval to adopt a child from China in general.To get this approval, you must have a completed and approved homestudy in your state of residence. Immigration cannot evaluate you for approval if they don't know anything about you, your family, or your finances! So you cannot apply for approval to adopt from China until you have finished your homestudy. Once you've submitted your dossier to the CCAA, been matched with a child, and received approval from China to adopt that child (Letter of Acceptance), then you must apply for another approval from USCIS - this time it's approval to adopt your specific child. You will need to file Form I-800 to obtain this approval. Sound confusing? Don't worry! You're not alone. Dealing with government agencies can sometimes be a frustrating experience. But you can do it!
The Hague ConventionThe Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption was enacted in the United States in April 2008. Before the Hague treaty, families adopting from China (and other countries!) filed forms I-600A and I-600 with USCIS. However, in order to safeguard international adoption, further prevent child trafficking, and to make the process just that much harder for adoptive families, the Hague Treaty was enacted.Families completing adoptions from countries that signed the Hague Convention must now file Forms I-800A and I-800 (unless your previous I-600A approval was grandfathered in under the new rules). Since China is a 'Hague' country, families adopting from there must work under the Hague/I-800 process. To distinguish between the two systems, adoptive families often refer to themselves as either 'I-600 families' or 'I-800 families'. There are quite a few more requirements for I-800 adoptive families! Contact United States Citizenship and Immigration ServicesFor inquiries about adoptions from Hague Convention countries, use the following information: Phone: 1-877-424-8374
Select one of the following links for information and help on each USCIS form.
You May Also Be Interested In:Home Study InformationChina Waiting Child Program Adoption Requirements Choosing the Right Adoption Agency For You
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Immigration
USCIS deals with new immigrants to the United States. When you file form I800A, you are asking USCIS for approval to adopt a child from China in general. When you file Form I800, you are asking USCIS for approval to adopt your child specifically.
Visa Types for Hague Adoptions
IH-3 visas are for children who are adopted in a Hague Convention country. Children who are under 18 automatically acquire U.S. citizenship upon entry to the United States on an IH-3 visa. In such cases, USCIS automatically sends Certificates of Citizenship without requiring additional forms or fees. This also applies even if only one adoptive parent travels to China to adopt the child. You can read more about this topic under my Citizenship page.
Important
NEVER falsify your information when filing forms with USCIS and communicating about your child's immigrant visa. Under 8 CFR Part 204.311(d), you and your spouse have a duty to be completely honest and forth right with all information you provide to USCIS. You aren't doing yourself, your family, or the child you intend to adopt ANY favors by failing to be honest with USCIS.
You have a duty to:
- Give true and complete information to your social worker
- Disclose any health problems
- Disclose any arrest, convictions, or criminal history
- Disclose any history of sexual abuse or substance abuse
- Notify USCIS and your social worker if your circumstances change (i.e. you move to another location).
This duty of disclosure is ongoing until your Form I-800 has been completely approved, the adoption is complete, and your child is home as a United States citizen in your home.
USCIS has the right to deny your application to adopt if you fail to disclose criminal history or if you refuse to complete child abuse background checks.
If you have an arrest in your background, a financial problem, or a health problem, talk to your agency and social worker about it so they can find the best way to assist you in working around the difficulty so you can complete your adoption.