Meta Description: Discover the IR3 Visa, designed for adopted children of U.S. citizens, including eligibility requirements, the application process, and pathways to U.S. citizenship for IR3 visa holders.
1. Introduction: What is the IR3 Visa?
The IR3 Visa is an immigrant visa for adopted children of U.S. citizens who are brought to the United States for permanent residency. It is specifically for children who were adopted abroad and fully comply with the adoption requirements, granting them the right to enter the United States as lawful permanent residents. In many cases, children who enter on an IR3 visa automatically acquire U.S. citizenship upon arrival.
2. Who Qualifies for the IR3 Visa?
The IR3 Visa is intended for children who meet the following criteria:
- Adopted by a U.S. Citizen: At least one parent is a U.S. citizen.
- Full Adoption Abroad: The adoption process has been completed in the child’s country of origin, and both adoptive parents (if married) were present for the adoption.
- Under 21 and Unmarried: The child must be under 21 and unmarried at the time of the visa application.
- Meets U.S. Adoption Standards: The adoption must meet all legal requirements of the child’s home country and U.S. adoption laws.
This visa is commonly issued to children adopted through the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption or the Orphan Process under U.S. law.
3. Key Benefits of the IR3 Visa
The IR3 Visa offers several unique benefits for adopted children of U.S. citizens:
- Automatic U.S. Citizenship: In most cases, children under the age of 18 automatically acquire U.S. citizenship upon entry.
- Permanent Residency: Allows the child to live permanently in the U.S. with their adoptive family.
- No Need for Adjustment of Status: Unlike other immigrant visas, the IR3 visa grants immediate permanent residency, eliminating the need to apply for adjustment of status after entry.
4. IR3 Visa vs. IR4 Visa: What’s the Difference?
The IR3 and IR4 visas are both intended for adopted children, but they serve different purposes:
- IR3 Visa: For children fully adopted abroad by U.S. citizens who have completed the adoption process in the child’s home country. The child is generally granted automatic U.S. citizenship upon entry.
- IR4 Visa: For children who are coming to the U.S. for adoption or whose adoption process was not fully completed abroad. Children on an IR4 visa will need to complete adoption in the U.S. before becoming eligible for citizenship.
The IR3 visa is usually preferred for families who have completed the adoption overseas and want to bring their child to the U.S. with automatic citizenship.
5. Eligibility Requirements for the IR3 Visa
To qualify for an IR3 visa, both the adoptive parents and the child must meet specific requirements:
A. Parent Requirements
- At least one adoptive parent must be a U.S. citizen.
- If married, both parents must have visited the child in person during the adoption process.
- The adoption must be finalized according to the child’s country of origin’s legal requirements.
B. Child Requirements
- The child must be under 21 and unmarried.
- Must meet the U.S. legal definition of an “orphan” (if adopted through the Orphan Process) or satisfy Hague Convention requirements.
- The child must have completed the adoption process in their country of origin.
6. Step-by-Step Guide to the IR3 Visa Application Process
Step 1: File Form I-600A or I-800A (If Applicable)
If the child’s home country is a member of the Hague Convention, file Form I-800A (Application for Determination of Suitability to Adopt a Child from a Convention Country) with U.S. Citizenship and Immigration Services (USCIS). If the country is not part of the Hague Convention, file Form I-600A.
Step 2: File Form I-600 or I-800 (Petition to Classify Orphan as an Immediate Relative)
After identifying the child for adoption, the U.S. citizen adoptive parent files Form I-600 or Form I-800 to classify the child as an immediate relative. Approval of this form allows the child to qualify for an IR3 visa.
Step 3: Complete the Adoption Process Abroad
The adoption must be finalized in the child’s country of origin according to local laws. Both adoptive parents (if applicable) must be present during the adoption process.
Step 4: Apply for the IR3 Visa at the U.S. Embassy or Consulate
Once the adoption is completed and USCIS approves the petition, the child can apply for an IR3 visa at the U.S. Embassy or Consulate in the child’s home country. Required documents include:
- Passport for the child
- Birth certificate or equivalent
- Final adoption decree
- Medical examination report for the child
- Two passport-sized photos
Step 5: Attend the Visa Interview
The adoptive parent(s) and child (if required) attend a visa interview at the embassy or consulate. During this interview, the consular officer will review the application and supporting documents.
Step 6: Entry to the U.S. and Acquisition of Citizenship
Upon entry to the U.S. with an IR3 visa, the child is granted permanent residency and, if under 18, usually acquires U.S. citizenship automatically. The family will receive the child’s Certificate of Citizenship by mail.
7. Required Documents for the IR3 Visa Application
Applicants will need several documents to apply for the IR3 visa:
- Completed Petition (Form I-600 or I-800): Depending on whether the adoption follows the Orphan Process or Hague Convention.
- Child’s Passport: Valid for travel to the U.S.
- Final Adoption Decree: Proof that the adoption was finalized abroad.
- Medical Examination Report: Required medical exams conducted by a U.S. Embassy-approved physician.
- Child’s Birth Certificate or Equivalent: Proof of the child’s identity and age.
- Photographs: Passport-sized photos of the child.
Additional documents may be requested by the embassy or consulate to confirm eligibility.
8. Cost of the IR3 Visa Application Process
The fees for the IR3 visa application include:
- Form I-600A/I-800A Filing Fee: Approximately $775 for processing.
- Form I-600/I-800 Filing Fee: Approximately $775 if not already paid with Form I-600A/I-800A.
- Visa Application Fee: Around $325 for the IR3 visa.
Other expenses may include costs for the medical examination, document translations, and travel expenses related to the adoption process.
9. Pathway to U.S. Citizenship for IR3 Visa Holders
Children entering the U.S. with an IR3 visa generally acquire automatic U.S. citizenship upon entry if they are under 18 years old and reside with their adoptive U.S. citizen parent(s). They receive a Certificate of Citizenship as proof of citizenship without needing to go through the naturalization process.
10. Frequently Asked Questions
Does my child automatically acquire U.S. citizenship with an IR3 visa?
Yes, most children under 18 who enter the U.S. on an IR3 visa acquire automatic citizenship upon arrival and will receive a Certificate of Citizenship.
Can an IR3 visa be issued if only one parent visited the child?
No, for an IR3 visa, both adoptive parents (if married) must have visited the child and completed the adoption abroad. Otherwise, an IR4 visa may be issued instead.
How long does the IR3 visa process take?
Processing times vary but generally range from 6 to 12 months. Factors include the child’s country of origin, the complexity of the adoption process, and specific embassy procedures.
Is there an age limit for the IR3 visa?
Yes, the child must be under 21 and unmarried at the time of the visa application to qualify for an IR3 visa.
Can the child’s siblings also apply for an IR3 visa?
Each adopted sibling requires a separate petition and must independently qualify for an IR3 or IR4 visa.
11. Conclusion
The IR3 Visa provides a pathway for adopted children of U.S. citizens to enter the United States as permanent residents and, in most cases, automatically acquire citizenship. By understanding the application process, requirements, and necessary documentation, adoptive parents can ensure a smooth transition for their child. With the IR3 visa, families can reunite and begin a new chapter together in the U.S.