1. Introduction: What is the IR4 Visa?
The IR4 Visa is a U.S. immigrant visa designed for children who are being adopted by U.S. citizens but who were not fully adopted abroad. This visa allows the child to enter the United States to complete the adoption process and gain permanent residency. The IR4 Visa is particularly relevant for adoptive parents who were unable to fulfill the adoption requirements in the child’s home country or were unable to see the child in person before adoption.
2. Difference Between IR3 and IR4 Visa
The IR4 and IR3 Visas are both U.S. immigration visas under the Immediate Relative category for children adopted by U.S. citizens, but they differ in purpose:
- IR3 Visa: For children who are fully adopted abroad by U.S. parents who saw the child in person before or during the adoption process. With this visa, the child receives immediate citizenship upon entry to the U.S.
- IR4 Visa: For children who need to be adopted or re-adopted in the U.S. because the parents did not fulfill the requirements to complete the adoption abroad. With the IR4 Visa, the child receives permanent residency initially and can obtain citizenship after adoption is finalized in the U.S.
3. Eligibility Requirements for the IR4 Visa
To qualify for the IR4 Visa, specific eligibility requirements apply to both the adoptive parents and the child:
- Adoptive Parent Requirements:
- Must be a U.S. citizen.
- Must be at least 25 years old if unmarried; if married, both spouses must jointly adopt the child.
- The adoptive parent(s) must demonstrate the intent to finalize the adoption in the U.S.
- Child Requirements:
- Must be under 21 years old and classified as an orphan under U.S. immigration law.
- Must meet the eligibility requirements for an orphan, including evidence that they have no parents or only one parent who cannot provide proper care.
- Must meet U.S. visa medical and other eligibility standards.
4. Adoption Process for the IR4 Visa
The IR4 Visa process is part of an intercountry adoption pathway. The steps include:
- Submit Form I-600A (Application for Advance Processing of Orphan Petition): Prospective adoptive parents submit this form to USCIS to establish eligibility to adopt a child internationally.
- Complete Home Study: A home study conducted by a licensed social worker or adoption agency is required to evaluate the family environment.
- File Form I-600 (Petition to Classify Orphan as an Immediate Relative): After identifying a child for adoption, the adoptive parent files Form I-600.
- Receive a U.S. Embassy or Consulate Visa Appointment: Once the I-600 petition is approved, the adoptive parents apply for an IR4 Visa at the U.S. embassy or consulate in the child’s home country.
- Medical Examination for the Child: The child undergoes a medical examination by a panel physician approved by the U.S. embassy.
- Visa Interview and Approval: The U.S. embassy interviews the adoptive parent(s) and child (if applicable), then issues the IR4 Visa if all conditions are met.
5. Required Documents for the IR4 Visa
Documents required for the IR4 Visa application include:
- Form I-600A and I-600 Approval Notices: To verify eligibility to adopt.
- Home Study Report: Conducted by a licensed agency to assess the home environment.
- Child’s Birth Certificate: To confirm age and identity.
- Proof of Child’s Orphan Status: Documentation showing that the child meets the orphan criteria.
- Medical Exam Results: Medical exam conducted by an embassy-approved physician.
- Adoption Consent Forms: Signed documents from birth parents (if applicable) or legal guardians.
6. Steps for Finalizing Adoption in the U.S. (for IR4 Visa Holders)
Once the child enters the U.S. on an IR4 Visa, the adoption must be finalized in a U.S. court. Here’s how it works:
- File for Adoption or Re-Adoption: Petition a family or adoption court in your state to finalize the adoption.
- Attend Court Hearing: Attend a court hearing to finalize the adoption process, which will grant full parental rights.
- Apply for a Certificate of Citizenship: Once adoption is finalized, you may apply for your child’s Certificate of Citizenship using Form N-600.
7. Does an IR4 Visa Provide U.S. Citizenship?
Yes, children who enter on an IR4 Visa can become U.S. citizens after the adoption is finalized in a U.S. court. Once adoption is complete, the parents can submit Form N-600 (Application for Certificate of Citizenship) to obtain official documentation of the child’s citizenship status.
8. IR4 Visa Processing Time and Fees
- Processing Time: IR4 Visa processing time can vary but typically takes 12 to 18 months from start to finish. Delays may occur depending on the country, home study, and USCIS review process.
- Fees: The application fees include:
- Form I-600A and Form I-600 fees: $775 each (some exemptions may apply).
- Form N-600 fee for Certificate of Citizenship: $1,170 (if applicable).
9. Countries Eligible for IR4 Visa Adoptions
The IR4 Visa is only available to children from countries with adoption agreements with the United States. These countries may be Hague Convention members or non-Hague countries with adoption laws compatible with U.S. immigration regulations. Countries like China, India, Colombia, and South Korea have procedures aligning with U.S. adoption policies.
10. Advantages of the IR4 Visa
- Pathway to U.S. Citizenship: Provides a route to U.S. citizenship after adoption finalization in the U.S.
- Permanent Residency upon Entry: Grants the child permanent residency status immediately upon arrival in the U.S.
- Eligibility for Family Benefits: IR4 Visa holders qualify for family-based benefits such as access to healthcare and education.
11. Challenges in the IR4 Visa Process
Some common challenges include:
- Long Processing Times: The process may take over a year due to the multiple steps involved.
- Extensive Documentation: Requires a home study, proof of orphan status, and various legal documents.
- Finalizing Adoption in the U.S.: An additional step compared to the IR3 Visa, which may add time and legal expenses.
12. Frequently Asked Questions
- Can a child on an IR4 Visa obtain a U.S. passport? Once the adoption is finalized, the child can receive a Certificate of Citizenship and apply for a U.S. passport.
- What if the child’s adoption was completed abroad? If the adoption was completed abroad and both adoptive parents saw the child in person, the IR3 Visa would be more appropriate.
- Can the IR4 Visa be converted to an IR3? No, but completing the U.S. adoption process provides the child with similar rights and citizenship opportunities.
13. Conclusion
The IR4 Visa offers an important pathway for U.S. citizens adopting children from abroad, enabling the child to enter the U.S. and complete the adoption process. This visa provides a route to permanent residency and, ultimately, U.S. citizenship after finalization in the U.S. By following this guide and meeting eligibility requirements, adoptive parents can navigate the IR4 Visa process confidently and provide a permanent home for their child in the United States.