Residency & Citizenship
International Adoptions IR-3 & IR-4 Immigrant Visas
Bringing your adopted child to the United States requires coordinating the laws of two countries with federal immigration procedures. Attorney Jesus Reyes accompanies you at every step from Miami.
International adoptions are among the most emotionally significant and technically complex processes in immigration law. They involve the family law of the child's country of origin, the Hague Convention on Intercountry Adoption (when applicable), and the processes of the Department of State and USCIS. Our Miami firm coordinates every step so you can focus on what matters most: your family.
How Does International Adoption Work?
When an American family adopts a child abroad, the immigration process depends primarily on whether the child's country of origin is a member of the Hague Convention on Intercountry Adoption. For Hague countries (such as Colombia, Mexico, and many others), the process uses Form I-800A (advance processing application) and Form I-800 (petition for the specific child). For non-Hague countries, Form I-600A and Form I-600 are used.
Once the adoption is legally finalized in the country of origin and USCIS approves the petition, the child receives an immigrant visa: the IR-3 visa if both adoptive parents saw the child before the adoption was finalized abroad (or one parent if single), or the IR-4 visa if the adoption will be completed in the U.S. after the child's entry. Children who enter with an IR-3 visa automatically acquire U.S. citizenship upon arrival.
A central requirement in both pathways is the home study — an evaluation process conducted by an authorized agency that verifies the adoptive home is safe and suitable for the child. Our Miami firm advises you on accredited home study agencies in Florida and ensures all documentation meets USCIS standards.
Who Can Adopt Internationally?
American adoptive parents must meet the following general requirements:
- Be a U.S. citizen (lawful permanent residents may also adopt in some cases, but with additional limitations depending on the country).
- Be at least 25 years of age if the petitioner is single.
- Complete and pass a home study conducted by an accredited agency in the state of residence, including a criminal background check.
- The child must qualify as an "orphan" under U.S. immigration law, or as an "eligible Hague child" if from a Convention country.
- The child must be under 16 years of age on the date the petition is filed (or under 18 if a sibling of another child adopted by the same family).
- The adoption process must have been completed in accordance with the laws of the country of origin and cannot have been conducted to circumvent those laws.
The Process with Our Firm
Consultation and Determination of the Right Pathway
Attorney Jesus Reyes evaluates the child's country of origin, determines whether the Hague Convention or the traditional orphan process applies, and explains the realistic steps, costs, and timelines for your specific situation.
Home Study and USCIS Pre-Approval
We guide you in selecting an accredited home study agency in Florida and prepare the advance processing application (I-800A or I-600A) with USCIS, including all required documentation for the adoptive parents.
Child Petition and Consular Processing
Once the child is identified, we file the individual petition (I-800 or I-600) and coordinate consular processing in the country of origin to obtain the IR-3 or IR-4 immigrant visa for the child.
U.S. Entry and Citizenship (if applicable)
We guide the child's entry process into the U.S. For children entering with an IR-3 visa, we confirm automatic citizenship acquisition. For those entering with an IR-4, we initiate Florida re-adoption proceedings and subsequent naturalization.
Frequently Asked Questions about International Adoptions
What is the difference between the IR-3 and IR-4 visa?+
The IR-3 visa is issued when both adoptive parents (or the single parent) personally saw the child before the adoption was finalized abroad. The child automatically acquires U.S. citizenship upon entering the country. The IR-4 visa is issued when the adoption was not completed abroad or one parent did not see the child; in this case, the adoption must be finalized in the U.S., after which the child can naturalize.
How long does the international adoption process take?+
The process can take 2 to 4 years depending on the child's country of origin, the availability of eligible children, USCIS processing times, and the country's judicial system. Hague Convention countries generally have more structured processes but are not necessarily faster.
What if the country of origin is not part of the Hague Convention?+
For non-Hague countries, the traditional orphan process using Forms I-600A and I-600 is used. Requirements are similar, but the Hague supervisory framework does not apply. This can make the process more variable depending on the country. Our firm has experience with adoptions from Latin America, where several countries are not yet Hague members.
What role does Florida play in an international adoption?+
Florida has its own adoption legislation that must be coordinated with the federal immigration process. This includes home studies conducted by Florida-licensed agencies, finalization or re-adoption requirements before a Florida circuit court, and issuance of the state birth certificate once the adoption is completed. We work with accredited adoption agencies in Miami and South Florida to coordinate both sides of the process.
Does the adopted child automatically get U.S. citizenship?+
It depends on the visa type. Children who enter with an IR-3 visa automatically acquire U.S. citizenship upon entry under the Child Citizenship Act of 2000. Those who enter with an IR-4 visa must first complete the adoption process in the U.S. and can then be naturalized.
Your situation has a solution.
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