As can be seen, immediate relatives are only spouses, biological or adopted children, and parents. Grandparents, uncles, or aunts do not qualify as immediate relatives and therefore cannot get these visas.
This article will go through the IR-4 visa, what it is, its requirements, application process, and other relevant details.
What is the IR-4 visa?
There are many US citizens who want to adopt children from foreign countries. To be able to do that, the child must have a valid immigrant visa to come and live in the US with the adoptive parents. There are different types of US immigrant visas which allow US citizens to adopt in this way, but the main ones are the IR-4 and the IR-3 visa.
The IR-4 visa allows parents to obtain guardianship of the child in the foreign country and then bring the child to the US to complete the adoption. With the IR-3 visa, the parents from the US must complete the adoption process in the foreign country before the child can get the visa.
The IR-4 visa allows the parents to bring the child to the US, complete adoption and then the child can remain in the US legally. The child can attend school and when able, can also start working without needing an Employment Authorization Document (EAD). Additionally, when eligible, the child can also apply for a US citizenship.
The IR-4 visa is beneficial because it does not have an annual limit or cap on the number of visas issued. That is why, those who apply for it can complete processing much faster and be able to live in the US as a family.
What are the types of adoption that qualify for the IR-4 visa?
There are two types of adoption recognized by the US government and they depend upon the country from where the child was adopted. These are:
Hague country convention adoptions
Non-Hague country adoptions
The Hague Adoption Convention was signed in 1993 and specified rules and regulations about intercountry adoption. Depending on whether the US citizen adopts the child from a Hague Convention Country or from a Non-Hague Convention Country, the application procedures change.
The following countries are part of The Hague Convention Countries; however, US citizens are not allowed to adopt children from the countries in bold due to other political reasons.
Hague Convention Countries
Albania
Cote d’Ivoire
Haiti
Mexico
Seychelles
Andorra
Costa Rica
Hungary
Moldova
Slovakia
Armenia
Croatia
Iceland
Monaco
Slovenia
Australia
Cuba
India
Mongolia
South Africa
Austria
Cyprus
Ireland
Montenegro
Spain
Azerbaijan
Czech Republic
Israel
Namibia
Sri Lanka
Belarus
Denmark
Italy
Netherlands
Swaziland
Belgium
Dominican Republic
Kazakhstan
New Zealand
Sweden
Belize
Ecuador
Kenya
Norway
Switzerland
Bolivia
El Salvador
Kyrgyzstan
Panama
Thailand
Brazil
Estonia
Latvia
Paraguay
Togo
Bulgaria
Fiji
Lesotho
Peru
Turkey
Burkina Faso
Finland
Liechtenstein
Philippines
United Kingdom
Burundi
France
Lithuania
Poland
Uruguay
Cambodia
Georgia
Luxembourg
Portugal
Venezuela
Canada
Germany
North Macedonia
Romania
Vietnam
Cape Verde
Ghana
Madagascar
Rwanda
Zambia
Chile
Greece
Mali
San Marino
China
Guatemala
Malta
Senegal
Colombia
Guinea
Mauritius
Serbia
Adopting from any other countries than those above means that the US citizen is adopting outside the Hague Convention rules and other regulations and application procedures will apply.
What are the requirements of the IR-4 visa?
To be eligible for the IR-4 visa, there are requirements for both the child from the foreign country being adopted and the adoptive parents who are US citizens. These requirements are as follows:
The child must meet the adoption criteria from the US Immigration and Nationality Act (INA)
The child must be under 21 years old and unmarried
The child must be from either a Hague or Non-Hague Convention Country
The US citizens must be willing to obtain guardianship of the child in the foreign country and then adopt in the US
The US citizens must pass an eligibility test by the US Citizenship and Immigration Services (USCIS)
The US citizens must plan to bring the child to the US to live with them
The US citizens must have a valid US address
If the US citizens plan to adopt the child while in the foreign country, then they must apply for the IR-3 visa. Also, if the US citizens have adopted the child and lived in the foreign country with the child for at least 2 years, then they are eligible to apply for an IR-2 visa.
How to apply for the IR-4 visa?
Taking into account that there are two types of intercountry adoptions for the IR-4 visa, the application procedures and steps that applicants need to take are different. Below will be the process for both the Hague and Non-Hague Country Conventions.
Hague Country Convention Application Procedures
To adopt from the Hague Convention Countries, you must choose a US Accredited or Approved Adoption Service Provider in the foreign country in which you want to adopt. This rule allows you to adopt from an agency which is within applicable laws and regulations.
File Form I-800A, Determination on Suitability to Adopt a Child from a Convention Country to USCIS. This form, if approved will make you eligible for adoption. USCIS will check your filled form, perform a background check, fingerprint check, and a home study. Based on this, they will send recommendations on the age range and number of children that you are allowed to adopt. Additionally, they will also specify whether you are allowed to adopt children with special needs.
Apply to be matched with a child in your preferred foreign country which is part of the Hague Convention. The authorities of the country will review your documents and you must check with them for a list of what you need to provide. They will also require your USCIS approval and then recommend children who meet the eligibility criteria. Each child will have a file which contains their background information, medical and special needs, and consent forms from the necessary parties (biological parents, adoption center, etc).
File Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative to USCIS. This form, if approved will mean that the child you want to adopt is eligible to immigrate to the US. Also, you must show that you have not yet gained guardianship of the child. This is to prevent US citizens from gaining guardianship or adopting children who are not eligible to immigrate.
After all the forms have been approved, you can start the visa application for the child you intend to adopt in the US. Submit Form DS-260, Online Immigrant Visa Application to the US Embassy or Consulate of the foreign country from where the child will be adopted. The DS-260 will require the background information of the child and other details. The form is submitted online and afterwards you will get a confirmation letter and number.
If all your documents are in order, the US Embassy or Consulate will issue a letter called Article 5/17 Letter which means that the child you want to adopt is eligible to immigrate to the US. Only at this point when you get this letter, you are then allowed to get a guardianship order for the child. For the IR-4 visa, you cannot adopt the child in the foreign country but must bring them to the US to do so. If you want to adopt the child in their country of residence, you must apply for the IR-3 visa.
When you obtain the guardianship order, submit the supporting documents to the US Embassy or Consulate. This includes the child’s birth certificate, passport, medical documents, etc. Also, schedule an interview at the US Embassy and attend it. During the interview, you will submit your final guardianship order to the officials to have the application completed. At this point, after the processing, the US Embassy will decide whether to give the IR-4 visa to the child or not.
Non-Hague Convention Application Procedures
For the Non-Hague Convention countries, there are other application procedures as follows:
Choose an adoption center in the country where you want to adopt the child. Since the country is not part of the Hague Convention Countries, you will not get recommendations on US approved centers, but must make the decision yourself.
File Form I-600A, Application for Advanced Processing of an Orphan Petition to USCIS. This form as well as the background and fingerprint check, and the home study will determine your eligibility to adopt a child from a foreign country. USCIS will not make any recommendations on the child’s classification however, which is different from the procedures of the Hague Convention.
Obtain a guardianship order from the country where you plan to adopt the child. This means that you must meet the requirements of that particular country regarding supporting documents and the procedures you must follow.
File Form I-600, Petition to Classify Orphan as an Immediate Relative to USCIS in order to determine whether the child you want to adopt is eligible for immigration to the US. The following supporting documents must be submitted:
Child’s birth certificate or written explanation about the identity and age of the child if the birth certificate is not available
Evidence that the child does not have parents or that the biological parents are unable to provide proper care and have consented to giving up their child for adoption
Evidence that you have obtained guardianship of the child and you intend to complete adoption procedures once the child arrives in the US
Next, USCIS or a Consular Officer in the country you are adopting the child from will complete Form I-604. If the form has been approved, the National Visa Center (NVC) will notify you on the next steps you must take.
Submit the IR-4 visa application by filing Form DS-260, Online Immigrant Visa Application as well as schedule your visa interview. At the interview, provide your complete file of documents for the child’s adoption.
What are the IR-4 visa fees?
Depending on which application procedure you will follow, you must pay the fees associated with filing the forms as well as other supporting fees. The amounts are determined by USCIS, but in general, these are the fees that apply:
Form I-800A filing fee
Form I-800 filing fee
Form DS-260 processing fees
Form I-600A filing fee
Form I-600 filing fee
Translation fees
Fees to obtain supporting documents
How long is the IR-4 visa processing time?
USCIS does not provide a specific time which will take to process the application for an IR-4 visa. In general, this depends also from the length of time it takes for you to gain guardianship of the child in the foreign country where you intend to adopt. However, an estimate of the IR-4 visa processing time is 6 months to 1 year, after which you will be allowed to bring the child to the US. When in the US, you must then follow other procedures to complete the adoption as per US laws and regulations.
Do I Get Access to American Healthcare With an IR4 Visa?
Yes, you will have access to healthcare in the United States as an IR4 visa holder, however, the costs of getting medical treatment in the US are one of the highest in the world.
The treatment of a broken leg or broken arm will cost you $2,500, while staying at a US hospital may cost over $10,000, on average.You should pick a health insurance plan that fits you best, which overall is also affordable and covers your needs.
