How to Apply for a US Visa for an Adopted Child from India

This article was last updated and fact checked on October 15, 2024 by Mani Karthik.

So, you’re adopting a child from India and are now gearing up for the US visa process? Congratulations! This journey is both exciting and emotional, but the logistics of securing a visa can feel overwhelming.

The good news is, once you’ve got your adoption paperwork in order, the process to bring your child to the US on a visa is manageable with a clear understanding of the steps involved.

Whether you’re in the middle of adopting or you’re just starting the process, here’s everything you need to know about applying for a US visa for an adopted child from India.

1. Understand the Two Main Visa Options: IR-3 and IR-4

Before you dive into the visa process, it’s essential to know the two primary types of visas that adopted children can apply for.

• IR-3 Visa: This visa is for children whose adoption has been fully completed in India before they enter the United States. This means both you (the adoptive parents) must have physically seen the child before or during the adoption process.
• IR-4 Visa: This visa is for children whose adoption will be finalized after they arrive in the US. It’s typically used if the adoptive parents didn’t meet the child before the adoption or if the adoption was completed in the US, not India.

Pro Tip: Make sure you’re clear on which visa category applies to your situation before moving forward.

2. Complete the Hague Adoption Process

Since India is a party to the Hague Adoption Convention, you’ll need to follow specific procedures designed to ensure the ethical treatment of adopted children. Here’s a brief look at the key steps in the Hague Adoption Process:

• Choose a Hague-accredited adoption service provider: The adoption agency you select must be accredited or approved by Hague Convention standards.
• Apply to USCIS: You’ll file Form I-800A (Application for Determination of Suitability to Adopt a Child from a Convention Country) with the US Citizenship and Immigration Services (USCIS). This step includes background checks, a home study, and approval that you’re eligible to adopt.
• Adoption Match: Once your application is approved, you’ll work with your agency and Indian authorities to get matched with a child. After you accept the match, you’ll file Form I-800 (Petition to Classify Convention Adoptee as an Immediate Relative) to confirm the child qualifies for immigration.

Pro Tip: Make sure all your documentation is in order, as this is a highly scrutinized process.

3. Obtain the Child’s Indian Passport and Birth Certificate

Once the adoption is either finalized or approved in India, the next step is to obtain the child’s Indian passport. You’ll also need to get a copy of the child’s birth certificate, which is crucial for the visa process.

For an IR-4 visa, you’ll often need the legal guardianship order from India, which will allow you to finalize the adoption in the US.

Pro Tip: Be prepared for some paperwork delays—passport and birth certificate processing times can vary.

4. File Form DS-260: Immigrant Visa Application

After your Form I-800 is approved by USCIS, the next step is to complete Form DS-260, which is the Immigrant Visa and Alien Registration Application.

This is filed through the Consular Electronic Application Center (CEAC) and requires details about the child’s identity, adoption, and immigration status.

Once this form is submitted, you’ll receive confirmation and need to schedule an interview at the US Embassy in India.

Pro Tip: Double-check all the information on the DS-260 to avoid any delays or rejections.

5. Prepare for the Visa Interview

After submitting Form DS-260, you’ll attend an interview at the US Embassy or Consulate in India. You’ll need to bring several key documents to the interview, including:

• The child’s Indian passport.
• A copy of the adoption decree or legal guardianship order.
• The child’s medical examination results (required for visa issuance).
• Proof of your eligibility to adopt, including home study documents and financial statements.

During the interview, the consular officer will review the adoption documents and verify the child’s eligibility for immigration.

Pro Tip: Make sure to have all documents well-organized and ready to present. Any missing papers can result in delays.

6. Receive Your Child’s Visa

If the interview and documentation are successful, your child will be issued either an IR-3 or IR-4 visa. This visa allows them to travel to the US and become a lawful permanent resident.

For children entering on an IR-3 visa, they will automatically become US citizens upon arrival. For IR-4 visa holders, the child becomes a permanent resident, but you’ll need to complete the adoption process in the US for them to receive citizenship.

Pro Tip: Keep track of the visa expiration date. If there are any travel delays, make sure your child enters the US before the visa expires.

7. Apply for a Certificate of Citizenship

If your child entered the US with an IR-3 visa, you can apply for a Certificate of Citizenship through Form N-600. For IR-4 visa holders, you’ll need to finalize the adoption in a US court first, then apply for the certificate.

This document is proof of your child’s US citizenship and will be essential for school enrollment, travel, and other official purposes.

Pro Tip: Apply for the Certificate of Citizenship as soon as possible to avoid any future issues.

Final Thoughts

Adopting a child from India and navigating the US visa process can feel like a mountain of paperwork, but with the right preparation, it’s entirely manageable.

Make sure to stay on top of deadlines, keep your documents organized, and consult with professionals (like your adoption agency or an immigration lawyer) if you hit any roadblocks.

Bringing your adopted child home to the US is an incredible moment, and having all your visa steps squared away means you can focus on the joy of welcoming your new family member.

Good luck, and congrats on this life-changing journey!