Helping Children Get to the U.S. During the Adoption Process

If you are adopting a child from another country and want them to come to the U.S. as soon as possible, the IR-4 visa may be right for your situation. This visa would allow your new family member to enter the U.S. before the adoption is final, giving you more time to get to know each other.

While this visa aims to make international adoption easier for families, the application process can be confusing, so you should hire a lawyer to guide you through it. Elizabeth Rosario Law, PLC. has assisted numerous clients with the legal steps involved in family immigration after international adoption, so call our law firm before applying for the IR-4 visa.

What Is the IR-4 Visa?

The IR-4 visa is an immediate relative visa for children who U.S. citizens are adopting. It allows them to enter the U.S. before the adoption is final so they don’t have to wait in their home country during the process.

If you apply for the IR-4 visa for your child, they will be approved to enter the country and live with you as soon as possible. Before the adoption is final, your child will be considered a permanent resident who can go to school and apply for a work permit. However, once the adoption is final, they’ll become U.S. citizens as long as they’re under 18 when this occurs.

If they’re 18 or older when the adoption process is complete, they can apply for citizenship after five years of living in the U.S. If you have questions about citizenship or other details regarding IR-4 visas, contact our law office for answers.

What Are the Requirements to Get an IR-4 Visa?

If you’re eager for the child you’re adopting to come to the U.S. and start settling in, the IR-4 visa might sound appealing. However, you and your adopted child must meet certain requirements to be approved.

As the adoptive parent, you must be a U.S. citizen who has a valid U.S. address and is prepared to pass an eligibility test given by the USCIS. You also need to show you plan to get guardianship of the child so they can live with you in the U.S. while you finalize the adoption.

The child you’re adopting must also meet certain requirements, starting with being under 21 and unmarried. They must be considered eligible for adoption based on the U.S. Immigration and Nationality Act and be from either a Hague or Non-Hague Convention Country. An immigration attorney can ensure that the child you’re adopting is eligible for an IR-4 visa, so call our law office for help.

What’s the Difference Between an IR-4 and IR-3 Visa?

The IR-3 and IR-4 visas are both meant for foreign-born children adopted by U.S. citizens. However, there are some differences between them. The main one is that the IR-3 visa is issued to the child only after the adoption is final, so they must stay in their home country throughout the process. By contrast, the IR-4 visa lets the child enter the U.S. during the adoption process.

Another difference is that the IR-3 visa requires one or both adoptive parents to meet the child in their home country before they come to the U.S. After all, this visa requires the adoption to be completed outside the U.S., so it makes sense that the parents have traveled and met the child before applying for the IR-3 visa. With the IR-4 visa, the adoption takes place in the U.S., so there is no expectation for the parents to meet the child first.

Finally, children under 18 who get an IR-3 visa become U.S. citizens once they arrive since the adoption is final. With an IR-4 visa, they only become citizens once the adoption is finalized, which could be months after their arrival.

How Can Nationwide Lawyers for IR-4 Visas for Adoption Help You?

International adoption can be complicated, especially when it’s time to apply for immigration documents. If you’re unsure if your child needs the IR-4 or IR-3 visa, or if you’re worried about the requirements your family must meet, you should contact Elizabeth Rosario Law, PLC.

Our legal team is committed to helping families with all types of immigration needs, as we understand the importance of being united with your loved ones in the U.S. Whether you have questions about which visa your adopted child needs or are ready to apply for the IR-4 visa today, call 616-229-3401 for a consultation with compassionate immigration lawyers.