Petition To Classify Orphan As an Immediate Relative
[I-600, Petition to Classify Orphan as an Immediate Relative]
IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site:
http://www.uscis.gov/forms
Purpose of Form :
To classify an alien orphan who either is, or will be, adopted by a U.S. citizen as an immediate relative of the U.S. citizen to allow the child to enter the U.S. The petition is filed by the U.S. citizen who is adopting the child.
Number of Pages :
6
Edition Date :
10/26/05. Prior versions acceptable.
Where to File :
A petitioner residing in the U.S. should file with the Local Office with jurisdiction over the petitioner’s place of residence. A petitioner residing outside the U.S. should consult the nearest American consulate or embassy.
Filing Fee :
$545.00
Special Instructions :
Note on Filing Fee :
A $70.00 fee for biometrics may be required.
If the fee was paid at the time of filing a Form I-600A, the fee is not required again to file the I-600.
When more than one petition is submitted by the same petitioner for orphans who are siblings, only one set of petition and fingerprinting fees is required. When more than one petition is submitted for orphans who are not siblings, the filing and biometrics fees must be included for each petition.
Department of Homeland Security
U.S. Citizenship and Immigration Services
OMB No. 1615-0028; Expires 08/31/08
I-600, Petition to Classify Orphan as an Immediate Relative
Instructions
1. Eligibility.
A. Child.
Under immigration law, an orphan is an alien child who has no parents because of the death or disappearance of abandonment or desertion by, or separation or loss from both parents.
An orphan is also an alien child who has only one parent who is not capable of taking care of the orphan and who has in writing irrevocably released the alien for emigration and adoption.
A petition to classify an alien as an orphan may not be filed on behalf of a child in the United States, unless that child is in parole status and has not been adopted in the United States.
The petition must be filed before the child’s 16th birthday.
B. Parent(s).
The petition may be filed by a married U.S. citizen and spouse or unmarried U.S. citizen at least 25 years of age. The spouse does not need to be a U.S. citizen, but must be in lawful immigration status.
C. Adoption abroad.
If the orphan was adopted abroad, it must be established that both the married petitioner and spouse or the unmarried petitioner personally saw and observed the child prior to or during the adoption proceedings. The adoption decree must show that a married petitioner and spouse adopted the child jointly or that an unmarried petitioner was at least 25 years of age at the time of the adoption.
D. Proxy adoption abroad.
If both the petitioner and spouse or the unmarried petitioner did not personally see and observe the child prior to or during the adoption proceedings abroad, the petitioner (and spouse, if married) must submit a statement indicating the petitioner’s (and, if married, the spouse’s) willingness and intent to readopt the child in the United States.
If requested by USCIS, the petitioner must submit a statement by an official of the State in which the child will reside that readoption is permissible in that State In addition, evidence of compliance with the preadoption requirements, if any, of that State must be submitted.
E. Preadoption requirements.
If the orphan has not been adopted abroad, the petitioner and spouse or the unmarried petitioner must establish that:
- The child will be adopted in the United States by the petitioner and spouse jointly or by the unmarried petitioner, and that
- The preadoption requirements, if any, of the State of the orphan’s proposed residence have been met.
2. Filing Petition for Known Child.
An orphan petition for a child who has been identified must be submitted on a completed Form I-600 with the certification of the petitioner executed and required fee. If the petitioner is married, the Form I-600 must also be signed by the petitioner’s spouse.
The petition must be accompanied by the following:
A. Proof of U.S. citizenship of the petitioner.
If a U.S. citizen by birth in the United States, submit a copy of the birth certificate, issued by the civil registrar, vital statistics office or other civil authority. If a birth certificate is not available, submit a statement from the appropriate civil authority certifying that a birth certificate is not available. In such a situation, secondary evidence must be submitted, including:
Church records bearing the seal of the church showing the baptism, dedication or comparable rite occurred within two months after birth and showing the date and place of the petitioner’s birth, date of the religious ceremony and the names of the parents;
School records issued by the authority (preferably the first school attended) showing the date of admission to the school, the petitioner’s birth date or age at the time, the place of birth and the names of the parents;
Census records (state or federal) showing the name, place of birth, date of birth or age of the petitioner listed;
Affidavits sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the date and place of birth in the United States of the petitioner. Each affidavit should contain the following information regarding the person making the affidavit: his or her full name, address, date and place of birth and relationship to the petitioner, if any, and full information concerning the event and complete details of how the affiant acquired knowledge of petitioner’s birth; or
An unexpired U.S. passport, initially issued for ten years may also be submitted as proof of U.S. citizenship.
If the petitioner was born outside the United States, submit a copy of one of the following:
- Certificate of Naturalization or Certificate of Citizenship issued by the U.S.
- Citizenship and Immigration Services (USCIS) or former Immigration and Naturalization Service (INS);
- Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by an American embassy;
- An unexpired U.S. passport initially issued for ten years, or
- An original statement from a U.S. consular officer verifying the applicant’s U.S. citizenship with a valid passport.
NOTE: Proof of the lawful immigration status of the petitioner’s spouse, if applicable, must be submitted. If the spouse is not a U.S. citizen, proof of the spouse’s lawful immigration status, such as Form I-551, Permanent Resident Card; Form I-94, Arrival-Departure Record; or a copy of the biographic pages of the spouse’s passport and the nonimmigrant visa pages showing an admission stamp may be submitted.
B. Proof of marriage of petitioner and spouse.
The married petitioner must submit a copy of the certificate of marriage and proof of termination of all prior marriages of himself or herself and spouse. In the case of an unmarried petitioner who was previously married, submit proof of termination of all prior marriages.
NOTE: If any change occurs in the petitioner’s marital status while the case is pending, immediately notify the USCIS office where the petition was filed.
C. Proof of age of orphan.
The petitioner should submit a copy of the orphan’s birth certificate if obtainable; if not obtainable, submit an explanation together with the best available evidence of birth.
D. Copies of the death certificate(s) of the child’s parent(s ) if applicable.
E. A certified copy of adoption decree together with certified
translation, if the orphan has been lawfully adopted abroad.
F. Evidence that the sole or surviving parent is incapable of providing for the orphan’s care and has in writing irrevocably released the orphan for immigration and adoption, if the orphan has only one parent.
G. Evidence that the orphan has been unconditionally abandoned to an orphanage, if the orphan has been placed in an orphanage by his or her parent or parents.
H. Evidence that the preadoption requirements, if any, of the state of the orphan’s proposed residence have been met, if the child is to be adopted in the United States.
If is not possible to submit this evidence upon initial filing of the petition under the laws of the State of proposed residence, it may be submitted later. The petition, however, will not be approved without it.
I. Home Study.
The home study must include a statement or attachment recommending or approving the adoption or proposed adoption and be signed by an official of the responsible State agency in the State of the proposed residence or of an agency authorized by that State. In the case of a child adopted abroad, the statement or attachment must be signed by an official of an appropriate public or private adoption agency that is licensed in the United States.
The home study must be prepared by an entity (individual or organization) licensed or otherwise authorized under the law of the State of the orphan’s proposed residence to conduct research and preparation for a home study, including the required personal interviews.
If the recommending entity is licensed, the recommendation must state that it is licensed, where it is licensed, its license number, if any, and the period of validity of the license.
However, the research, including the interview and the preparation of the home study, may be done by an individual or group in the United States or abroad that is satisfactory to the recommending entity.
A responsible State agency or licensed agency may accept a home study made by an unlicensed or foreign agency and use that home study as a basis for a favorable recommendation.
The home study must provide an assessment of the capabilities of the prospective adoptive parent(s) to properly parent the orphan and must include a discussion of the following areas:
- An explanation regarding any history of abuse or violence or any complaints, charges, citations, arrests, convictions, prison terms, pardons rehabilitation decrees for breaking or violating any law or ordinance by the petitioner(s) or any additional adult member of the household over age 18. NOTE: Having committed any crime of moral turpitude or a drug-related offense does not necessarily mean that a petitioner or petitioner’s spouse will be found ineligible to adopt an orphan. However, failure to disclose such information may result in denial of this application and/or any subsequent petition for an orphan.
- An assessment of the financial ability of the petitioner and petitioner’s spouse, if applicable.
- A detailed description of the living accommodations where the petitioner and petitioner’s spouse currently reside(s).
- If the petitioner and petitioner’s spouse are residing abroad at the time of the home study, a description of the living accommodations where the child will reside in the United States with the petitioner and petitioner’s spouse, if known.
- An assessment of the physical, mental and emotional capabilities of the petitioner and petitioner’s spouse in relation to rearing and educating the child.
2. Biometric services.
As part of the USCIS biometric services requirements, the following persons must be fingerprinted in connection with this petition:
- The petitioner and petitioner’s spouse, if applicable, and
- Each additional adult member the petitioner’s household, 18 years of age or older. NOTE: Submit a copy of the birth certificate of each household member over 18.
If necessary, USCIS may also take a photograph and signature of those named above as part of the biometric services.
Petitioners residing in the United States. After filing this petition, USCIS will notify each person in writing of the time and location where they must go to be fingerprinted. Failure to appear to be fingerprinted or for other biometric services may result in denial of the petition.
Petitioners residing abroad. Completed fingerprint cards (Forms FD-258) must be submitted with the petition. Do not, bend, fold or crease completed fingerprint cards. Fingerprint cards must be prepared by a U.S. embassy or consulate, USCIS office or military installation.
3. Filing Petition for Known Child Without Full
Documentation on Child or Home Study.
When a child has been identified but the documentary evidence relating to the child or the home study is not yet available, an orphan petition may be filed without that evidence or home study.
The evidence outlined in Instructions 2A and 2B (proof of petitioner’s U.S. citizenship and documentation of marriage of petitioner and spouse), however, must be submitted.
If the necessary evidence relating to the child or the home study is not submitted within one year from the date of submission of the petition, the petition will be considered abandoned and the fee will not be refunded. Any further proceeding will require the filing of a new petition.
4. Submitting Advance Processing Application for Orphan Child Not Yet Identified.
A prospective petitioner may request advance processing when the child has not been identified or when the prospective petitioner and/or spouse is or are going abroad to locate or adopt a child.
If unmarried, the prospective petitioner must be at least 24 years of age, provided that he or she will be at least 25 at the time of the adoption and the completed petition on behalf of a child is filed.
The request must be on Form I-600A, Application for Advance Processing of Orphan Petition, and accompanied by the evidence requested on that form.
After a child or children are located and/or identified, a separate Form I-600 must be filed for each child. If only one Form I-600 is filed, a new fee is not required, provided the form is filed while the advance processing application (Form I-600A) application is pending or within 18 months of the approval of the advance processing application.
5. When Child/Children Are Located and/or Identified.
A separate Form I-600, Petition to Classify Orphan as an Immediate Relative, must be filed for each child.
Generally, Form I-600 should be submitted at the USCIS office where the advance processing application was filed.
If a prospective petitioner goes abroad to adopt or locate a child in one of the countries noted below, he or she should file Form I-600 at the USCIS office having jurisdiction over the place where the child is residing or will be located, unless the case is retained at the stateside office.
USCIS has offices in the following countries: Austria, China, Cuba, the Dominican Republic, El Salvador, Germany, Ghana, Great Britain, Greece, Guatemala, Haiti Honduras, India, Italy, Jamaica, Kenya, Korea, Mexico, Pakistan, Panama, Peru, the Philippines, Russia, South Africa, Thailand and Vietnam.
If a prospective petitioner goes abroad to any country not listed above to adopt or locate a child he or she should file Form I-600 at the American embassy or consulate having jurisdiction over the place where the child is residing or will be located, unless the case is retained at the Stateside office.
6. General Filing Instructions.
A. Type or print legibly in black ink.
B. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.
C. Translations.
Any foreign language document must be accompanied by a full English translation, that the translator has certified as complete and correct, and by the translator’s certification that he or she is competent to translate the foreign language.
D. Copies.
If these instructions tell you to submit a copy of a particular document, you do not have to send the original document. However, if there are stamps, remarks, notations, etc., on the back of the original documents, also submit copies of the back of the document(s). You do not have to submit the original document unless USCIS requests it.
There are times when USCIS must request an original copy of a document. In that case, the original is generally returned after it has been reviewed.
7. Filing the Petition.
A petitioner residing in the United States should send the completed petition to the USCIS office having jurisdiction over his or her place of residence. A petitioner residing outside the United States should consult the nearest American embassy or consulate designated to act on the petition.
8. What Is the Fee?
A fee of $545.00 must be submitted for filing this petition. However, a fee is not required for this petition if you filed an advance processing application (Form I-600A) within the previous 18 months and it was approved or is still pending.
In addition to the fee for the application, there is a $70.00 biometric services fee for fingerprinting every adult person living in the household in the United States where the child will reside.
For example, if a petition is filed by a married people residing in the United States with one additional adult member in their household, the total fee that must be submitted would be $755.00 ($545.00 for the petition and $210.00 for biometric services for fingerprinting the three adults).
NOTE: If the prospective adoptive parents and any other adult members of the household reside abroad at the time of filing, they are exempt from paying the USCIS biometric services fee. However, they may have to pay the fingerprinting fee charged by the U.S. consular office or military installation.
When more than one petition is submitted by the same petitioner on behalf of orphans who are siblings, only one Form I-600 petition and fee for biometric services is required, unless re-fingerprinting is ordered. If the orphans are not siblings, a separate filing fee must be submitted for each additional Form I-600 petition.
The fee will not be refunded, whether the petition is approved or not. Do not mail cash. All checks or money orders, whether U.S. or foreign, must be payable in U.S. currency at a financial institution in the United States. When a check is drawn on the account of a person other than yourself, write your name on the face of the check. If the check is not honored, USCIS will charge you $30.00.
Pay by check or money order in the exact amount. Make the check or money order payable to the Department of Homeland Security, unless:
A. You live in Guam, make the check or money order payable to the “Treasurer, Guam” or ;
B. You live in the U.S. Virgin Islands, make your check or money order payable to the “Commissioner of Finance of the Virgin Islands.”
How to Check If the Fee Is Correct.
The fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fee is correct by following one of the steps below: – Visit our website at www.uscis.gov and scroll down to “Forms and E-Filing” to check the appropriate fee, or – Review the Fee Schedule included in your form package, if you called us to request the form, or – Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.
NOTE: If your petition or application requires a biometric services fee for USCIS to take your fingerprints, photograph or signature, you can use the same procedure above to confirm the biometrics fee.
9. Penalties.
Willful false statements on this form or supporting documents may be punished by fine or imprisonment. U.S. Code, Title 18, Sec. 1001 (formerly Sec. 80.)
10. Authority to Collect Information.
8 USC 1154(a). Routine uses for disclosure under the Privacy Act of 1974 have been published in the Federal Register and are available upon request. USCIS will use the information to determine immigrant eligibility. Submission of the information is voluntary, but failure to provide any or all of the information may result in denial of the petition.
11. USCIS Forms and Information.
To order USCIS forms, call our toll-free number at 1-800-870-3676. You can also get USCIS forms and information on laws, regulations and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our internet website at, www.uscis.gov.
12. Use InfoPass for Appointments.
As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.
13. Reporting Burden.
A person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the: U.S. Citizenship and Immigration Services, Regulatory Management Division, 111 Massachusetts Avenue, North West, Washington, DC 20529; OMB No. 1615-0028. Do not mail your completed petition.