IR-3 Immigrant Visa for Orphans Adopted Abroad by a U.S. Citizen
The IR-3 Immigrant Visa allows children adopted abroad by
U.S. citizens to immigrate to the United States as lawful permanent residents.
This visa is specifically for orphans whose adoptions have been finalized outside the U.S. and who
meet the requirements under the Immigration and Nationality Act (INA).
Key Features of the IR-3 Visa:
- Eligibility: The IR-3 visa is for children adopted abroad by U.S. citizens. The
adoption must be completed in accordance with the laws of both the child’s home country and U.S.
immigration law, and must occur before the child’s 16th birthday.
- Finalized Adoption: To qualify for the IR-3 visa, the adoption must be
legally finalized abroad prior to the child’s immigration.
The adoptive parents must have personally seen and participated in the adoption process in the
child’s country of origin.
- IR-3 vs IR-4 Visa: The IR-3 visa applies when the adoption is finalized
overseas. In contrast, the IR-4 visa is used when the adoption will be finalized in the United
States.
Children entering the U.S. on an IR-3 visa automatically acquire U.S. citizenship upon entry
(before age 18), while IR-4 visa holders must finalize their adoption in the U.S. to acquire
citizenship.
- Petition Process: U.S. citizen adoptive parents must file either Form
I-600 (Petition to Classify Orphan as an Immediate Relative) or Form
I-800 (for Hague Convention countries) with the
U.S. Citizenship and
Immigration Services (USCIS).
- Documentation Requirements: Adoptive parents must submit certified adoption
decrees, proof of parental U.S. citizenship, the child’s birth certificate, medical examination
results, and any required consent from the biological parents or legal guardians.
- Visa Interview and Issuance: Once USCIS approves the petition, the case is
forwarded to the National Visa Center (NVC)
and then to a U.S. embassy or consulate, where the adoptive parents complete the immigrant visa
interview and documentation review.
- Travel to the United States: Upon visa issuance, the child may travel to the
United States. Upon entry, the child automatically becomes a lawful permanent
resident and will receive a Green Card by mail.
- Automatic Citizenship: Under the Child Citizenship Act of
2000, children who enter the U.S. on an IR-3 visa automatically acquire
U.S. citizenship upon admission, provided they are under 18 and in the legal
and physical custody of their U.S. citizen parents.
- Benefits: IR-3 visa holders enjoy full rights as U.S. citizens, including the
ability to live, study, and access benefits such as healthcare, education, and government
services.
- Support for Families: Upon arrival, adoptive families can access support
services and community resources that assist in the child’s adjustment and integration into U.S.
society.
The IR-3 Immigrant Visa helps bring families together by providing adopted children a direct path to
permanent residency and citizenship in the United States.
At Visa2Migrate, we ensure families understand each stage of
the adoption and immigration process to make the transition smooth and successful.
Pro Tip:
Adoptive parents should keep certified copies of the adoption decree, the child’s foreign passport
with IR-3 visa, and proof of entry to the U.S. — these documents serve as evidence of automatic U.S.
citizenship.
Disclaimer: The information provided is for general informational purposes only and
does not constitute legal or immigration advice.
All IR-3 visa procedures, eligibility, and citizenship determinations are governed by the
U.S. Citizenship and
Immigration Services (USCIS)
and the
U.S. Department
of State.
Applicants should consult official government resources for the latest updates and requirements.