Change in Definition of “Orphan” in immigration law

On January 17, 2014, President Obama signed into law, the Consolidated Appropriations Act of 2014, which included a change to the definition of “orphan,” found within the definition of “child” at INA §101(b)(1)(F)(i).1

As a result, for non-Hague Convention adoptions, there is no longer a requirement that both parents travel prior to or during the adoption in order for the adopted child to enter the United States on an IR-3 visa which results in automatic U.S. citizenship upon entry under INA §320.

Prior to this change in law, if only one parent traveled to meet the child during the adoption process, the child was issued an IR-4 visa that required the family to readopt the child after entering the U.S. in order for the child to obtain U.S. citizenship.

This resulted in additional costs for the adoptive family and lengthy delays for the child in receiving the full protections of U.S. citizenship.
Forms I-600A and I-600 are used in orphan adoption cases and are now in revision by USCIS. It is expected that the new versions of these forms will incorporate the new definition of “orphan” detailed above.