US Visa Thailand - IR3 Visa Thailand

A child adopted by a U.S. citizen and who will reside in the US must obtain an IR3 adoption visa before he or she can enter the US.

IR3 adoption visas require that the child must be under the age of 16 at the time the petition is filed with the USCIS.

Issuance of IR3 adoption visas are governed by the Immigration and Nationality Act (INA), which currently provides for two categories of adopted children to immigrate to the United States.

The first category allows a child adopted by an American citizen before they reached the age of 16 who has already resided with the adoptive parent in their legal custody for 2 years to immigrate to the United States.  This is an IR3 adoption visa.

The second category allows an “orphan” as defined by US law and regulations to immigrate.  This is an IR4 orphan visa.

Since most parents adopting overseas do not meet the custody and residence requirements to apply for an IR3 adoption visa, then the focus is whether the child is an orphan.

The legal requirements to meet the definition of “orphan” are as follows:

1. The child has no parents due to the death or disappearance of, abandonment or desertion by, or separation from or loss of both parents; or
2. The sole or surviving parent is incapable of providing proper care and has, in writing, irrevocably released the child for emigration and adoption;
3. The adopting parents must have completed a full and final adoption of the child or must have legal custody of the child for purposes of immigration and adoption in the U.S.; and
4. The child has been or will be adopted by a married US citizen and spouse jointly, or by an unmarried US citizen at least 25 years of age, with the intent of forming a bona fide parent / child relationship.