Adoption Information: Ukraine

We are accepting Form I-600A, Application for Advance Processing of an Orphan Petition, and Form I-600, Petition to Classify Orphan as an Immediate Relative, for Ukraine. An applicant or petitioner may request expedited processing of a pending or newly filed Form I-600A or Form I-600 if they meet our expedite criteria. For information about USCIS expedite criteria, visit our How to Make an Expedite Request webpage. However, please see note above regarding the MSP’s statement, which may impact your ability to begin or continue the adoption process in Ukraine.

Applicants or petitioners may request a change of country at any time to continue the adoption process in another country. For additional information, see the Change of Country webpage. For information about immigration flexibilities available to those affected by the situation in Ukraine, see the USCIS webpage Immigration Help Available to Those Affected by Special Situations, Including the Invasion of Ukraine.

Ukrainian citizens and their immediate family members who are outside the United States may come to the United States and stay temporarily in a 2-year period of parole through Uniting for Ukraine. To be eligible for this process, children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian. Uniting for Ukraine may not be used by prospective adoptive parents to circumvent any adoption processes.

Children who are not traveling with a parent or legal guardian but are coming to the United States to meet a parent or legal guardian may instead seek parole through the standard Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records parole process. In the Form I-131 parole process, children who wish to travel without a parent or legal guardian will need written permission from all adults with legal custody of the child (that is, parents or legal guardians) to travel to the United States.

Evidence to accompany the Form I-131 must include the duration of the stay in the United States and evidence of relationship between the child and the parent or legal guardian in the United States. If the legal guardian is providing the written permission, the requestor must include proof of legal guardianship issued by a government authority. In addition, the application should include a statement about the relationship of the child to the person filing the Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records and if they intend to provide care and custody of the child in the United States, or reunite the child with a parent or legal guardian in the United States. For more information, please see our Humanitarian or Significant Public Benefit Parole page, which has information about the requirements for requesting parole for children.

Some U.S. PAPs ask about requesting parole so children may enter the country. USCIS rarely approves parole requests for adoption-related cases requesting parole so a child may enter the country because parole does not provide the same procedural safeguards for prospective adoptive children, PAPs, and birth parents as regular adoption-based immigration avenues provide, such as determinations that a child is an orphan or available for intercountry adoption.

Additionally, parole does not provide children with the protection of U.S. immigration status that adoption-based immigration provides. For example, many children who come to the United States based on adoption will be admitted as U.S. citizens or as lawful permanent residents (Green Card holders). A child who is paroled has not been admitted into the United States for purposes of immigration law, and they will have to take additional steps to get a Green Card or become a U.S. citizen.

For adoption-related requests for humanitarian parole, USCIS generally requires the following evidence:

• Approval of the child’s departure from the appropriate authorities in the child’s country of origin;
• A sufficient legal custody or guardianship order or a final adoption order issued to the petitioner by the appropriate government or judicial authority; and
• Information about the child’s background and circumstances, including the status of the birth and any other legal parents.

The list of evidence above is not exhaustive, though it generally describes the type of evidence petitioners should provide to support these types of parole requests. Petitioners also may need to provide evidence that they understand any immigration consequences of parole. Petitioners should carefully consider the specific reasons they are requesting parole and submit any additional evidence they believe would support their case. USCIS reviews each parole request on a case-by-case basis, and we take into account all of the circumstances and supporting evidence in each case. However, parole is discretionary. Submitting all the evidence described above does not guarantee parole, and failing to submit this evidence does not necessarily mean we will deny your request for parole.

Even if a child is eligible for parole through the Form I-131 Application for Travel Documents, Parole Documents, and Arrival/Departure Records process, we cannot finish processing the parole request if they are in a country that does not have a U.S. embassy or consulate that offers visa services, which includes Ukraine at this time. If we determine that a child in Ukraine may be eligible for parole, the petitioner must arrange for the child to travel to a country where there is a U.S. embassy or consulate before we can finish processing the parole request, in consultation with the proper authorities as appropriate.

For more information on parole, visit our webpage, Humanitarian or Significant Public Benefit Parole for Individuals Outside the United States.