Chapter 2 - Eligibility
A child[1] must qualify as an orphan[2] to be eligible to immigrate using the orphan process. The table below reflects the general eligibility criteria for the orphan process.
| Requirement | For More Information |
|---|---|
| The prospective adoptive parents (PAPs) are suitable and eligible to adopt. | See Part B, Adoptive Parent Suitability Determinations [5 USCIS-PM B]. |
| The child meets age and identity requirements. | See Chapter 3, Identity and Age [5 USCIS-PM C.3]. |
| The child meets specific requirements for eligibility as an orphan. | See Chapter 4, Eligibility Requirements Specific to Orphans [5 USCIS-PM C.4]. |
| The child has a qualifying adoptive or custodial relationship as a child to a U.S. citizen parent. | See Chapter 5, Qualifying Adoptive or Custodial Relationship [5 USCIS-PM C.5]. |
| There must be no child-buying, fraud, misrepresentation, or non-bona fide intent. | See Chapter 6, Additional Requirements, Section A, No Child-Buying, Fraud, Misrepresentation, or Non-Bona Fide Intent [5 USCIS-PM C.6(A)]. |
| The child must match the characteristics that the PAP has been approved to adopt. | See Chapter 6, Additional Requirements, Section B, Child Matches Characteristics that Prospective Adoptive Parent Is Approved For [5 USCIS-PM C.6(B)]. |
| The PAP must have identified a primary adoption service provider (unless a limited exception applies). | See Chapter 6, Additional Requirements, Section C, Primary Provider [5 USCIS-PM C.6(C)]. |
Footnotes
[^ 1] To meet the definition of a child under INA 101(b)(1), the child must be unmarried and under the age of 21.
[^ 2] See INA 101(b)(1)(F).
Current as of January 15, 2025