The IR-3 visa is an immigrant visa that allows a U.S. citizen to bring an orphaned child they have adopted abroad to the United States as a lawful permanent resident. This visa is part of the immediate relative category, meaning there are no annual visa limits, and the child is given priority processing. To begin the process, the U.S. citizen parent must file a Form I-800, Peti-tion to Classify Orphan as an Immediate Relative, with U.S. Citizenship and Immigration Ser-vices (USCIS). This petition demonstrates the eligibility of the child for adoption under U.S. immigration laws. After USCIS approves the petition, the case is forwarded to the U.S. embas-sy or consulate in the country where the adoption took place for further processing.
Once the petition is approved and forwarded to the consulate, the next steps involve submitting the required documents, including the completed Form DS-260, the immigrant visa application, the child's adoption papers, and proof of the orphan's status. The adopted child must also un-dergo a medical examination by an approved physician to meet the health requirements for en-try to the U.S. In some cases, the parent may need to submit additional evidence to show that the adoption meets the legal requirements under U.S. law. After these documents are submitted, the child will be scheduled for an interview at the U.S. embassy or consulate.
If the interview is successful, the IR-3 visa is issued, allowing the child to travel to the U.S. as a permanent resident. Upon arrival in the United States, the child will automatically receive their Green Card. It is important to note that the IR-3 visa is available to children who were adopted by U.S. citizens abroad and who meet the specific requirements for adoption, including the re-quirement that the adoption be finalized before the child enters the U.S. If the adoption is not finalized, the child may qualify for a different visa, such as the IH-3 visa. Given the complexity of the process and the legal requirements for adopting abroad, legal assistance can help ensure that all steps are correctly followed for a successful visa application.
