IR-4: Orphan to be Adopted in the U.S.

The IR-4 visa is an immigrant visa that allows a U.S. citizen to bring an orphaned child from abroad to the United States for adoption. Unlike the IR-3 visa, which is for children whose adoptions are finalized abroad, the IR-4 visa applies to children whose adoption will take place after their arrival in the U.S. This visa is part of the immediate relative category, meaning there are no annual visa limits, and the child is given priority processing. The process begins when the U.S. citizen parent files a Form I-800, Petition to Classify Orphan as an Immediate Rela-tive, with U.S. Citizenship and Immigration Services (USCIS), demonstrating the child’s eligi-bility for adoption under U.S. immigration laws. Once approved, the case is forwarded to the U.S. embassy or consulate in the child's home country for further processing.

After the petition is approved, the child must go through the next steps of the application pro-cess, which include submitting Form DS-260, the immigrant visa application, and other sup-porting documents, such as the child's orphan status and proof of the relationship to the adopt-ing parent. The child will also undergo a medical examination by an approved physician to meet health requirements for U.S. entry. In addition, the U.S. citizen parent must provide evi-dence that the adoption will be completed once the child arrives in the United States. The final step in the process is a visa interview at the U.S. embassy or consulate, where the consular of-ficer will review the documentation and ensure the eligibility of both the child and the adopting parent.

Once the IR-4 visa is granted, the child can enter the U.S., where the adoption will be finalized in a U.S. court. After the adoption is complete, the child will automatically become a U.S. law-ful permanent resident and receive a Green Card. It is important to note that the IR-4 visa is specifically for children whose adoptions are not finalized abroad. If the adoption is finalized overseas, the child would be eligible for an IR-3 visa. Given the complexity of the adoption process, both in terms of legal requirements and paperwork, seeking legal guidance is crucial to ensure all steps are properly followed for a smooth and successful visa application.

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