Children’s Immigration

Children’s Immigration Visas (IR-3, IR-4, IH-3, IH-4)

Children Immigration Visas are intended for children who parents have adopted, or intend to adopt children who reside abroad and bring them in to the United States. There are two categories of children immigration visas, they are visas for Hague adoptions and those for Non-Hague adoptions. Visas for Hague adoptions include the IH-3 and the IH-4 visa. The IH-3 Visa is issued for children with full and final adoptions from a Hague convention country. IH-4 Visas are issued with children who are coming to the United States from a Hague convention country to be adopted. Visa types for Non-Hague adoptions include the IR-3 and IR-4 Visas. IR-3 Visas are issued when a full adoption is completed abroad. The requirement for this visa is that a parent must physically see the child prior to or during the adoption proceedings. IR-4 visas are issued to children that are coming to the United States to be adopted. These children must be adopted abroad by only one parent and can not be seen by the parents prior to or during the adoption process. If a child is adopted by a citizen, and the child immigrates to the United States while unmarried before the child’s 21st birthday an IR-2 Visa is given. The same IR-2 Visa can be given after the child’s 21st birthday if the child is treated under the Child Status Protection Act.

Automatic citizenship is given to children with IR-3 and IH-3 visas if they:

  • 1) enter the United States prior to their 18th birthday,
  • 2) if the child resides in the United States with their adopted parents. Children who are given IR-4 and IH-4 visas are not given automatic citizenship when they enter the United States, but instead are given permanent residency.
    • This means that children with IR-4 and IH-4 status will receive their green card and will automatically gain official citizenship on the date that they are adopted in the United States.

 

Children who are given IR-2 Visas and are under the age of 18 automatically gain United States citizenship when they enter the United States if they reside in the United States with their parents. If children are given an IR-2 Visa and are over the age of 18 then they become permanent residents and receive their green card.

For more information regarding Children’s Immigration Visas, and the process of obtaining a Children’s Immigration Visa, please contact the Law Office of Jeffery Bennett via phone: 816-759-2776 (English), 816-759-2777 (Spanish); or via email: jyb@jybennettlaw.com.