To adopt a child overseas and bring that child back to the United States, the child must be found eligible to be adopted under U.S. law. Because adoption laws vary from country to country, it is possible to adopt a child abroad who does not qualify to immigrate to the United States. That is why a child must also be found eligible to be adopted under U.S. law. It allows the child to move with you to the United States.

The federal agency responsible for determining whether a child is eligible to immigrate to the United States is U.S. Citizenship and Immigration Services (USCIS). USCIS’ rules for the eligibility of an adopted child to immigrate to the United States differ for children living in Hague Adoption Convention countries and those living in non-Convention countries.

Children in Convention countries must meet the definition of a Convention adoptee; children in countries non-Convention countries must meet the U.S. definition of an orphan.

To apply to USCIS for a determination of whether a child is eligible to immigrate to the United States, you will use one of two forms:

• Form I-600, the Petition to Classify Orphan as an Immediate Relative, or

• Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative

Form I-600 is used for non-Hague Adoption cases, while the Form I-800 is used for Hague Adoption cases.