8 CFR 204.306 : Aliens And Nationality (§ 1.1 To Parts 1338-1399) — (§ 1.1 To Parts 1338-1399) — Department Of Homeland Security (§ 1.1 To Parts 393-499) — Immigration Regulations (§ 100.1 To § 299.5) — Immigrant Petitions (§ 204.1 To § 204.314) — Intercountry Adoption Of A Convention Adoptee (§ 204.300 To § 204.314) — Classification as an immediate relative based on a Convention adoption.

4 Aug 2016

(a) Unless 8 CFR 204.309 requires the denial of a Form I-800A or Form I-800, a child is eligible for classification as an immediate relative, as defined in section 201(b)(2)(A)(i) of the Act, on the basis of a Convention adoption, if the U.S. citizen who seeks to adopt the child establishes that:

(1) The United States citizen is (or, if married, the United States citizen and the United States citizen's spouse are) eligible and suitable to adopt; and

(2) The child is a Convention adoptee.

(b) A U.S. citizen seeking to have USCIS classify an alien child as the U.S. citizen's child under section 101(b)(1)(G) of the Act must complete a two-step process:

(1) First, the U.S. citizen must file a Form I-800A under 8 CFR 204.310;

(2) Then, once USCIS has approved the Form I-800A and a child has been identified as an alien who may qualify as a Convention adoptee, the U.S. citizen must file a Form I-800 under 8 CFR 204.313.

8 CFR 204.306