Filing a Green Card Petition for Your Adopted Child

Adoption is one of those life-changing decisions that feels simple in your heart and endlessly complicated on paper. Every time we meet with a family about it, the same question comes up: “Can I file for my adopted child the same way I would for my biological one?”

In most cases, yes – but not always. The law doesn’t treat every adoption the same way. A few details, like when the adoption happened or how long the child has lived with you, can make or break the petition.

What Counts as an “Adopted Child” for Immigration

U.S. immigration law has its own definition of “child,” and it’s narrower than most people expect. The key rule lives in the Immigration and Nationality Act, Section 101(b)(1)(E).

In plain English, to qualify your adopted child for immigration, the child must:

1. Has been legally adopted before turning sixteen (or before eighteen if you also adopted a biological sibling),
2. Has been in your legal custody for at least two years, and
3. Has lived with you for at least two years.

Those two years don’t have to line up exactly, but both have to be real. USCIS looks for school records, medical records, and daily-life proof – not just a court decree.

We’ve had parents come in, adoption finalized, and everything, but they never shared a roof long enough. USCIS saw that and said, “Sorry, it doesn’t meet the definition.” It’s frustrating, but it’s written right into the statute.

Which Process Applies to You

Not all adoption cases follow the same path. Everything depends on where the adoption took place and what system the country follows.

There are basically three routes:

• Hague Convention adoptions – for countries that signed the treaty. You’ll be working with Forms I-800A and I-800.
• Orphan (non-Hague) adoptions – for countries that didn’t sign. You’ll use Forms I-600A and I-600 instead.
• Domestic adoptions – handled inside the United States, usually filed with Form I-130.

If you pick the wrong path, you’ll likely have to start over. We’ve seen families accidentally file the wrong forms because of outdated online advice, which added almost a year to their timeline.

How to Show the Relationship

For biological children, a birth certificate does the trick. For adopted children, you need to show both the legal relationship and the real one.

That means certified adoption papers, custody orders, and evidence of living together – school enrollments, health insurance, family photos, even mail addressed to the same household. If the adoption happened abroad, include translations and proof of lawful entry to the U.S.

Think of it this way: USCIS doesn’t just want to see the paperwork; it wants to see the parenting.

The Deadline Everyone Forgets

There’s one hard rule you can’t get around: the adoption must be finalized before the child turns sixteen.

Not started. Not pending. Finalized.

If it happens after sixteen, the only exception is if that child’s biological sibling was also adopted by you earlier. Otherwise, you can’t file a green-card petition under the “adopted child” definition.

We’ve seen people miss this window by days. Once the sixteenth birthday passes, that door closes fast.

How to File the Petition

Once you’ve confirmed the adoption meets the definition, here’s the part most families actually care about: filing.

• If you’re a U.S. citizen, you can file Form I-130 right away. Your adopted child counts as an immediate relative, so there is no visa backlog.
• If you’re a green card holder, you can still file an I-130, but it goes into the F2A category, which sometimes has short wait times.

If your child is already here lawfully, you can file Form I-485, the adjustment of status form. If they’re abroad, the case goes through the National Visa Center (NVC) and then to a U.S. embassy for the visa interview.

Where People Get Caught

Every year, we see the same handful of problems:

• Adoption finished after the sixteenth birthday.
• The family didn’t live together for the full two years.
• The wrong set of forms was used.
• Missing translations or unsigned decrees from foreign courts.

These can all slow a case down or lead to a denial. The earlier they’re caught, the easier they are to fix.

Real-World Example

A family we helped adopted a little girl from China. They’d completed the adoption there years earlier but hadn’t lived together full-time. When they finally filed, USCIS asked for proof of residence. We gathered school enrollment, medical visits, and travel records showing consistent care. That evidence made the difference – approval came a few months later.

The point is: paperwork matters, but showing a real relationship matters more.

Bottom Line

Filing a green-card petition for an adopted child isn’t impossible, but it’s not automatic either. You have to hit the legal marks – age, custody, residence – and document everything.

If you’re planning to adopt or have already adopted, it’s best to get immigration advice before you finalize the adoption. The order of steps matters. Done correctly, your child can become a permanent resident just like any other son or daughter.

We’ve seen this process change lives, but it works best when it’s planned from the start. A little strategy early on saves a lot of stress later.

Sources

• Immigration and Nationality Act §101(b)(1)(E)
• USCIS Policy Manual, Vol. 6, Pt. B, Ch. 2
• U.S. Department of State – Intercountry Adoption