What Is Form I-600
Form I-600, officially the "Petition to Classify Orphan as an Immediate Relative," is the USCIS form you file to establish that a foreign child meets the legal definition of an orphan under U.S. immigration law and qualifies for immediate relative status. This classification allows the child to immigrate to the United States and become eligible for adjustment of status to lawful permanent resident (green card holder) without being subject to annual visa caps.
Filing Requirements and Timing
You can file Form I-600 before or after the child is identified, depending on your situation. If you file before identification, you submit Form I-600A (the advance processing version), which USCIS approves before you locate a specific child. Once you identify a child, you submit the completed I-600 along with supporting documents including the adoption decree or preliminary adoption order, birth certificate, proof of orphan status, and evidence that you meet income requirements (Form I-864, Affidavit of Support).
USCIS processing times for I-600 petitions typically range from 4 to 6 months, though this varies by service center. The child must be under 16 years old at the time you file the petition, though children adopted before age 16 can be petitioned for even if they are older when the petition is approved.
Defining Orphan Status
U.S. immigration law defines an orphan narrowly. The child must have lost both parents through death, abandonment, or desertion, or the sole remaining parent must be incapable of providing proper care and has irrevocably released the child in writing. A child whose parents have simply relinquished parental rights for financial reasons may not automatically qualify. USCIS and consular officers carefully evaluate documentation to confirm the child truly meets this definition.
After I-600 Approval
Once USCIS approves your I-600 petition, the case typically moves to consular processing through the National Visa Center (NVC). The child undergoes medical examination, security background checks, and visa interview at the U.S. embassy or consulate in the child's country of residence. Upon visa approval, the child enters the United States and can immediately apply for adjustment of status to permanent resident, or the visa serves as the entry document for the child to become a lawful permanent resident upon arrival.
Common Questions
- Do I need an immigration attorney to file I-600? No, but an attorney experienced in intercountry adoption law can identify documentation gaps, navigate foreign law requirements, and help establish orphan status when circumstances are complex. Self-filing is possible if your case involves a straightforward adoption with clear documentation.
- What if the child is already in the U.S. on another visa? You can still file I-600 and proceed with adjustment of status. The child does not need to return to their home country for consular processing if their orphan petition is approved while they are present in the U.S.
- Does immediate relative status mean the child gets a green card automatically? Immediate relative classification means the child is visa cap-exempt and can adjust status without annual limits. However, adjustment still requires USCIS approval after I-600 approval, medical clearance, and background checks.