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Submission of Form I-800 with this statement will satisfy

for a child who meets the following requirements:

the statutory requirement that the petition must be

1. The child is from a country that is a Party to the Hague

submitted before the child's 16th birthday. Note that no

Convention on Protection of Children and Cooperation

provisional or final approval of Form I-800 will be granted

with Respect to Intercountry Adoption; and

until the required evidence has been submitted.

2. The child turned 18 on or after April 1, 2008; and

When submitted, the required evidence must show that the

Central Authority did, in fact, make the adoption

3. The petitioner has adopted or will adopt the child; and

placement decision before the child's 16th birthday.

4. The child is the birth sibling of another foreign national

2. If your approved Form I-800A was filed after the child's

child who has immigrated or will immigrate to the U.S.

15th birthday but before the child's 16th birthday, the filing

based on adoption by the same adoptive parents; and

date of Form I-800A will be deemed to be the filing date of

5. Form I-800 is properly filed by the petitioner on or before

Form I-800, provided Form I-800 is filed not more than

November 30, 2012.

180 days after the initial approval of Form I-800A.

You must have an approved, valid Form I-800A, Application

Instructions for a Hague Convention Birth Siblings

for Determination of Suitability to Adopt a Child from a

between Age 16 and 18

Convention Country, prior to filing Form I-800. If the

approval of the Form I-800A (including any extensions) has

The International Adoption Simplification Act of 2010, Public

expired or you never filed a Form I-800A, you will need to file

Law 111-287, amended section 101(b)(1)(G) of the

a Form I-800A, with fee, in accordance with the Form I-800A

Immigration and Nationality Act (INA) to allow the birth

instructions.

sibling of an adopted child to qualify as a Hague Convention

adoptee after the birth sibling's 16

birthday, but prior to the

When completing the Form I-800 under these special

birth sibling's 18

birthday. After November 30, 2010, a Form

instructions for an older birth sibling, you should write “N/A”

I-800 may be filed, in accordance with form filing

in response to questions 9 through 17, inclusive. No additional

instructions, if;

filing fee for a Form I-800 is required when filing for children

who are birth siblings. You must submit the following

1. The child is from a country Party to the Hague Convention

supporting documents with Form I-800:

on Protection of Children and Cooperation with Respect to

Intercountry Adoption; and

1. Birth certificates for each sibling or other evidence that

they are birth siblings.

2. The child is the birth sibling of another foreign national

child who has immigrated or will immigrate based on

2. Evidence that the younger birth sibling either already has

adoption by the same adoptive parents; and

immigrated or will immigrate to the United States as your

adopted child, orphan or Convention adoptee.

3. The Form I-800 is filed before the expiration of the notice

of approval or extension of the I-800A, Application for

3. A copy of the adoption decree for the older birth sibling

Determination of Suitability to Adopt a Child from a

you are filing for, if you have already adopted them. If you

Convention Country, and before the child's 18th birthday.

have not already adopted the older birth sibling,

information about the pre-adoption requirements under the

No additional filing fee for a Form I-800 is required when

law of the State where you will adopt, to show that you will

filing for children who are birth siblings.

be able to adopt the older birth sibling in that State, despite

the fact that they are already over 18.

You must have an approved, valid Form I-800A, prior to filing

Form I-800. If the approval of the Form I-800A (including any

extensions) has expired or you never filed a Form I-800A, you

Who May File Form I-800?

will need to file a Form I-800A, with fee, in accordance with

the Form I-800A instructions.

You may file this petition if you are a U.S. citizen who

Special Instructions for a Sibling Child who Turned 18 on

habitually resides in the United States and:

or after April 1, 2008

1. You have an approved, valid Form I-800A, Application for

The International Adoption Simplification Act of 2010,

Determination of Suitability to Adopt a Child from a

Convention Country; and

(Section 4(b)) also allows a U.S. citizen to file a visa petition

Form I-800 Instructions 03/10/17 N Page 2

Instructions For Form I-800 - Petition To Classify Convention Adoptee As An Immediate Relative - Department Of Homeland Security Page 2

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