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Frequently Asked Questions on Adoption
Can a U.S. citizen adopt a child from India without using the Hague process?
No, unless it's a relative adoption under HAMA with proof of two years legal custody and joint residence. Otherwise, all U.S. citizens must go through the Hague process regulated by CARA.
No. An OCI cardholder who is also a U.S. citizen must still comply with Hague rules. USCIS will treat you as a U.S. citizen, not as an Indian citizen, for immigration purposes.
Not at the time of adoption. Under HAMA, adoption can occur by customary "give and take." Later registration strengthens the case, since Section 16 of HAMA presumes validity once registered. Courts like Union of India v. Sukhpreet Kaur (2025) confirmed that delayed registration does not invalidate adoption.
This is common when adoption deeds are registered late. Indian courts have ruled that such mismatches do not cancel adoption. For U.S. immigration, you’ll need additional proof of custody and residence to overcome the discrepancy.
USCIS requires proof that the adoptive parent had two years of legal custody (through adoption deed, court order, or authority) and two years of joint residence with the child. These two periods can overlap but must be completed before the I-130 can be approved.
- U.S. citizens: Can file an I-130 as an Immediate Relative (IR-2 visa) with no backlog. Hague usually applies unless it's a relative adoption under HAMA with full custody/residence proof.
- LPRs: File under the F2A preference category, which has visa bulletin delays. Hague does not apply to LPRs, but the two-year custody/residence requirement under HAMA still applies.
Yes, but only if:
- The adoption meets HAMA requirements.
- You can prove two years of legal custody and joint residence.
Without that proof, USCIS will not approve the I-130, even for relative adoptions.
Generally, the adoption is not recognized for immigration. The only exception is when the child’s sibling (already adopted by the same parents) qualified before turning 16; in that case, the age limit extends to 18 years.
No. A valid HAMA adoption establishes legal parentage under Indian law, but for U.S. immigration, USCIS looks for custody and residence evidence. Without it, the I-130 will be denied.
Not always. Indian High Courts (e.g., Jasmine Kaur v. Union of India) have held that CARA’s involvement is not mandatory for relative HAMA adoptions. However, for immigration and passport purposes, authorities may still request CARA documentation, so it is best to consult legal counsel in both India and the U.S.
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