Nikolai_0802 писал(а): ↑what is a difference between IH-3 and IH-4 visas
The IH-3 and IH-4 visas are classifications under U.S. immigration law related to the international adoption of children from countries that are party to the Hague Adoption Convention. The primary difference between the two visas lies in the stage at which the adoption is finalized—either abroad or within the United States—and how that affects the child's immigration status upon entry.
### **IH-3 Visa**
- **Finalized Adoption Abroad**: The IH-3 visa is issued when a U.S. citizen adopts a child in a Hague Convention country, and the adoption is fully **finalized in the child's country of origin** before the child travels to the United States.
- **Automatic U.S. Citizenship**: Children entering the U.S. on an IH-3 visa generally become **automatic U.S. citizens upon entry** due to the Child Citizenship Act of 2000. There is no need for the adoptive parents to complete a re-adoption in the U.S., although some choose to do so to obtain a U.S. adoption decree for legal purposes.
- **Documentation**: The child will receive a Certificate of Citizenship from the U.S. Citizenship and Immigration Services (USCIS) after arrival.
### **IH-4 Visa**
- **Guardianship or Incomplete Adoption Abroad**: The IH-4 visa is issued when a child is coming to the U.S. from a Hague Convention country **to be adopted** or when the adoption abroad is not considered full and final under U.S. law. This often occurs when the child is placed in the legal custody of the adoptive parents for the purpose of adoption in the United States.
- **Lawful Permanent Resident Status**: Children entering the U.S. on an IH-4 visa become **lawful permanent residents (LPRs)** upon entry, not automatic citizens.
- **Finalization in the U.S.**: The adoptive parents must **complete the adoption process in a U.S. court**. After the adoption is finalized, the parents can apply for their child's Certificate of Citizenship.
- **Citizenship Process**: Once the adoption is finalized in the United States, the child may acquire U.S. citizenship. Parents must fulfill additional steps, such as submitting Form N-600 to USCIS for the Certificate of Citizenship.
### **Key Differences**
1. **Stage of Adoption Finalization**:
- **IH-3**: Adoption is finalized in the child's home country.
- **IH-4**: Adoption is to be finalized in the United States.
2. **Immigration Status upon Entry**:
- **IH-3**: Child enters as a U.S. citizen.
- **IH-4**: Child enters as a lawful permanent resident.
3. **Post-Arrival Requirements**:
- **IH-3**: No legal adoption proceedings needed in the U.S., though re-adoption is optional.
- **IH-4**: Adoption must be completed in the U.S. to grant full parental rights and citizenship.
### **Why the Difference Matters**
- **Legal Rights and Benefits**: With the IH-3 visa, since the adoption is recognized as final under both the foreign country's and U.S. laws, the child immediately gains all the rights and privileges of a U.S. citizen. Conversely, with the IH-4 visa, the child does not acquire automatic citizenship and is subject to immigration laws applicable to permanent residents until the adoption is finalized in the U.S.
- **Parental Responsibilities**: Adoptive parents of IH-4 visa holders have the responsibility to ensure that the adoption is completed in the U.S. and to take the necessary steps for their child to obtain citizenship.
### **Conclusion**
Understanding the distinction between IH-3 and IH-4 visas is crucial for adoptive parents navigating international adoption processes. It affects not only the immediate legal status of the child upon entry into the United States but also determines the subsequent steps parents must take to ensure their child’s full integration, legal protection, and citizenship status.
It's advisable for adoptive parents to consult with an immigration attorney or an accredited adoption agency to understand the nuances of their specific situation and to ensure compliance with all legal requirements, both abroad and in the United States.