{"data":{"id":"us/8-cfr-204.306","jurisdiction":"us","citation":"8 CFR 204.306","heading":"Classification as an immediate relative based on a Convention adoption.","body":"(a) Unless 8 CFR 204.309 requires the denial of a Form I-800A or Form I-800, a child is eligible for classification as an immediate relative, as defined in section 201(b)(2)(A)(i) of the Act, on the basis of a Convention adoption, if the U.S. citizen who seeks to adopt the child establishes that:\n(1) The United States citizen is (or, if married, the United States citizen and the United States citizen's spouse are) eligible and suitable to adopt; and\n(2) The child is a Convention adoptee.\n(b) A U.S. citizen seeking to have USCIS classify an alien child as the U.S. citizen's child under section 101(b)(1)(G) of the Act must complete a two-step process:\n(1) First, the U.S. citizen must file a Form I-800A under 8 CFR 204.310;\n(2) Then, once USCIS has approved the Form I-800A and a child has been identified as an alien who may qualify as a Convention adoptee, the U.S. citizen must file a Form I-800 under 8 CFR 204.313.","path":["Title 8—Aliens and Nationality","CHAPTER I—DEPARTMENT OF HOMELAND SECURITY","SUBCHAPTER B—IMMIGRATION REGULATIONS","PART 204—IMMIGRANT PETITIONS","Subpart C—Intercountry Adoption of a Convention Adoptee"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-8.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:01Z","sha256":"e3a9521553dfb4386e10fc518e6862faeb70ccf26e5824c732f408392b272247","source_id":"us-cfr","stale":true,"prev":"us/8-cfr-204.305","next":"us/8-cfr-204.307"},"notice":"GroundRules: Original legal text. Not legal advice."}