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What is the IH-4 Visa? A Guide to Adoption Immigration
Definition & Meaning
The IH-4 visa is an immigrant visa designated for children from Hague Convention countries who are being adopted in the United States. This visa is specifically for children who have not yet been fully adopted and for whom the adoptive parent(s) have not met in person prior to the adoption process concluding in the child's home country.
Table of content
Legal Use & context
The IH-4 visa is primarily used in family law, particularly in the context of international adoption. It allows children to enter the United States while the adoption process is still ongoing. After arriving in the U.S., most children on an IH-4 visa must undergo a re-adoption process according to state laws. Users can manage some aspects of this process using legal templates provided by US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A couple in the United States wishes to adopt a child from Colombia. They apply for an IH-4 visa because they have not met the child in person. After the child arrives in the U.S., they complete the re-adoption process in their state.
Example 2: A family adopts a child from India through an international agency. They obtain an IH-4 visa for the child, who arrives in the U.S. before the adoption is finalized, requiring them to follow state-specific re-adoption procedures. (hypothetical example)
State-by-state differences
State
Re-adoption Requirements
California
Requires a court hearing to finalize re-adoption.
Texas
Allows for a simplified re-adoption process with fewer requirements.
New York
Mandates a home study before re-adoption can be finalized.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
IH-3 Visa
A visa for children who are fully adopted before entering the U.S.
IR-4 Visa
A visa for children who are adopted but require additional legal steps after arriving in the U.S.
Common misunderstandings
What to do if this term applies to you
If you are considering adopting a child from a Hague Convention country, start by consulting with an adoption agency that specializes in international adoptions. Ensure you understand the IH-4 visa process and the re-adoption requirements in your state. You can also explore US Legal Forms for ready-to-use legal templates to assist with the necessary paperwork. If your situation is complex, seeking guidance from a legal professional is advisable.
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