This whole IR-3 visa vs. an IR-4 visa issue has been a bit baffling to me (and to a few other Colorado families). Our agency just contacted USCIS Denver to determine whether our adopted children will return to the U.S. on an IR-3 visa or on an IR-4 visa and if Colorado had any statutory or regulatory requirements that would impact our cases depending on our child’s visa type. We got an answer from USCIS today that basically states that is the child is admitted as an IR-3, this means both parents saw the child prior to the adoption, and the child will automatically acquire US citizenship as soon as he/she is admitted to the US. If admitted as an IR-4, only one parent saw the child prior to adoption, or the child is coming from a country that does not allow foreign adoptions (such as Korea). If admitted as an IR-4, the foreign adoption must be validated under Colorado law in order for the child to acquire citizenship (the effective date of citizenship will be the date the foreign adoption is validated in Colorado).
I hope this clears up any confusion for those of you going through this in Colorado.
Thursday, March 26, 2009 | Posted by Laura Love-Aden at 11:29 PM |