CFR > Title 8 - Aliens and Nationality > CHAPTER I—DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER B—IMMIGRATION REGULATIONS (parts 100 to 299) > PART 204—IMMIGRANT PETITIONS > SUBPART C—Intercountry Adoption of a Convention Adoptee (§204.300 to §204.314) > 204.306—Classification as an immediate relative based on a Convention adoption.

204.306—Classification as an immediate relative based on a Convention adoption.

(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:
(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
(2) The child is a Convention adoptee.
(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:
(1) First, the U.S. citizen must file a Form I-800A under 8 CFR 204.310 ;
(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.