The INA definition includes four key elements: law - not the law of a child's country of residence. USCIS determines whether a child qualifies as an orphan according to U.S. (Read on for descriptions of both forms.)
Citizenship and Immigration Services (USCIS) Forms I-600A (optional) and I-600. For non-Convention adoptions, use U.S.Such children must qualify as orphans as defined by the Immigration and Nationality Act (INA) before they can be considered for U.S. A separate process applies to children adopted from non-Hague Adoption Convention countries.