---
kind: "section"
citation: "8 C.F.R. § 204.306"
title: "8"
number: "204.306"
heading: "Classification as an immediate relative based on a Convention adoption."
url: "https://uscodex.org/cfr/8/204.306"
---

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

- (a) Unless [8 CFR 204.309](/cfr/8/204.309.md) 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](/cfr/8/204.310.md);
  - (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](/cfr/8/204.313.md).

## Notes

### Source

Source: 72 FR 56854, Oct. 4, 2007, unless otherwise noted.

### Authority

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1184, 1186a, 1255, 1324a, 1641; 8 CFR part 2.