---
kind: "section"
citation: "8 C.F.R. § 204.307"
title: "8"
number: "204.307"
heading: "Who may file a Form I-800A or Form I-800."
url: "https://uscodex.org/cfr/8/204.307"
---

# §204.307. Who may file a Form I-800A or Form I-800.

- (a) **Eligibility to file Form I-800A.** Except as provided in [paragraph (c)](#c) of this section, the following persons may file a Form I-800A:
  - (1) An unmarried United States citizen who is at least 24 years old and who is habitually resident in the United States, as determined under [8 CFR 204.303(a)](/cfr/8/204.303.md?p=a); or
  - (2) A married United States citizen, who is habitually resident in the United States, as determined under [8 CFR 204.303(a)](/cfr/8/204.303.md?p=a), and whose spouse will also adopt any child adopted by the citizen based on the approval of a Form I-800A; and
  - (3) The citizen's spouse must also be either a U.S. citizen, a non-citizen U.S. national, or an alien who, if living in the United States, holds a lawful status under U.S. immigration law. If an alien spouse is present in a lawful status other than the status of an alien lawfully admitted for permanent residence, such status will be a factor evaluated in determining whether the family's situation is sufficiently stable to support a finding that the applicant is suitable as the adoptive parents of a Convention adoptee.
- (b) **Eligibility to file a Form I-800.** Except as provided in [paragraph (c)](#c) of this section, the following persons may file a Form I-800:
  - (1) An unmarried United States citizen who is at least 25 years old and who is habitually resident in the United States, as determined under [8 CFR 204.303(a)](/cfr/8/204.303.md?p=a); or
  - (2) A married United States citizen, who is habitually resident in the United States as determined under [8 CFR 204.303(a)](/cfr/8/204.303.md?p=a), and whose spouse will also adopt the child the citizen seeks to adopt. The spouse must be either a United States citizen or a non-citizen U.S. national or an alien who, if living in the United States, holds a lawful status under U.S. immigration law; and
  - (3) **The person has an approved and unexpired Form I-800A.**
- (c) **Exceptions.**
  - (1) No applicant may file a Form I-800A, and no petitioner may file a Form I-800, if:
    - (i) The applicant filed a prior Form I-800A that USCIS denied under [8 CFR 204.309(a)](/cfr/8/204.309.md?p=a); or
    - (ii) The applicant filed a prior Form I-600A under [8 CFR 204.3](/cfr/8/204.3.md) that USCIS denied under [8 CFR 204.3(h)(4)](/cfr/8/204.3.md?p=h-4); or
    - (iii) The petitioner filed a prior Form I-800 that USCIS denied under [8 CFR 204.309(b)(3)](/cfr/8/204.309.md?p=b-3); or
    - (iv) The petitioner filed a prior Form I-600 under [8 CFR 204.3](/cfr/8/204.3.md) that USCIS denied under [8 CFR 204.3(i)](/cfr/8/204.3.md?p=i).
  - (2) This bar against filing a subsequent Form I-800A or Form I-800 expires one year after the date on which the decision denying the prior Form I-800A, I-600A, I-800 or I-600 became administratively final. If the applicant (for a Form I-800A or I-600A case) or the petitioner (for a Form I-800 or I-600 case) does not appeal the prior decision, the one-year period ends one year after the date of the original decision denying the prior Form I-800A, I-600A, I-800 or I-600. Any Form I-800A, or Form I-800 filed during this one-year period will be denied. If the applicant (for a Form I-800A or Form I-600A case) or petitioner (for a Form I-800 or I-600 case) appeals the prior decision, the bar to filing a new Form I-800A or I-800 applies while the appeal is pending and ends one year after the date of an Administrative Appeals Office decision affirming the denial.
  - (3) Any facts underlying a prior denial of a Form I-800A, I-800, I-600A, or I-600 are relevant to the adjudication of any subsequently filed Form I-800A or Form I-800 that is filed after the expiration of this one year bar.

## 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.