8 CFR § 204.306 - Classification as an immediate relative based on a Convention adoption.

---
identifier: "/us/cfr/t8/s204.306"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 204.306 - Classification as an immediate relative based on a Convention adoption."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "204.306"
section_name: "Classification as an immediate relative based on a Convention adoption."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "204"
part_name: "IMMIGRANT PETITIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1184, 1186a, 1255, 1324a, 1641; 8 CFR part 2."
cfr_part: "204"
---


# 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.