8 CFR § 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) 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); or
(2) A married United States citizen, who is habitually resident in the United States, as determined under 8 CFR 204.303(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) 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); or
(2) A married United States citizen, who is habitually resident in the United States as determined under 8 CFR 204.303(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); or
(ii) The applicant filed a prior Form I–600A under 8 CFR 204.3 that USCIS denied under 8 CFR 204.3(h)(4); or
(iii) The petitioner filed a prior Form I–800 that USCIS denied under 8 CFR 204.309(b)(3); or
(iv) The petitioner filed a prior Form I–600 under 8 CFR 204.3 that USCIS denied under 8 CFR 204.3(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.