DOS Alert: Congolese Authorities Confirm the Suspension on Exit Permit Issuances Continues and Advise of Delays in Processing Grandfathered Cases

On December 19, the Congolese Minister of Justice, Minister of Interior and Security, and the General Direction of Migration (DGM) confirmed to members of the diplomatic corps, including the U.S. Ambassador, that the current suspension on the issuance of exit permits continues. This announcement confirmed information reported in the Department of State'sOctober 23 adoption alert regarding the suspension of issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.

The Ministers announced that even those adoptive families whose cases meet the DGM's criteria for receiving exit permits during the suspension will experience significant processing delays. Applications for exit permits for adopted children are facing increased scrutiny following reports of an apparently falsely backdated bordereau letter submitted by a U.S. family. The DGM reported that a number of additional applications appear to include fraudulently-obtained documentation as well. The Ministers stressed that adoptive parents must be patient as the DGM is reviewing applications thoroughly and cannot predict when exit permits may be issued.

The U.S. Embassy in Kinshasa continues to seek information about why some families whose adoptions were approved by the Ministry of Gender and Family before September 25 have reportedly not been able to submit applications for exit permits. Adoptive parents are cautioned that the processing delays may impact the DGM's ability to accept and process additional applications.

The DGM continues to estimate that the suspension will last a year. Adoptive families, prospective adoptive families, and adoption service providers are cautioned that the DGM has not committed to processing applications for exit permits within a given timeframe once the suspension ends.

Reminder of prohibition on adoptions by single parents:

On December 19, the Minister of Justice, Minister of Interior and Security, and DGM reiterated the October 22 announcement that children adopted by single parents will no longer be eligible for exit permits, unless the adoptions were approved by the Ministry of Gender and Family before September 25. This prohibition applies to single individuals from all countries and is intended to be permanent.

Please direct questions related to this notice or a specific adoption to the Department of State, Office of Children's Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AskCI@state.gov. We will also post new information as it becomes available on www.adoption.state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=democratic_republic_of_congo_6

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

DOS Alert: Democratic Republic of the Congo Authorities Announce Changes to Suspension Exceptions and New Prohibition on Adoptions by Single Parents

October 23, 2013:  Changes to limited exceptions to suspension on exit permit issuances: 

On October 22, the Congolese Ministry of Interior and Security, General Direction of Migration (DGM) clarified limited exceptions to the suspension of exit permit issuance referred to in the Department of State’s October 8 adoption notice. The DGM will issue exit permits to adopted Congolese children whose adoptions were approved by the Congolese Ministry of Gender and Family’s interministerial adoption committee beforeSeptember 25, 2013. The DGM provided the U.S. Embassy in Kinshasa with a list of children whose adoptions meet this requirement. The U.S. Department of State will contact the families whose children are on the DGM’s list by October 28. Adoptive parents are advised that the possession of a U.S. immigrant visa may not, on its own, be sufficient for the DGM to issue an exit permit to an adopted Congolese child.

Adoptive parents whose Congolese children’s cases fall under the exception must apply in person to the DGM’s Administrative Secretary for exit permits. Please note there is no fee for the service. The DGM usually takes a minimum of seven days to process exit permits for adopted children. The DGM Administrative Secretary may be reached at:

Mr. Albert Luyinu, Administrative Secretary
Direction Generale d’Immigration
65, Boulevard du 30 juin,
Commune de la Gombe
Ville de Kinshasa, R.D.Congo

The DGM further clarified that the Ministry of Gender and Family will not process any pending or new applications for approval of adoptions during the suspension on exit permit issuances.

New prohibition on adoptions by single parents: 

On October 22, the DGM informed the U.S. Embassy in Kinshasa that it will no longer issue exit permits to Congolese children adopted by single parents, unless the adoption meets the above criteria for limited exceptions. The DGM contends that certain provisions of Congolese law prohibit single individuals from adopting Congolese children. This prohibition applies to single individuals from all countries and is intended to be permanent. The U.S. Embassy in Kinshasa is seeking clarification on the prohibition’s impact on children whose adoptions by U.S. families were already completed in the Democratic Republic of the Congo before the suspension.

Adoptions in progress: 

Prospective adoptive parents and adoption service providers are reminded that adopted Congolese children cannot depart the Democratic Republic of the Congo without an exit permit. Therefore, while the courts may continue processing adoptions, the children adopted during the suspension will not be able to obtain exit permits to depart the country.

Please direct questions related to this alert or a specific adoption to the Department of State, Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AskCI@state.gov. We will also post new information as it becomes available on www.adoption.state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=democratic_republic_of_congo_5

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Alert: Democratic Republic of the Congo Immigration Authorities Suspend Issuance of Exit Permits to Adoptees

This alert updates the Department of State's May 2 adoption alert regarding the suspension of issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.

On September 27, the Congolese Ministry of Interior and Security, General Direction of Migration (Direction Generale d'Immigration, DGM) informed the U.S. Embassy in Kinshasa that effective September 25, 2013, the DGM suspended issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents. The DGM reports the suspension will last up to 12 months. This suspension is due to concerns over reports that children adopted from the Democratic Republic of the Congo may be either abused by adoptive families or adopted by a second set of parents once in their receiving countries.

The suspension of exit permits for adopted Congolese children applies to all intercountry adoptions and is not limited to adoptions by U.S. citizens. These exit permits are required in addition to U.S. immigrant visas in order for children to travel to the United States.

The DGM has not indicated whether adoptions in process may continue during the suspension period. The U.S. Embassy in Kinshasa is seeking clarification on the impact this will have on cases where adoptions were already completed, or completed and an immigrant visa issued. We will post new information as it becomes available on www.adoption.state.gov.

Please direct questions related to this alert or a specific adoption from the Democratic Republic of the Congo to the Department of State, Office of Children's Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AskCI@state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=democratic_republic_of_congo_3

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

DoS Alert: Democratic Republic of the Congo Immigration Authorities Resume Limited Issuance of Exit Permits to Children Adopted in Tribunal pour Enfants

This alert updates the Department of State’s May 2 adoption alert regarding the suspension of issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.

On June 17, the Democratic Republic of the Congo’s (DRC) General Directorate of Migration (Direction Generale de Migration, DGM) informed the U.S. Embassy in Kinshasa that the DGM has partially lifted its temporary suspension of issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.  At this time, DGM will only issue exit permits to children whose adoptions were completed in the local Tribunal pour Enfants, in accordance with the Congolese 2009 law regarding the protection of children. 

The U.S. Embassy in Kinshasa is seeking further clarification on the DGM’s decision and how it may affect intercountry adoptions completed in Tribunal de Paix in provinces where a Tribunal pour Enfants does not yet exist or did not exist at the time an adoption was completed.  The Department of State will post new information as it becomes available on adoption.state.gov. 

Prospective adoptive parents seeking to adopt from the DRC and their adoption service providers are encouraged to review the information provided by the Department of State regarding the current Embassy procedures, the general process for adopting from the DRC, and the most recent travel warning.

If you have concerns or questions regarding the alert or a specific adoption from the DRC, please contact the Department of State, Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States.  Email inquiries may be directed to AskCI@state.gov. 

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=democratic_republic_of_congo_2

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

DOS Notice: Democratic Republic of Congo

Democratic Republic of Congo
May 16, 2013

Notice for Individuals Seeking Further Information Following the Department of State's May 14 Conference Call

The Department of State has received information that a number of adoption service providers and prospective adoptive families were unable to join the conference call on adoptions from the Democratic Republic of the Congo (DRC) on May 14, 2013.  We regret that not everyone was able to participate in the call and are exploring options for future outreach.

During the call, we reviewed the information available on the Department’s website in the May 2 Adoption Alert regarding the suspension of exit permit issuances, the April 30 clarification Adoption Notice, and the March 15 Adoption Notice concerning the removal of children from orphanages by purported birth family members.  Please note that any new developments will be published on Adoption.State.Gov as information becomes available.

Individuals who are seeking information on the process for adopting from the DRC or further clarification regarding a specific adoption are encouraged to contact the Office of Children’s Issues at AskCI@state.gov or toll-free at 1-888-407-4747.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=democratic_republic_of_congo_7

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Department of State Notice for Democratic Republic of Congo

Democratic Republic of Congo April 30, 2013

Notice:  Clarification regarding Embassy Kinshasa adoption-related immigrant visa procedures

This notice is intended to clarify the recent procedural changes in processing adoption related immigrant visas and their impact on pending and future adoptions from the Democratic Republic of the Congo (DRC).  We appreciate the patience of families and all those involved in adoptions from the DRC as the change in procedures is implemented. 

Explanation of the change in procedures effective January 2013:  Embassy Kinshasa is now conducting the required case review and I-604 investigation prior to the visa interview to verify that an adopted child is eligible to immigrate as an “orphan” under U.S. immigration law.  In light of a significant increase in the adoption workload, the unreliability of documents in the DRC, and the difficulty of traveling within the country, Embassy Kinshasa anticipates that case reviews and I-604 investigations will now take approximately three to six months to complete.  Case reviews may take longer if children come from an area experiencing civil unrest or where the security situation does not allow Embassy staff to travel safely.  Please note that adoption cases will be processed as expeditiously as possible.

Impact on families with previously scheduled interviews when the Embassy announced the change in procedures in January 2013:  Embassy Kinshasa will honor scheduled visa interview appointments.  However, the case review and I-604 investigation is still required for each case.  U.S. citizens are cautioned that the case review and I-604 investigation will take approximately three to six months to complete.  While previously scheduled visa interviews will take place, Embassy Kinshasa cannot guarantee that case reviews and I-604 investigations will be completed before the interviews or that visas will be approved within any specified time after the interview date. 

Impact on families without scheduled interviews and new cases:  Each case is unique and, therefore, it is difficult to estimate how long a case review and I-604 investigation will take or when it will be completed.  Families in this group can expect to be contacted by Embassy Kinshasa twice:  first, upon receipt of the approved Form I-600 petition from the U.S. Citizenship and Immigration Services National Benefits Center, and second, when the U.S. Embassy is ready to schedule a visa appointment.

Security situation reminder:  Because of the security situation in the DRC, Embassy Kinshasa discourages U.S. citizens from traveling to the DRC solely for the purpose of filing the Form I-600 petition.  Anyone considering travel to the DRC is strongly encouraged to review the Department of State’s travel warning for the DRC.  Due to these concerns, the Embassy recommends that only those U.S. citizens residing in the DRC file their Form I-600 petitions at Embassy Kinshasa.  Residents of the United States are encouraged to file their Form I-600 petition directly with the U.S. Citizenship and Immigration Services National Benefits Center. 

Departing the DRC after visa issuance:  The processing time for an exit permit with the DRC’s Direction Generale de Migration (DGM) is approximately seven days.  There is no fee for the exit permit.  The DGM conducts its own investigations to ensure Congolese adoption procedures have been followed.  Embassy Kinshasa will not contact the DGM to request expedited processing of the exit permit.  The Department of State strongly discourages the practice of paying “expediting fees” to Congolese offices in an attempt to move the adoption process more quickly.  These “fees” can be perceived as bribes that encourage corruption.

If you have concerns, questions, or information regarding the change in procedures or a specific adoption from the DRC, please contact the U.S. Department of State, Office of Children’s Issues at AskCI@state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=democratic_republic_of_congo_

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

DOS Adoption Notice: Reports of the Removal of Children from Orphanages in the DRC

Democratic Republic of Congo  

March 15, 2013

Notice: Reports of the Removal of Children from Orphanages in the DRC

The U.S. Department of State recently received several reports that children adopted in the Democratic Republic of Congo have reportedly been taken from orphanages by a birth parent or relative after the adoption decree and certificate of non-appeal was issued by Congolese courts. This information reportedly has been presented to adoptive families by their agencies either following the Form I-600 petition approval, or immediately prior to filing the Form I-600 petition.

While there is a specific legal procedure through the Congolese courts for a biological parent or relative to reclaim an abandoned or relinquished child prior to any adoption judgments, once a certificate of non-appeal is issued, the adoption judgment can generally no longer be the subject of appeal or objection. Congolese courts are able to dissolve an adoption at the request of the adoptee or the adoptive parent in exceptional circumstances, but only through appropriate legal processes. Adoptive parents who have already received adoption decrees and certificates of non-appeal, but learn that their child was removed from an orphanage by a birth parent or relative, may wish to seek independent legal counsel in the Democratic Republic of the Congo to learn their legal rights as the adoptive parents under Congolese law.

The U.S. Embassy in Kinshasa maintains a list of attorneys who have identified themselves as willing to assist U.S. citizen clients. Placement on this list does not constitute endorsement or assessment of an individual attorney's qualifications by the U.S. Embassy in Kinshasa or the U.S. Department of State.

If you have concerns, questions, or information regarding this issue, please contact the U.S. Department of State, Office of Children's Issues at AskCI@state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=democratic_republic_of_congo_5

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

DOS Adoption Notice: DRC Changes at Embassy Kinshasa for adoption-related immigrant visa processing

Democratic Republic of Congo 

February 7, 2013

Notice: Changes at Embassy Kinshasa for adoption-related immigrant visa processing

Due to the increase in the volume of intercountry adoptions from the Democratic Republic of the Congo (DRC) by U.S. citizen families, U.S. Embassy Kinshasa announces several changes to its procedures for adoption related immigrant visa processing.  On January 31, 2013, Embassy Kinshasa held a teleconference with U.S. offices of adoption service providers (ASPs) operating in the DRC, to announce these changes.  A meeting will take place February 7 at the U.S. Embassy in Kinshasa with local ASP representatives to share the same information.  This notice summarizes the information shared in those meetings.

Embassy Kinshasa will now conduct the required field investigation after the approved I-600 petition is electronically received from U.S. Citizenship and Immigration Services (USCIS), or, for petitions filed in the DRC, upon receipt of the petition.  The Embassy will notify the petitioner, their ASP, and their designated representative to schedule a visa interview only once the field investigation is complete.  The Embassy will not schedule the interview until the field investigation is complete.  Adoptive families should be advised that field investigations may take approximately 3-6 months to complete, possibly longer if the case originates from an area experiencing civil unrest.  This change is effective immediately, but does not affect any appointments already scheduled.

Because of the security situation in the country, Embassy Kinshasa discourages U.S. citizens from traveling to the DRC solely for the purpose of filing the I-600 petition, and recommends that anyone considering travel to the DRC first review the Department of State’s travel warning for the DRC.  The option of filing the I-600 petition at Embassy Kinshasa is intended primarily for U.S. citizens resident in the DRC.  Residents of the United States should file their I-600 petition directly with USCIS National Benefits Center.  Petitions filed at Embassy Kinshasa may be filed by either spouse listed on the petition.  The absent spouse must sign the I-600 petition before it is submitted, but the petition does not need to be notarized.  The child’s Congolese passport is no longer required by Embassy Kinshasa to file the I-600 petition.  It must, however, be ready before the immigrant visa application and interview.

As a courtesy, the Embassy has gathered information about processing passport and exit visa paperwork with the Congolese government; however, please be advised that these processes are solely administered by the Congolese government and are subject to change.  The processing time for an application with the Ministry of Foreign Affairs (MFA) for a Congolese passport for an adopted child is approximately 2 weeks.  The fee for the Congolese passport is$170.  The processing time for an exit permit with the Direction Generale de Migration (DGM) is approximately 1 week.  There is no fee for the exit permit.  The MFA and DGM conduct their own investigations to ensure Congolese procedures have been followed.  Embassy Kinshasa will not make calls to expedite processing of either the passport or the exit permit.

Embassy Kinshasa received reports that some individuals have paid “expediting fees” to various Congolese offices in order to receive services related to adoption more quickly.  The Embassy strongly discourages this practice, as these “fees” can be seen as bribes that encourage corruption.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=democratic_republic_of_congo_4

****As a reminder, PEAR issued an Ethics Alert and Cautionary Statement in December 2012 recommending that PAPs do not initiate new adoption cases from DRC : http://pear-now.blogspot.com/2012/12/pear-ethics-alert-and-cautionary.html

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Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/