Thursday, May 2, 2013

Department of State Alert: Democratic Republic of the Congo

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

May 2, 2013
Democratic Republic of Congo
On April 29, the Congolese Ministry of Interior and Security, General Direction of Migration (Direction Generale d’Immigration, DGM) informed the U.S. Embassy in Kinshasa that the DGM has temporarily suspended issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.  This suspension is due to an ongoing investigation of an adoption that may not have complied with Congolese law.
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 does not expect to issue exit permits to any adoptees during the investigation.  We will post new information as it becomes available on adoption.state.gov.



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

Notice: Malian Law Restricts Intercountry Adoptions


Department of State Notice for Mali

Mali  May 1, 2013

In December 2011, the Malian National Assembly passed a new Code of Person and the Family.  The Code includes a provision that only Malian citizens will be able to complete intercountry or domestic adoptions from Mali.  In the case of couples planning to adopt, both members of the couple must be Malian citizens. Note:  We understand that the law may allow Malian citizens who are also dual U.S. citizens to adopt.
The Department of State will provide updated information onadoption.state.gov as it becomes available.  If you have any questions about this notice, please contact the 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 AdoptionUSCA@state.gov


http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=mali_2



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



Wednesday, May 1, 2013

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.

Friday, April 26, 2013

DOS Adoption Notice: Bolivia/Procedural Barriers to Hague Adoptions


Bolivia April 26, 2013

Notice: Procedural Barriers to Hague Adoptions

The Office of Children’s Issues and the U.S. Embassy in La Paz have received numerous inquiries from prospective adoptive parents interested in adopting children from Bolivia.

Bolivia is a Party to the Hague Adoption Convention.  Therefore, in order to adopt a Bolivian child, prospective adoptive parents are required to work with a Hague- accredited U.S. adoption service provider (ASP) who is also authorized by the Ministry of Justice, which is the Bolivian Central Authority, to facilitate adoptions of Bolivian children.  However, Bolivia has not authorized any U.S. Hague-accredited ASPs to process adoptions of Bolivian children.  As a result, the intercountry adoption of children from Bolivia to the United States is not possible at this time.  Although the U.S. Embassy will continue to engage with the Bolivian government on this issue, we cannot estimate when the Bolivian government will authorize a U.S. ASP to facilitate Bolivian adoptions.

The foregoing does not affect the ability of an adoptive parent who is habitually resident outside of the United States to file a Form I-130, Petition for Alien Relative, for an adopted child from Bolivia with U.S. Citizenship and Immigration Services (USCIS).  To be considered habitually resident outside of the United States, the adoptive parent must complete two years of legal custody and shared residency in Bolivia with the child.

USCIS determines whether a child meets the definition of an “adopted child”, and qualifies for immigration on a case-by-case basis.  For more information about Form I-130, please visit the USCIS Form I-130 processing page.

If you have further questions, please contact us by phone at 1-888-407-4747 or e-mail us at adoptionUSCA@state.gov.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=bolivia_1

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

DOS Adoption Alert: Haiti authorizes U.S. adoption service providers


Haiti April 24, 2013

Alert: Haiti authorizes U.S. adoption service providers

Haiti’s adoption authority, Institut du Bien-Être Social et de Recherches (IBESR), has authorized a limited number of U.S. adoption service providers (ASPs) to provide adoption services in Haiti pursuant to its new administrative adoption procedures, which became effective on November 5, 2012.  Although these new procedures are part of the Government of Haiti’s efforts to become a Hague Adoption Convention partner with the United States, at this time Haiti is not party to the Convention.  The U.S. government will continue to process adoptions under the non-Hague system until the Convention enters into force for Haiti.

In order to complete an intercountry adoption from Haiti, the adoption must comply with all of Haiti’s laws and regulations.  These include the eligibility of the prospective adoptive parents to adopt, the eligibility of the child for intercountry adoption, and the matching of prospective adoptive parents with a specific child.  The child must also meet the definition of an orphan under U.S. immigration law.  All adoptions filed with the Haitian government on or after November 5, 2012 must comply with the new procedures.

The Department strongly urges all U.S. prospective adoptive parents interested in pursuing an adoption in Haiti to work with an ASP authorized by IBESR.  The Department emphasizes that Haiti’s new procedures prohibit adoptions in which arrangements are made directly between the biological parents or custodians and the prospective adoptive parents (i.e. private adoptions).  The new procedures also prohibit adoptions in which prospective adoptive parents seek a match with a child without the assistance of IBESR or an ASP authorized by the Haitian government (i.e. independent/individual adoptions).  Similarly, Haiti will not approve adoptions where the child’s biological parents or legal representatives expressly decide who will adopt their child, unless the adoption is of a spouse’s child, is an intra-family adoption, is by a child’s foster family, or the child is the sibling of a child who has already been adopted.
 
The procedures (paras. 37-40) also specifically require ASPs authorized by IBESR to conduct post-adoption reporting on the child every six months for the first two years and annually for three additional years after the child is placed with the adoptive family.  These reports must include a medical evaluation of the child, a school report, a psychological evaluation, and a social evaluation.  The director of the authorized ASP must author the first four reports and forward them directly and solely to IBESR, whereas an independent expert may author the final three reports and the parents can submit them to IBESR.

According to IBESR, the following 20 U.S. ASPs have been authorized to provide adoption services in Haiti.  The Department will publish the names of any additional authorized ASPs upon receipt of official notification.  Publication of this list of ASPs does not constitute the Department’s endorsement of them:
  • A Love Beyond Borders
  • Adoption-LinkAll Blessings International/Kentucky Adoption Services
  • All God’s Children International
  • America World Adoption
  • Bethany Christian Services
  • Building Arizona Families
  • Carolina Adoption Services, Inc.
  • Children of All Nations
  • Children’s House International
  • Chinese Children Adoption International
  • Dillon International, Inc.
  • European Adoption Consultants, Inc.
  • Holt International Children’s Services, Inc.
  • Lifeline Children’s Services
  • Love Basket
  • MLJ Adoptions, Inc.
  • Nightlight Christian Adoptions
  • Sunny Ridge Family Center, Inc.
  • Wasatch International Adoptions
The U.S. Embassy in Port-au-Prince will continue to clarify the new procedures as they are updated by IBESR, and the information in this update is subject to change.  Please refer to our website adoption.state.gov for updates on adoptions in Haiti.

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