UPDATE: Call to Action Vietnam - USCIS/DOS Statements

Adoptions from Vietnam to the United States Will Not Resume Without a New Bilateral Agreement - Action Taken to Establish Safeguards that Protect Children and Families

WASHINGTON – United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) issued a joint statement with the government of Vietnam announcing that the processing of new adoption cases will not resume until both countries sign a new bilateral agreement.

The governments of the United States and Vietnam are taking this action jointly because both governments recognize the complexity of issues relating to intercountry adoptions and the importance of developing a transparent adoption system that protects all parties. The United States continues to strongly support the Vietnamese government's efforts to establish an appropriate child adoption system with sound safeguards and protections for children and families. Until a new bilateral agreement is reached, USCIS and DOS have concluded it is in the best interest of children and families to not process any post-Sept. 1, 2008 adoption cases. This action does not affect cases where the prospective adoptive parents were matched with a child before Sept. 1, 2008, the date the previous bilateral agreement expired.

USCIS and DOS will continue to process Vietnamese intercountry adoption cases where the child was matched with the prospective adoptive family before Sept. 1, 2008. Prospective adoptive parents, who may need clarification of the status of their case, may verify whether their adoption petition qualifies as a pre-Sept. 1 case by e-mailing the U.S. Embassy in Hanoi at: hanoiadoptions@state.gov. The Embassy strongly advises prospective adoptive parents not to travel to Vietnam until they have received notification from the Embassy that their case is ready for final processing and travel is appropriate.

The United States government is committed to supporting Vietnam in its efforts to establish practices necessary to appropriately process intercountry adoptions. We have therefore expressed our willingness to begin negotiations on a new bilateral agreement with the government of Vietnam that addresses the deficiencies in their current system. We cannot predict when a new bilateral adoption agreement with adequate safeguards for all parties will be concluded.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fa81be340e10d110VgnVCM1000004718190aRCRD&vgnextchannel=f3beaca797e63110VgnVCM1000004718190aRCRD

Tiny URL: http://tinyurl.com/4dqxzo

The joint statement between the United States and Vietnam is available in the RelatedLinks section of the USCIS webpage.

Additional information on international adoptions is available online at www.travel.state.gov, or in the Adoptions section of the USCIS website.

Additional printed FAQ available at the USCIS website: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a805be340e10d110VgnVCM1000004718190aRCRD&vgnextchannel=f3beaca797e63110VgnVCM1000004718190aRCRD

Tiny URL: http://tinyurl.com/3vw9aw

USCIS Update on I600a Renewals for Hague Transition Cases

Finally, some good news for Hague Transition applicants!

The USCIS published a new FAQ on October 14, 2008 containing an update and reversal of it's previous stance on I600a renewals for Hague Transition cases. Transition applications will now be fully grandfathered, meaning that families may file one free 18 month extension AND, if their transition adoption has not been completed by the expiration of the free extension, they may file another I600a and fee to renew approval.

IMPORTANT NOTE: Families with a transition case MUST keep their underlying I600a from expiring. If they allow the I600a to expire without filing for renewal, the case will have to be processed under Hague Convention rules (I800a).

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b1131c48aabfc110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Tiny URL: http://tinyurl.com/I-600infofromPEAR

Thank you to all adoptive and prospective adoptive families, adoption advocacy groups, and friends who took the time to contact government officials on this issue, our voices were heard!

USCIS Posts FAQ on Intercountry Adoption

The USCIS published an updated list of FAQ on Intercountry adoptions dated
9/29/08. The New FAQ can be found at:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0dc16c30c3fac110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Tiny URL: http://tinyurl.com/3zr4qb

If either link gives you trouble, just go to: http://www.uscis.gov/ and click on "Press Room" in the upper righthand corner.

The FAQ address some frequent concerns stated by PAPs in process of adopting from Hague and Non-Hague countries and I600a vs. I800a issues.

Noticeably missing is a clear statement as to the number of times a PAP can renew an I600a filed before April 1, 2008 in a Hague Country. DOS informed PAPs who were in process last spring that if they filed the I600a before April 1, 2008, they would be grandfathered into the I600a pre-Hague process (see DOS statement: "Transition cases will continue to be processed in accordance with the immigration regulations for non-Convention adoptions which were in effect at the time the case was filed. Non-Convention procedures differ from the new Convention adoption procedures." http://travel.state.gov/pdf/AdoptionFactSheet_TransitionCases4-09-2008.pdf).

The Immigration regulations on renewals which were in effect on April 1, 2008 can be found in the Final Rule on I600a renewals published in the Federal Register in February 2007. Read in its entirety, the Final Rule states that PAPs may receive one free renewal and subsequent renewals must be accompanied by a fee.(see: http://www.uscis.gov/files/nativedocuments/FinalRule.pdf) We at PEAR read this as meaning there is more than one opportunity to renew the I600a, but only one renewal is free. From what we understand, however, USCIS is interpreting this to mean that only one renewal is permitted. PEAR continues to press USCIS on a final statement that is consistent with the intent and letter of the law. We encourage PAPs and APs to call or write to the USCIS, DOS and their Congressmen requesting that USCIS permit more than one renewal of I600a applications in Hague transition cases as well as non-Hague cases.

Some helpful contact information:

USCIS
1-877-424-8374

DOS
AdoptionUSCA@state.gov

Gerry W. Fuller,
Intercountry Adoptions
FullerGW@state.gov


Gina Pollock
President
PEAR
http://www.blogger.com/www.pear-now.org

UPDATE on I800a Processing for Hague Convention Cases

Notification of a change in processing for Hague Convention cases was published in the Federal Register on August 26, 2008. The notice regards a change in filing location for I-800A and I800 applications and other related forms for adoptions from Hague Convention countries.

Beginning September 25, 2008, all listed forms should be filed with the following USCIS Chicago Lockbox facility located in Illinois:

U.S. Citizenship and Immigration Services
P.O. Box 805695,
Chicago, IL 60680-4118.

Please see the link below for further information and a complete listing of forms that should be sent to the Chicago Lockbox location

http://edocket.access.gpo.gov/2008/E8-19723.htm

ALSO, PLEASE NOTE: This change only impacts Hague country adoptions. [Note that forms I-600 and I600A related to countries not party to the Hague will have no change in filing location.]

Here is the summary of the notice as published in the Federal Register:

SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is expanding its Direct Mail Program to include Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, and Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country.

Applicants must submit Forms I-800, I-800A, and all related supplements and forms to the USCIS Chicago Lockbox facility located in Illinois, for initial processing. Applicants were previously required to file at a USCIS field office with jurisdiction over their place of current residence. The Direct Mail Program allows USCIS to process applications more efficiently by eliminating duplicative work, maximizing staff productivity, and introducing better information management tools."

FOR FURTHER INFORMATION CONTACT:

Lissette Kvortek,
HQ Adjudications Officer
Office of Field Operations
U.S. Citizenship and Immigration Services
Department of Homeland Security
20 Massachusetts Avenue NW.
Washington, DC 20529
Telephone (202) 272-1001.

DOS:Update on Tu Du Hospital in Vietnam (2008)

Vietnam

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

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August 19, 2008

Documentation related to intercountry adoption of children born at Tu Du Hospital in Ho Chi Minh City is unreliable, according to recent field investigations by U.S. officials. Specifically, U.S. officials conducting verification reviews see a pattern of false information in documentation pertaining to the birth mothers of children born at Tu Du Hospital. Field investigations indicate that one particular facility possesses the correct information. U.S. officials have been told that they do not have permission to review hospital records or interview hospital staff regarding any individual case; therefore verifying the orphan status of these children is extremely difficult. U.S. officials have also recently been informed that it is Tu Du Hospital’s policy to document all children as desertion cases regardless of the actual circumstances leading to their being made available for intercountry adoption.

In light of these discoveries, the Department of State and United States Citizenship and Immigration Services (USCIS) recommend that U.S. adoption service providers refer children born at Tu Du Hospital only when the child is a special need child or when all parties can ensure that the information pertaining to the birth parent can be verified, where a birth parent can be identified and/or when a birth parent can be interviewed to confirm that the child qualifies as an orphan in accordance with U.S. law. State and USCIS will continue to process cases already filed for children born at Tu Du Hospital; however, prospective adoptive parents should be aware that the circumstances discussed above have resulted in significant delays in the verification process of their cases. State and USCIS understand the severe impact of these delays, and commit to working expeditiously on these complex cases. To the extent possible, State and USCIS will process cases on a first in, first out basis.

USCIS and the Department of State are committed to seeking an ethical and prioritized resolution to these cases. The U.S. Government continues to reach out to local authorities who oversee the hospital’s actions in order to achieve greater cooperation in conducting field verifications. Prospective adoptive parents may contact USCIS through HCMAdoptions@dhs.gov to address specific questions they may have regarding their case.

http://www.travel.state.gov/family/adoption/intercountry/intercountry_4329.html

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