USCIS Adoption Information on Universal Accreditation act

USCIS has released the following information with regards to the Universal Accrditation Act to help clear up questions by prospective adoptive parents and adoption service providers:


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ac818aea586bd310VgnVCM100000082ca60aRCRD&vgnextchannel=8d5e901bf9873210VgnVCM100000082ca60aRCRD

The Universal Accreditation Act of 2012

The Intercountry Adoption Universal Accreditation Act of 2012 (UAA) goes into effect on July 14, 2014. As of that date, all agencies or persons that provide adoption services in support of the two forms listed below must be accredited or approved, or be a supervised or exempted provider, in compliance with the Intercountry Adoption Act and accreditation regulations.
 The affected forms are:

• Form I-600A, Application for Advance Processing of Orphan Petition; and
• Form I-600, Petition to Classify Orphan as an Immediate Relative.

The UAA requires that adoption service providers (ASPs) handling non-Hague Convention adoption cases that fall under the Immigration and Nationality Act (INA) section 101(b)(1)(F) follow the same accreditation or approval process required of ASPs that handle Hague Convention cases under INA section 101(b)(1)(G).

The UAA assures families pursuing an intercountry adoption that regardless of the country from which they intend to adopt, the ASP they choose will need to comply with the same ethical standards of practice and conduct.  

When to Use an Accredited ASP

The UAA allows for transition cases (grandfathering) in certain situations. ASPs that provide adoption services in these grandfathered cases do not need to be accredited.

However, ASPs must be accredited for any adoption services they provide on or after July 14, 2014, even if prospective adoptive parents filed Forms I-600A or I-600 before that date, and accreditation was not required for ASPs at the time of filing.

The following tables explain when you will be required to use an accredited ASP.

Action Taken	Is Accreditation Required?
USCIS makes a decision on Form I-600A or Form I-600 before July 14, 2014.	No. Accreditation is not required for adoption services provided before July 14, 2014.
You file Form I-600A or Form I-600 before July 13, 2013, but USCIS makes a decision on or after July 14, 2014.	No. The case is grandfathered, and accreditation is not required.
You have initiated the adoption process in a foreign country with the filing of an appropriate foreign application as determined by the Secretary of State before July 13, 2013.	No. The case is grandfathered, and accreditation is not required.
You file Form I-600A or Form I-600 on or after July 13, 2013, and USCIS makes a decision on or after July 14, 2014.	Accreditation is not required for adoption services provided before July 14, 2014. But accreditation is required for adoption services provided on or after July 14, 2014.
You file Form I-600A or Form I-600 on or after July 14, 2014.	Yes. Accreditation is required.

Examples:

If you file Form I-600A or Form I-600	Then your application will
Before July 13, 2013, with a home study prepared by an unaccredited ASP	Be grandfathered under the UAA transition rule. An unaccredited or unapproved ASP can provide any adoption services, even after the UAA goes into effect on July 14, 2014.
On or after July 13, 2013, with a home study prepared by an unaccredited or unapproved ASP	Not be grandfathered under the UAA transition rule. In this situation, USCIS may rely on a home study prepared by an unaccredited provider if it was completed before the new accreditation requirements go into effect on July 14, 2014. After this date, if you need an amended home study or other adoption services, you will need to work with an accredited or approved ASP, an exempted provider, or an ASP that provides services under a supervisory agreement with an accredited ASP.

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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/

DOS Adoption Notice: Notes from Ambassador Jacobs' Meeting with Adoption Service Providers on December 11, 2012 in Addis Ababa

Ethiopia January 25, 2013

Notice: Notes from Ambassador Jacobs' Meeting with Adoption Service Providers on December 11, 2012 in Addis Ababa

During a visit to Addis Ababa from December 8-11, 2012, Ambassador Susan Jacobs, Special Advisor for Children’s Issues, met with the staff of U.S.-based Adoption Service Providers (ASPs).  The Office of Children's Issues posts this notice to provide interested parties with information discussed at the meeting on December 11, 2012.  Meetings between Embassy Addis’ Adoptions Unit and ASPs take place several times a year and are announced to in-country representatives in advance.  This notice recaps the issues discussed.

Administrative Discussion with Embassy Addis Ababa Adoptions Unit

I-600A Validity
An adoptive family’s I-600A petition must be valid at the time that the I-600 petition and case file are submitted to the U.S. Embassy for review.  Currently, many adoption service providers email the embassy at ConsAdoptionAddis@state.gov following initial I-600A approval by the National Benefits Center in order to confirm the case number and the expiration date of the fingerprint approval and I-600A approval.  Embassy Addis’ Adoptions Unit requests that, at the time the adoption service provider (ASP) submits the original I-600 and other supporting documents, that it also provide a printed copy of the confirmation email mentioned above.  Taking this additional step will ensure that the I-600A is valid at the time of I-600 submission, and help us avoid instances where a family might learn their fingerprint clearances are expiring very late in the Embassy review process.
The screening checklist linked on Embassy Addis’ website here has been updated to reflect this new change.

Expedited processing
The Adoptions Unit will consider on a case-by-case basis expeditious processing for children with serious medical conditions that require urgent treatment that is unavailable in Ethiopia.  Cases involving children who have serious but stable medical conditions or who are already undergoing treatment in Ethiopia generally do not qualify for expeditious processing.  More typical medical conditions like asthma or stable HIV/AIDS, which are common reasons for requesting expedited processing, would not usually qualify.


Expedited cases are not exempt from the required review of orphan status through the Form I-604, Determination on Child for Adoption.  We encourage all agencies to inform us as early as possible about cases involving children with serious medical conditions requiring urgent treatment that is unavailable in Ethiopia, even at the time of referral.  The more information about the child’s medical condition we have in advance, the faster we’ll be able to move the case through the system.
For cases that we do expedite, it is essential that the ASP stay in close contact with the panel physician in order to keep the adoptive families informed of how long it will take for a child to be medically cleared for travel.  The Adoptions Unit encourages parents to direct questions about the timing of the medical clearance to their ASPs, so it is important that ASP staff be aware of the status of their respective children’s panel physician clearances at all times.  Doing so will ensure that a child who is cleared for a visa does not get held up because of unexpected delays with the medical clearance.

For some children with confirmed TB or other medical conditions that require lengthy testing prior to issuance of the panel physician report, the Adoptions Unit can work with the ASP to have the child examined prior to issuance of the Ethiopian passport.

Cases from the Southern Nations, Nationalities, and People’s Region (SNNPR)
The Adoptions Unit requests that ASPs provide detailed information on the status of any cases which have been delayed for a significant period of time (i.e. 8+ months) because of the new review process instituted by the SNNPR Bureau of Women’s, Children’s, and Youth Affairs (BOWCYA) office.  Embassy Addis Ababa supports the efforts of SNNPR BOWCYA to accurately document all orphaned children within the region, and to follow the Alternative Care Guidelines outlined in an Ethiopian Ministry of Women’s, Children’s, and Youth Affairs 2009 directive on the subject.  However, the Adoptions Unit recognizes that families adopting from Ethiopia’s southern region have undergone an extremely lengthy and sometimes difficult process, and so we will expedite processing of those cases to the extent possible.  As with cases that are expedited for medical reasons, cases from SNNPR are not exempt from the required review of orphan status through the Form I-604, Determination on Child for Adoption.

Addis Ababa Death Certificates
For children who come from Addis Ababa and whose parents are deceased, we still require a death certificate from the Addis Ababa municipal government if the children’s parents died in the city.  In general, a statement from a church or an Islamic court will not be sufficient, especially for cases from Addis Ababa where death certificates are fairly easy to obtain.  More information about which local documents are acceptable is available on the embassy’s website.

Key Points from Remarks by Ambassador Susan Jacobs,
Special Advisor for Children’s Issues

Standards of Practice
Adoption Service Providers continue to improve their standards of practice, and Embassy Addis’ Adoptions Unit reports that the documentation submitted with adopted children’s case files as part of the I-600 petition has significantly improved over the last year.  However, it is important for ASPs to look beyond documentation and ask what they can do to ensure ethical and transparent adoptions that are in the best interest of the child.  Ethical and transparent adoptions lead to clearer and more easily adjudicated petitions, and are in everyone’s best interests. 

Also with respect to documentation, we encourage ASPs to work with orphanages to ensure proper documentation of a child’s entrance into care, including gathering information about the child’s parentage, age, circumstances of abandonment, efforts made to locate parents or ensure that parental or guardianship rights were appropriately relinquished, and even a photograph of the child at the time of placement with the orphanage, if available.   Ensuring that this information is gathered at the time of entrance into care enables your agency to ensure the children who are placed for intercountry adoption are truly available for adoption, and that there are no opportunities for misfeasance in the referral process.  We recognize that many ASPs work with children who were placed in orphanages long ago, which makes it even more important to work with those orphanages to improve standards of practice to ensure that children are properly documented at the time they are placed for intercountry adoption. 

Similarly, while it is important to be able to acquire the necessary documentation in any given adoption, it is more important to know how the orphanage comes by this information and how it operates on a daily basis.  If an ASP contributes funds to an orphanage or relies on an affiliate to operate an orphanage on its behalf, the ASP needs to know where that money goes and ensure that it benefits the children.   Moreover, ASPs need to ensure that the documentation about a child presented by an orphanage is a reflection of the true circumstances and not simply a document created to satisfy a request.

Finally, on the issue of raising the standards of practice, the Department of State is supportive of the new Intercountry Adoption Universal Accreditation Act of 2012, a measure that will require all U.S.-based ASPs to be Hague accredited, even when operating in countries like Ethiopia that have not acceded to the Hague Convention.  The act will take effect July 14, 2014

Education of Parents
Ethical and transparent adoptions can only occur when birth families are making fully informed decisions without influence from outside parties.  One of the ways ASPs can support ethical and transparent adoptions is to ensure that relinquishing parents and relatives understand the true meaning of intercountry adoption and the consequences of the decision to relinquish a child. 

It is also important to ensure that adoptive parents are educated and informed about the children they are adopting.  If an ASP or the orphanage has information about a child’s medical condition or a behavioral issue, it is essential that the adoptive family be provided with that information.  Bringing an adopted child into a new family and culture, often while learning a new language, is extremely difficult.  Just as educating relinquishing parents is essential for the best interests of the child, keeping adoptive parents informed must be a top priority for every ASP.  We need to give every adoptive family the tools and information needed to succeed.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_19

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

DOS Adoption Alert: Legislation to Ban Intercountry Adoption by U.S. Families Signed into Law

Russia  

December 31, 2012

Alert: Legislation to Ban Intercountry Adoption by U.S. Families Signed into Law

On December 28, President Vladimir Putin signed into law Russian Federal Law No. 186614-6, which prohibits the adoption of Russian children by U.S. citizens. This law will go into effect on January 1, 2013.

In keeping with the spirit of the current U.S.-Russia adoption agreement, which went into effect on November 1, 2012, the U.S. government continues to urge the Russian government to allow U.S. families in the process of adopting a child from Russia to complete their adoptions so that these children may join permanent, loving families.

At this time the Russian government has provided no details on how the law will be implemented. The Department of State has no information on whether the Russian government intends to permit the completion of any pending adoptions.

In observance of national holidays, most Russian government offices will be closed through January 8, 2013.

Prior to traveling to Russia, we strongly encourage families, in cooperation with their adoption service providers, to confirm that Russian authorities will process their adoptions to conclusion and provide all required documents. It remains unclear whether Russian immigration authorities will allow adoptees to depart the country and whether families in this situation will encounter legal complications with local authorities starting on January 1, 2013.

The U.S. Embassy in Moscow will continue to process Forms I-600, Petition to Classify Orphan as an Immediate Relative, and immigrant visa applications for children whose families have obtained all required documents as part of the adoption process. U.S. citizen adoptive parents who have completed an adoption, received a Russian passport for their child, and have filed or are ready to file Form I-600 with U.S. Citizenship and Immigration Services (USCIS), and then apply for the immigrant visa at the consular section of the U.S. Embassy in Moscow should call +7-495-728-5000 or email the USCIS office at the U.S. Embassy in Moscow at Moscow.dhs@dhs.gov to request assistance.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=russia_7

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

DOS Adoption Alert: Russian President Vladimir Putin Signs Legislation to Ban Intercountry Adoption by U.S. Families into Law

Russia 

December 28, 2012

Alert: Russian President Vladimir Putin Signs Legislation to Ban Intercountry Adoption by U.S. Families into Law

On December 28, President Vladimir Putin signed Federal Law No. 186614-6 which prohibits the adoption of Russian children by U.S. families.  This law will go into effect on January 1, 2013.
The Department of State remains actively engaged with the Russian government to determine how this will impact the resolution of adoptions by U.S. families in various stages of the adoption process.  In keeping with the spirit of the current U.S.-Russia adoption agreement, we have urged the Russian government to ensure that U.S. families in the process of adopting a child from Russia will be able to complete their adoptions so that these children may join permanent loving families.
 
The Department continues to encourage U.S. families in the process of adopting a child from Russia to provide information regarding where they are in the adoption process to the Office of Children’s Issues using the subject line “Intercountry adoption in Russia – family update.”  An email address has been set up for this correspondence: Russiaadoption@state.gov.  Those families that have already provided information to AskCI@state.gov do not need to resend their information.   As more information is obtained we will reach out directly to families that have provided their contact information.  Further information regarding intercountry adoption from Russia will also be posted on www.adoption.state.gov.

In Russia, U.S. citizen adoptive parents who completed an adoption, received a Russian passport for their child, and have filed or are ready to file Form I-600, Petition to Classify Orphan as an Immediate Relative, and apply for the immigrant visa at U.S. Embassy Moscow should call +7-495-728-5000 or email the Moscow U.S. Citizenship and Immigration Services Field Office at Moscow.dhs@dhs.gov to request assistance.  Absent additional information about the impact of the law, families who have received immigrant visas for their children should make every effort to depart Russia before January 1.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=alerts&alert_notice_file=russia_6

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

USCIS Stakeholder Meeting on Ethiopian Adoptions

USCIS Stakeholder Meeting on Ethiopian Adoptions

Friday, October 28, 2011 @ 10:30 am (EDT)

U.S. Citizenship and Immigration Services (USCIS) would like to invite you to attend a stakeholder call to discuss USCIS processing of Ethiopian adoption cases which the U.S. Embassy in Addis Ababa is referring to USCIS as "not clearly approvable". Recently, the U.S. Embassy in Addis Ababa, Ethiopia, has identified a number of adoption petitions (Form I-600, Petition to Classify Orphan as Immediate Relative) that it has determined are not clearly approvable (NCA), and thus, must be referred to USCIS for adjudication. USCIS would like to explain what “not clearly approvable” means and how the processing of such cases will unfold once the cases are referred to USCIS.

To Participate in the Session

Any interested parties may participate in this event by telephone. All participants must respond to this invitation. Please contact the USCIS Office of Public Engagement at public.engagement@dhs.gov by Thursday, October 27, 2011 referencing “Ethiopian Adoptions” in the subject line of your email.

Please also include your full name and the organization you represent in the body of the email.

Once an RSVP email has been received, USCIS will provide you call-in details.

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

USCIS Fee Increases on Nov 23, 2010

On November 23, 2010 USCIS will increase its fees. You may find the complete announcement here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=5b33aca797e63110VgnVCM1000004718190aRCRD

Fees for I-600/600A and I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition are
increasing from $670 to $720

Fees for N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 are
increasing from $460 to $600

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

DOS: Nepal Orphan Processing Procedures

USDOS:
New Orphan Processing Procedures for Cases not Subject to the Suspension in Nepal
August 30, 2010

Summary:

In an effort to protect the interests of U.S. prospective adoptive parents who are adopting from Nepal, the U.S. Embassy in Kathmandu is implementing new procedures to ensure that the adoptive child will be eligible to immigrate to the United States BEFORE the prospective adoptive parents travel to Nepal and complete the Nepali adoption process. The procedures in this announcement apply only to prospective adoptive parents who were officially matched with Nepali children prior to August 6, 2010, and whose Form I-600, Petition to Classify an Orphan as an Immediate Relative, has not yet been adjudicated. If prospective adoptive parents whose cases meet these qualifications choose to follow the procedures outlined below, the U.S. Embassy in Kathmandu will determine whether the children for whom they are petitioning meet the definition of orphan under U.S. law – one of the requirements for approval of the Form I-600 petition and visa issuance. End summary.

Background:

United States Citizenship and Immigration Services (USCIS) and the Department of State have encountered inconsistent and unreliable documentation regarding the reported abandonment of children for adoption in Nepal. These problems led the U.S. government to suspend processing of new orphan cases involving Nepali children claimed to have been abandoned, effective August 6. However, a number of cases were already underway as of that date and are now being processed to conclusion.

On August 27, 2010, the USCIS delegated authority to the U.S. Embassy in Kathmandu to approve any Form I-600, Petition to Classify an Orphan as an Immediate Relative, on behalf of a Nepali child residing in Nepal who is and whose case is exempt from the suspension of processing announced August 6, 2010. The exemption applies to cases in which the prospective adoptive parents: 1) received an official referral letter from the Government of Nepal’s Ministry of Women, Children and Social Welfare (MOWCSW) prior to August 6, 2010, informing them of a proposed match, or 2) who seek to adopt a Nepali child who has been relinquished by known parent(s) and whose identity and relationship can be confirmed.

Prospective adoptive parents involved in a case exempt from the suspension are strongly encouraged to file their completed Form I-600 petition with the U.S. Embassy Kathmandu prior to traveling to Nepal to finalize the adoption. The Embassy will then complete the required Form I-604 Determination of Child for Adoption (sometimes referred to as the “orphan investigation”) and inform the prospective adoptive parents of the results.

Procedures:

Prospective adoptive parents who wish to participate in this program should send their completed, signed Form I-600 petition and supporting documents (other than the adoption order), including a copy of the Government of Nepal’s official referral letter dated prior to August 6, 2010, if available, through their U.S. adoption service provider to their local agency representative in Nepal. Local agency representatives may deliver Form I-600 petitions and supporting documents to the Embassy’s American Citizen Services (ACS) Unit Monday through Friday between the hours of 1:30 and 4:00 p.m. They should tell the Embassy security guard that they are coming to deliver adoption documents. All Form I-600 petitions and supporting documents (other than the adoption order) should be delivered in person by local agency representatives. Prospective adoptive parents should not mail Form I-600 petitions or supporting documents directly to the U.S. Embassy in Kathmandu.

Upon delivery of the Form I-600 petition and supporting documents, the local agency representative will be given written confirmation from the Embassy that the documents have been received. A consular officer will perform a preliminary review of the case to ensure that the Form I-600 petition has been properly completed and signed (and includes the appropriate fee, if required) and that all of the required documents have been submitted to enable the Embassy to initiate the I-604 investigation. If the petition and supporting documents are in order, the case will be added to the list of cases pending an I-604 investigation.

The MOWCSW has informed the U.S. Embassy it is willing to grant extensions on the 60 day period between the date of the authorization to travel letter and finalizing the adoptions in Nepal, to give the Embassy time to complete the required I-604 investigation. Prospective adoptive parents who have received the MOWCSW’s travel authorization letter should include a copy with the documents that their local agency representative delivers to the ACS Unit. After the Embassy confirms that the prospective adoptive parents have received an official referral letter from the MOWCSW dated prior to August 6, 2010, the Embassy will request an extension of the 60 days in writing from the MOWCSW on behalf of the prospective adoptive parents. A copy of the Embassy’s letter requesting the extension will be provided to the prospective adoptive parents by email for their records. When the Embassy receives a response from the Ministry, the Embassy will share this response with the prospective adoptive parent.

If, after completing the Form I-604 investigation of the case, the Embassy finds that the evidence establishes that the beneficiary child is an orphan under U.S. immigration law, the prospective adoptive parents will be notified in writing that they may travel to Nepal to complete their adoption.

Upon completion of the adoption, the Embassy will be able to complete the adjudication of the Form I-600. Note that the I-604 Investigation results are not the only consideration in the I-600 adjudication.

If the Form I-600 Petition is approved, further documents (such as the child’s medical report, etc.) will be required at that time for the visa interview. These documents could affect the child’s eligibility to receive an IR-3 or IR-4 immigrant visa.

Notification from the U.S. Embassy in Kathmandu to travel and complete an adoption following these procedures should therefore not be construed as a guarantee that the Form I-600 petition will be approved or that the child will be issued an immigrant visa. After their adoption is finalized, the adoptive parents or their local agency representative should submit the original adoption order and the child’s Nepali passport to the Embassy and request an immigrant visa appointment. If Embassy Kathmandu determines that the Form I-600 petition is not clearly approvable, the prospective adoptive parents will be notified in writing that the Embassy has forwarded their Form I-600 petition and supporting documents to USCIS New Delhi for further review and action.

With the exception of those families already in Nepal at the time of this announcement, USCIS and the U.S. Embassy in Kathmandu will process the Form I-600 petitions in the order that they are filed, regardless of whether the petitioner is in Nepal. If a petitioner chooses to travel to Nepal to file the Form I-600 petition after the date of this announcement, the petitioner should anticipate a lengthy stay in Nepal while the U.S. Embassy in Kathmandu conducts the required investigation and while USCIS conducts any necessary review.

Domestically Filed Form I-600 Petitions for Children from Nepal:

Effective immediately, the USCIS National Benefits Center (NBC) will forward any pending Form I-600 petitions filed domestically on behalf of children from Nepal to the National Visa Center (NVC) and notify the petitioner(s) of the transfers. In addition, any Form I-600 petition received by the NBC after August 6, 2010 will be forwarded to the NVC. Once the NVC receives a Form I-600 petition from the NBC, it will scan the documents and forward the case to the U.S. Embassy in Kathmandu for processing.

http://adoption.state.gov/news/nepal_processing_procedures.html

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

USCIS: File I-600 in Kathmandu before travel

USCIS Announces Change to Filing Location for Nepali Adoption Petitions
Update

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today announced that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing of adoption cases involving Nepali children claimed to have been found abandoned, should file the Form I 600, Petition to Classify an Orphan as an Immediate Relative, with the U.S. Embassy in Kathmandu, Nepal.

This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension.
* The first group is those who received a referral letter from the Government of Nepal’s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child.
* The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.

USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.

To file the Form I-600 petition with the U.S. Embassy in Kathmandu, prospective adoptive parents should complete and sign the Form I-600 and send the Form I-600 with all required supporting documents and evidence, other than the adoption or custody decree, to their respective local agency representatives in Nepal. The local agency representatives may then deliver the documents directly to the American Citizen Services Section of the U.S. Embassy in Kathmandu. Based on this filing, the U.S. Embassy in Kathmandu will then complete the required orphan determination before prospective adoptive parents travel to, or adopt a child in, Nepal.

Following this procedure will protect the interests of the prospective adoptive parents and the children by ensuring that the adoptive children will be eligible to immigrate to the United States before the prospective adoptive parents travel to Nepal and complete the Nepali adoption process. It is anticipated that most determinations will be completed within 90 days of receipt of the case by the U.S. Embassy in Kathmandu.

If, after completing its investigation of the case, the Embassy finds that the child qualifies as an orphan under U.S. immigration law, the prospective adoptive parents will be notified in writing that they may travel to Nepal to complete the adoption process.

For addition information about filing a Form I-600 petition at the U.S. Embassy in Kathmandu, please visit www.adoption.state.gov. Guidance for prospective adoptive parents of Nepali children is available online at http://www.uscis.gov/ .

For more information on USCIS and its adoption programs, visit http://www.uscis.gov/adoption .

From USCIS

Last updated:08/27/2010

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

UPDATE: I 600 Process for Adoptions from Russia

The following letter was sent to adoption service providers (ASP) by the US Embassy in Moscow Russia. Families who are adopting from Russia should check with their ASP to be sure that the correct process is being followed. Families adopting independently should be sure to follow the process below as well.

Wednesday, May 26, 2010 3:40 AM

From:"Moscow Consular, Russian Adoptions"

Dear Adoption Agency Representatives:

Please be sure to adhere to the following USCIS procedures for I-600 processing for your adoptive families, effective immediately:

1) Interview appointments for I-600 processing with the USCIS office MUST be made on INFOPASS. Please schedule appointments at: https://infopass.uscis.gov/info_en.php

2) Please submit ALL medical documentation about the child, including medical reports from the orphanage.

3) Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________
Date Typed Name
Address

Sincerely,
Immigrant Visa Unit
US Embassy Moscow, Russia
http://www.russian.moscow.usembassy.gov/

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

UPDATE: Russia, I600 form Change

The following email was sent to Adoption Service Providers (ASPs) this morning by the US Embassy in Moscow. Please be sure to use the correct I600 form which can be downloaded at the link below.

Dear Representatives of Adoption Agencies:

Please be advised that you must use the new I-600 as of June 2^nd. The old version will no longer be accepted by USCIS. You may find this form on the USCIS website, at http://www.uscis.gov/files/form/i-600.pdf

Sincerely,
Immigrant Visa Unit
US Embassy Moscow, Russia
http://www.russian.moscow.usembassy.gov/

This email is UNCLASSIFIED.

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

UPDATE: USCIS Centralizes I 600 A/ I 600 Processing

USCIS Centralizes Processing of Orphan Adoptions Change will Streamline Processing

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced that on April 1, 2010, it is centralizing processing and adjudication of all new orphan (Non-Hague) petitions with the agency’s specialized adoptions team in Missouri.

Prospective adoptive parents will continue to file their Petition to Classify Orphan as an Immediate Relative (Form I 600) and Application for Advance Processing of Orphan Petition (Form I 600A) with USCIS’ Dallas Lockbox facility. The Lockbox will forward the case to the Orphan Unit at USCIS' National Benefit Center (NBC) for processing and adjudication. The applicant will receive a receipt notice with the NBC address and contact information for follow-up correspondence.

While this takes place behind the scenes, adoptive parents will benefit because it allows USCIS to:

• Process applications and petitions more efficiently,
• Streamline and standardize work processes, and
• Offer more consistent service.

Parents will also benefit from the specialized skills and experience of the NBC Non-Hague Adoption Unit, based on the NBC’s implementation of the USCIS Hague Adoption Convention program in 2008.

USCIS has dedicated a toll-free NBC Adoption telephone line, 1-877-424-8374 and published an Orphan Home Study Tip sheet (Form M-760) to aid adoption service providers and prospective adoptive parents.

Local USCIS field offices in the United States will continue to accept requests for extensions and change of circumstances for approved Form I-600A applications in accordance with the current filing instructions. Overseas U.S. citizens may continue to file Form I-600 at a U.S. Embassy, consulate or USCIS office abroad that has jurisdiction to accept the petition. However, in order to file a Form I-600 petition abroad, the petitioner must have an approved Form I-600A and be physically present in the adoptive child’s country.

Prospective parents who reside abroad may continue to file the Form I-600A with an overseas USCIS office or the Dallas Lockbox facility.

For more information on orphan adoptions visit: http://www.uscis.gov/adoptions.

Last updated:03/16/2010

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

Ethiopia Adoption Notice
U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues
--------------------------------------------------------------------------------

Adoption Processing at the U.S. Embassy in Addis Ababa

October 15, 2009


Taking into consideration recent allegations of misconduct in intercountry adoptions in Ethiopia the Department of State would like to remind adoptive parents that before an immigrant visa may be issued to an adopted child, a U.S. consular officer must ensure that the adoption is legal under Ethiopian law and that the child is qualified under U.S. immigration law to immigrate to the United States.

The Department of State reminds adoptive parents that consular officers are required by law to conduct an orphan investigation (I-604) to verify the child's orphan status prior to the issuance of an IR-3 or IR-4 immigrant visa. Depending on the circumstances of a case, this investigation may take up to several months to complete. Adoptive parents should therefore carefully consider whether to file their Form I-600 Petition to Classify an Orphan as an Immediate Relative at the USCIS district office closest to their place of residence in the U.S. or at Embassy Addis Ababa, and are urged to work with their adoption service provider to confirm the status of their case before traveling to Ethiopia.

Prospective adoptive parents and their adoption service providers should also be aware that on March 23, 2009 the U.S. Embassy began implementing the Centers for Disease Control’s (CDC’s) 2007 Tuberculosis Technical Instructions (TB TIs) for screening and treating tuberculosis for all immigrant visa applicants, including adopted children. Children who are found to have active TB will be required to submit to six months of Directly Observed Therapy (DOT) provided at the clinic of IOM in Addis Ababa, or obtain a waiver from the Department of Homeland Security (DHS), after review by the CDC, in order to travel to the U.S. An addendum to this new procedure was implemented on October 1, 2009 for all children under 10 years of age. You may obtain full information on the addendum by clicking on the following link: http://www.cdc.gov/ncidod/dq/panel-2007-addendum-ti-tb.html. For the vast majority of children, implementation of these new requirements will cause no significant delay in the processing of their cases.

Furthermore, children determined to have a Class A medical condition, such as HIV (as diagnosed by the Embassy’s designated panel physician), will be required to have an approved waiver from the DHS, United States Citizenship and Immigration Services (USCIS) before an immigrant visa can be issued.

All prospective adoptive parents are strongly urged to work with an adoption service provider instead of arranging a direct adoption through an orphanage or family member. The Embassy's Adoptions Unit can be reached at adoptionsaddis@state.gov.

Please continue to monitor http://adoption.state.gov/ for updated information as it becomes available.

---

http://adoption.state.gov/news/ethiopia.htm

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

IMPORTANT UPDATE: USCIS I 600 and I 600a Processing

The USCIS sent out the following news release on October 6, 2009:

USCIS Update: Change of Filing Location for Form I-600 and I 600A

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a new address for prospective adoptive parents to submit Form I 600, Petition to Classify Orphan as an Immediate Relative, and Form I 600A, Application for Advance Processing of Orphan Petition. While the change takes affect today, applicants have a 30-day transistion period before USCIS will return incorrectly filed petitions.

Applicants were previously required to file at a local USCIS field office. The Direct Mail Program allows USCIS to process applications more efficiently by eliminating duplicative work, and maximizing staff productivity.

Beginning today, applicants in the United States, who are filing to adopt an orphan, must submit Forms I 600, I 600A, and all supporting documents and fees to the following address:

Regular Mail:

USCIS
P.O. Box 299027
Lewisville, TX 75029


Express Mail and Courier Service deliveries:

USCIS
ATTN: Hague
2501 S. State Hwy. 121 Business, Suite 400
Lewisville, TX 75067


USCIS will forward incorrectly-filed Forms I-600A and I-600, application fees and supporting documents to the Lewisville, Texas facility for the 30 days, until Friday November 6, 2009. Forwarded applications will be considered properly filed when received at the Lewisville, Texas facility.

Beginning Monday November 9, USCIS will return to the applicant any Form I 600 or I 600A, and supporting documents, incorrectly submitted to a USCIS office in the United States. The applicant will be instructed to mail the application to the Lewisville, Texas address. However, applicants may continue to file extensions of approved Forms I-600A at their local USCIS field office. More information is availible on the revised form instructions.

Prospective adoptive parents, who reside abroad, may continue to file the Form I-600A with a USCIS international office, or they may send the petition to the Lewisville, Texas address if they have an address in the United States they plan to return to.

U.S. citizens outside the United States may continue to file the Form I-600 at a U.S. Embassy, U.S. Consulate or USCIS office abroad that has jurisdiction to accept the petition. However, in order to file a Form I-600 petition abroad, the petitioner must have an approved Form I-600A and be physically present in the country where they are filing.

The I-600A and I-600 form instructions have been updated to reflect the new filing locations. They are be available under the "Forms" section. The forms are also available by calling the National Customer Service Center at 1-800-375-5283.

For more information on USCIS and its programs, visit www.uscis.gov.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0179ac5df6b24210VgnVCM100000082ca60aRCRD&vgnextchannel=8d5e901bf9873210VgnVCM100000082ca60aRCRD

Tiny URL: http://tiny.cc/TtlTe

PEAR has contacted USCIS to confirm the address for Express Mail and Courier Service Deliveries being labeled "ATTN: Hague". We will update when we receive an answer.

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

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.