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

---

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/

UPDATE: Call to Action Vietnam - USCIS Warning

UPDATE: Call to Action Vietnam

On Friday, April 25, 2008, the US Embassy in Hanoi took the unprecedented step of releasing a detailed "Summary of Irregularities in Adoptions in Vietnam" about the adoption corruption their recent investigations uncovered in Vietnam. The text of this summary can be found at: http://vietnam.usembassy.gov/irreg_adoptions042508.html

This summary followed an earlier warning not initiate adoptions from Vietnam, which can be found at:
http://vietnam.usembassy.gov/adoption_warning0408.html

In it, the Embassy stated: "On April 25, the Government of Vietnam announced that it will allow adoption to be completed in cases where prospective adoptive parents have been matched with a child and received an official referral prior to September 1, 2008". It further stated that in accordance with Vietnamese law, "the DIA will suspend the acceptance of new dossiers on July 1, 2008. On September 1, 2008 any dossier that has not received a referral will be closed and returned to the Adoption Service Provider. In view of the processing time required in Vietnam from placement to the Giving and Receiving Ceremony, an adoption process begun now cannot be completed before the current Agreement expires."

In news articles widely disseminated on the Internet, DIA angrily denied the charges and stated that the MOU (Memo of Understanding) governing adoptions between the US and Vietnam would not be renewed.

Parents for Ethical Adoption Reform (PEAR) sympathizes with all families caught up in this situation: prospective adoptive parents (PAPs), adoptive parents, birth parents, and children. We know that this news is extremely disturbing to parents waiting to adopt, as well as to adoptive parents (APs) of Vietnamese children, who must now wonder if their children's adoptions had been free from corruption. This is a tragedy effectively ending the adoption dreams of many PAPs, while affecting the future of the legitimate orphans awaiting these families. It particularly puts ongoing humanitarian aid from adoption agencies (ASPs)
to these desperately needy orphanages at risk. It is a position no person should ever have been placed in.

We also wish to support the efforts of the US Embassy in Hanoi, particularly the Adoptive Children Immigrant Visa Unit, who have worked tirelessly for many months, and amid mounting criticism from many PAPs angry at delays affecting their paperwork, to uncover the ongoing corruption that has been presented in damning, incontrovertible detail. Given this report, there can be no doubt about the serious flaws in the adoption process in Vietnam. Adoptions from Vietnam can no longer be defended as free from potential corruption, and they need to cease. A great deal of work on the part of both countries must be undergone before there is any talk of entering into a new agreement.

However, given the lack of transparency; the failure of DIA to adhere to several of the most salient points of the MOU; the licensing by DIA of many agencies known to have engaged in corrupt practices before the first shutdown; the anger engendered by the Department of State's investigations in different Vietnamese provinces; and the staunch denial of wrongdoing by these ASPs (and their clients) who knowingly tried to hide their trafficking, PEAR is not surprised that Vietnam adoptions to the US will cease.

As a result, PEAR believes it is time for PAPs who will no longer be able to adopt from Vietnam, as well as APs who now may have reason to doubt the legitimacy of their child's adoption, to unite. By uniting, we can better demand reform from agencies that have behaved with little government oversight and regulation for far too long.

We suggest the following course of action:

A. For PAPs:
1. Contact your ASP immediately to ask how to proceed with your case.
2. Contact PEAR with any concerns or questions you may have about the proposed procedures from your agency.
3. Contact the US Department of State and or the US Embassy in Hanoi with any suspected illegal or unethical behavior on the part of any ASP.
4. Demand that the DOS dislcose and take legal action against the ASPs that have committed outright illegal and unethical acts in Vietnam.
5. Keep meticulous records of contacts and information provided by your agency. You may have grounds for legal action against the ASP - be prepared with good records.
6. Do not be afraid to speak out. Do not be afraid to demand answers.
7. Consider joining us at PEAR and assisting in our work.
8. Consider donating to legitimate humanitarian aid programs supporting Vietnamese orphanages.

B. For APs who suspect that their completed adoption
may have been unethical and/or illegal:
1. Prepare to take legal action. Review your paperwork, contact your agency, the DOS and the Embassy and request information and assistance in verifying your child's identity and paperwork. Keep meticulous records of contacts and information provided by your agency.
2. Consider an investigation into the adoption through the use of a searcher. PEAR is currently compiling a list of expereinced searchers in Vietnam.
3. Report your concerns and suspicions to PEAR, DOS and the US Embassy in Hanoi. PEAR will be compiling lists of clients according to ASP and province in order to provide families with connections and resources.
4. Consult an attorney who specializes in adoption fraud. PEAR is currently compiling a list of experienced attorneys who may be willing to assist you.
5. Demand that DOS disclose and take legal action against ASPs found to be participating outright in illegal practices.
6. Do not be afraid to speak out. Do not be afraid to demand answers.
7. Consider joining us at PEAR and assisting in our work.
8. Consider donating to legitimate humanitiarian aid programs supporting Vietnamese orphanages.

C. For ASPs working in Vietnam
1. We ask that all ASPs suspend submitting new dossiers at this time, unless they have been assured by the Department of State and DIA that there will be official referrals prior to July 1.
2. We also ask that agencies contact us with their plans and their projected needs for assisting their clients who do not have referrals by July 1.
3. We are calling on all Vietnam ASPs with support of the JCICS to act in a manner that respects the emotional and financial hardship PAPs will be experiencing, and to work in a cooperative manner to find solutions for all families effected by the
pending closure. To assist in this we suggest:
- An effort from all 42 ASPs working in Vietnam to transfer Vietnam dossiers to other country programs within the agency
with minimal financial hardship to families.
- A cooperative effort by the 42 ASPs, with the support of JCICS, in the creation of an inter-agency transfer of dossiers to
other open programs for a minor fee if the original agency does not have other viable options, such as working in
countries other than Vietnam.
4. We ask all APSs currently working in Vietnam to continue with their humanitarian efforts in the provinces and orphanages
with which they work. PEAR will assist in getting the word out to the public concerning legitimate humanitarian aid programs in Vietnam orphanages.

D. For everyone concerned with providing ethical
adoptions in all countries:
1. Write to the DOS and the US Embassy in Hanoi and request the disclosure of ASPs engaged in corrupt activities. While the US Embassy in Hanoi may not be permitted to name the ASPs described in their "Summary of Irregularities"�, we hope they will name the provinces investigated, which will make it easier to identify these ASPs, and for their clients to consider how to respond. The culture of secrecy has permeated the entire international adoption industry, but without naming suspect ASPs, no action can be taken against them.
2. Consider joining us at PEAR and assisting in our work.

Contacts:
US Department of State:
Gerry W. Fuller,
Intercountry Adoptions
202-663-2928
FullerGW@state.gov

US Embassy, Hanoi:
U.S. Embassy Hanoi
Rose Garden Tower
170 Ngoc Khanh St.
Tel: (84-4) 850-5100
Fax: (84-4) 850-5145/850-5026
Email: hanoiadoptions@state.gov

PEAR:
Parents for Ethical Adoption Reform
526 N. President Ave.
Lancaster, PA 17603
reform@pear-now.org

To join PEAR, please visit our website,
www.pear-now.org, and download a member application form. Membership is $20 annually. Completed
applications and payment should be sent to:

Parents for Ethical Adoption Reform
1455 Stoney Creek Drive
Charlottesville, VA 22902