June 4, 2014
Invitation to follow-up Conference Call regarding the Exit Permit Suspension in the Democratic Republic of the Congo (DRC)
The Department of State invites adoptive families and prospective adoptive families to participate in a conference call Wednesday, June 11 from 10am-11:30am EST to address families’ concerns regarding the DRC exit permit suspension.
The call is being held in response to families’ requests for additional time following our May 16 call. We will also address what we have learned to date regarding the latest developments reported in our May 27 adoption notice. There will be brief remarks regarding developments followed by a question and answer period.
If you would like to send your questions ahead of the call, please send them toExitPermitSuspensionDRC@state.
Conference Call Information:
Wednesday, June 11, 2014
10:00am EST – 11:30am EST
Calling from the United States: (800) 288-8967
Calling from Overseas: (612) 288-0340
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Showing posts with label US State Department. Show all posts
Showing posts with label US State Department. Show all posts
December 6, 2013
This notice from the U.S. Department of State and U.S. Citizenship and Immigration Services is to provide information from the initial transition into the Pre-Adoption Immigration Review (PAIR) program in Ethiopia and address some frequently asked questions from prospective adoptive parents and adoption service providers.
On August 30, 2013, the Department of State published an adoption notice detailing the three categories of cases that would be considered to be pre-PAIR cases by the Ethiopian Ministry of Women, Children, and Youth Affairs (MOWCYA). These cases are not subject to the PAIR requirements. MOWCYA provided the U.S. Embassy in Addis Ababa a list of specific cases that are considered pre-PAIR. MOWCYA will require a PAIR letter from any case not on this list. If you are unsure if your case is considered pre-PAIR, you can contact the U.S. Embassy in Addis Ababa (consadoptionaddis@state.gov) or the Office of Children’s Issues (askCI@state.gov) to verify whether your case is subject to PAIR requirements.
FFIC Hearing Dates before the PAIR Determination
Cases submitted to the Federal First Instance Court (FFIC) after the September 1, 2013 implementation of the PAIR are subject to the PAIR requirements. Some cases which were submitted shortly after the implementation date may have received preliminary court hearing dates, despite not having a PAIR letter. Families in this situation may wish to request a later hearing date from the FFIC or withdraw their petition to the FFIC until the PAIR process is completed. Because the FFIC accepts the filing, schedules a preliminary hearing, and then forwards the filing to MOWCYA in order to prepare the best interest recommendation for the preliminary hearing, the PAIR letter needs to be included with the FFIC filing in order to facilitate that process. It is our understanding that if MOWCYA receives a filing that is subject to the PAIR requirements but does not have a PAIR letter, they will present an unfavorable recommendation to the FFIC due to the lack of the PAIR letter. While the FFIC does have final discretion in the issuance of an adoption decree, it is our understanding they generally do not issue decrees over an unfavorable recommendation from MOWCYA.
Pre-PAIR Cases
Families whose adoptions are confirmed as pre-PAIR cases but who have chosen to go through PAIR processing can do so without concern for the timing of the PAIR letter with relation to the court process. MOWCYA will not be looking for PAIR letters in these cases. Once the court process is complete and the PAIR letter is issued, these families should follow the instructions for PAIR filings on submitting the final decree to the U.S. Embassy in Addis Ababa. They should be sure to include the PAIR letter in this submission. PAIR letters for confirmed pre-PAIR cases will not need to be authenticated because these PAIR letters will not be submitted to any Ethiopian government offices.
Order of case processing
PAIR filings and resulting Form I-604 investigations will be processed as expeditiously as possible in the order they are received. As with all adoption related immigration processing, the timeframe for completion of PAIR processing varies greatly based on the circumstances of each case. Families adopting multiple children should note that PAIR processing may be completed sooner for some of the children than others. Families in this situation are encouraged to consider this timing issue carefully as they plan both their submission to the FFIC and subsequent travel for court hearings.
Authentication Fees
Families have requested information regarding the fees for authentication of the PAIR letter for use in Ethiopia. Instructions for requesting authentications from the Department of State can be found on the Office of Authentications webpage. The fee for authenticating PAIR letters is $8 per document (as of the notice date). Please consult the Authentications webpage for the most recent fee information. Instructions for requesting authentications from the Embassy of Ethiopia to the United States in Washington, D.C. can be found on its website. The current service fee for authentications of U.S. documents for use in Ethiopia is $94.80 for U.S. citizens and other non-Ethiopian nationals. Please contact the Embassy of Ethiopia to the United States to confirm the latest fee information.
Communication
If you would like the Department of State or USCIS to contact you by e-mail during PAIR processing, please provide your email address with your PAIR filing. Further, if you wish for either the Department of State or USCIS to communicate directly with your adoption service provider or agency, a privacy waiver must be submitted with your PAIR filing.
This information will also be added to the Ethiopia country specific information on adoption.state.gov and the USCIS country information webpage for Ethiopia in the coming weeks.
Reminder of Kenyan prohibition against pre-selection of prospective adoptees
The Kenyan Adoption Committee has requested that the United States government remind adoption service providers and prospective adoptive parents of Kenya’s strict prohibition against pre-selection of children by prospective adoptive parents. The Kenyan National Adoption Committee, Kenya’s Central Authority under the Hague Adoption Convention, is likely to reject dossiers and/or referrals for families that have pre-selected a child or have had prior contact of any kind with a specific child, the child’s guardian, or individuals with power to determine a child’s eligibility or placement for adoption. This could include, but would not be limited to, contact through mission trips, volunteering at orphanages, or other relationships with the prospective adoptee. The sole exception to this prohibition is when a prospective adoptive parent can prove a blood relationship with a prospective adoptee.
The U.S. Intercountry Adoption Act, which implements the Hague Adoption Convention in the United States, and the Department of Homeland Security’s Interim Hague regulations require disclosure in the home study of any information relevant to the prospective adoptive parents’ eligibility to adopt under the specific requirements of the child’s country of origin (See 8 CFR 204.311(q)). Prior contact between prospective adoptive parents or any additional adult member of the household and a Kenyan child’s parents, custodian or other individuals or entity responsible for the child’s care may be grounds for denial of the Form I-800 (See 8 CFR 204.309(b)(2)).
Adoption service providers and prospective adoptive parents who wish to know more about intercountry adoptions from Kenya can visit the Department of State’s page on adopting from Kenya and the U.S. Embassy in Nairobi’s website for more information.
The U.S. Intercountry Adoption Act, which implements the Hague Adoption Convention in the United States, and the Department of Homeland Security’s Interim Hague regulations require disclosure in the home study of any information relevant to the prospective adoptive parents’ eligibility to adopt under the specific requirements of the child’s country of origin (See 8 CFR 204.311(q)). Prior contact between prospective adoptive parents or any additional adult member of the household and a Kenyan child’s parents, custodian or other individuals or entity responsible for the child’s care may be grounds for denial of the Form I-800 (See 8 CFR 204.309(b)(2)).
Adoption service providers and prospective adoptive parents who wish to know more about intercountry adoptions from Kenya can visit the Department of State’s page on adopting from Kenya and the U.S. Embassy in Nairobi’s website for more information.
Alert: Democratic Republic of the Congo Immigration Authorities Announce Limited Exceptions to Exit Permit Suspension
This notice updates the Department of State's September 27 adoption alert regarding the suspension of issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.
On October 3, the Congolese Ministry of Interior and Security, General Direction of Migration (Direction Generale d’Immigration, DGM) informed the U.S. Embassy in Kinshasa that it will issue exit permits to adopted Congolese children who received immigrant visas for travel to the United States before the September 25, 2013, suspension effective date. Adoptive parents whose Congolese children received U.S. immigrant visas before September 25 must apply in person to the DGM’s Administrative Secretary for the exit permits. Please note there is no fee for the service, and the DGM usually takes a minimum of seven days to process each request for an exit permit for an adopted Congolese child to depart the country with his/her adoptive parents. The DGM Administrative Secretary may be reached at:
Mr. Albert Luyinu, Administrative Secretary
Direction Generale d’Immigration
65, Boulevard du 30 juin,
Commune de la Gombe
Ville de Kinshasa, R.D.Congo
The DGM further clarified that it will not issue exit permits for children adopted in the Democratic Republic of the Congo who received, or will receive, immigrant visas on or after September 25 until the DGM lifts the suspension. The suspension of exit permit issuances 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 adopted Congolese children to travel to the United States.
Please direct questions related to this alert or a specific adoption from the Democratic Republic of the Congo to the Department of State, Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AskCI@state.gov. We will also post new information as it becomes available on www.adoption.state.gov.
This notice updates the Department of State's September 27 adoption alert regarding the suspension of issuance of exit permits to adopted Congolese children seeking to depart the country with their adoptive parents.
On October 3, the Congolese Ministry of Interior and Security, General Direction of Migration (Direction Generale d’Immigration, DGM) informed the U.S. Embassy in Kinshasa that it will issue exit permits to adopted Congolese children who received immigrant visas for travel to the United States before the September 25, 2013, suspension effective date. Adoptive parents whose Congolese children received U.S. immigrant visas before September 25 must apply in person to the DGM’s Administrative Secretary for the exit permits. Please note there is no fee for the service, and the DGM usually takes a minimum of seven days to process each request for an exit permit for an adopted Congolese child to depart the country with his/her adoptive parents. The DGM Administrative Secretary may be reached at:
Mr. Albert Luyinu, Administrative Secretary
Direction Generale d’Immigration
65, Boulevard du 30 juin,
Commune de la Gombe
Ville de Kinshasa, R.D.Congo
The DGM further clarified that it will not issue exit permits for children adopted in the Democratic Republic of the Congo who received, or will receive, immigrant visas on or after September 25 until the DGM lifts the suspension. The suspension of exit permit issuances 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 adopted Congolese children to travel to the United States.
Please direct questions related to this alert or a specific adoption from the Democratic Republic of the Congo to the Department of State, Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AskCI@state.gov. We will also post new information as it becomes available on www.adoption.state.gov.
The Dept of State, Office of Children’s Issues has issued the following alert regarding adoptions from Ghana.
The Government of Ghana has temporarily suspended processing of all adoption cases, including intercountry adoptions, pending Ghana’s review of its current adoption procedures. The U.S. Embassy in Accra is seeking further clarification of the scope and duration of this temporary suspension by the Government of Ghana and how this suspension may effect pending adoptions. The U.S. Embassy will continue processing adoption cases already approved by Ghanaian authorities.The Department of State will continue providing updated information on adoption.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.
The Government of Ghana has temporarily suspended processing of all adoption cases, including intercountry adoptions, pending Ghana’s review of its current adoption procedures. The U.S. Embassy in Accra is seeking further clarification of the scope and duration of this temporary suspension by the Government of Ghana and how this suspension may effect pending adoptions. The U.S. Embassy will continue processing adoption cases already approved by Ghanaian authorities.The Department of State will continue providing updated information on adoption.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.
December 26, 2012
The Department of State continues to follow developments in Russia related to Federal Law No. 186614-6 and remains actively engaged in discussions with the Russian government regarding concerns that, if signed into law, this legislation will needlessly remove the opportunity for hundreds of Russian orphans to join loving families each year. The Federation Council (the upper house of the Russian Parliament) approved the legislation in a unanimous vote on December 26 and it will now go to President Vladimir Putin for signature or veto. The Department of State has not received any notice that adoptions to the United States are suspended, and both the Department of State and U.S. Citizenship and Immigration Services continue to work closely with Russian authorities on intercountry adoption issues as set forth in the U.S.-Russia adoption agreement.
U.S. families currently in the process of adopting a child from Russia are encouraged to reach out to the Department of State at AskCI@state.gov to provide information regarding where they are in the adoption process. We encourage families to use the subject line “Intercountry adoption in Russia – family update.” We will seek to provide information directly to families that contact our office through email as it becomes available. Information regarding the passage of any legislation that affects U.S. citizens who are in the process of adopting a child from Russia will also be posted on adoption.state.gov.
U.S. families currently in the process of adopting a child from Russia are encouraged to reach out to the Department of State at AskCI@state.gov to provide information regarding where they are in the adoption process. We encourage families to use the subject line “Intercountry adoption in Russia – family update.” We will seek to provide information directly to families that contact our office through email as it becomes available. Information regarding the passage of any legislation that affects U.S. citizens who are in the process of adopting a child from Russia will also be posted on adoption.state.gov.
Department of State (DOS) announced today that the Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of Children will enter into force on Nov. 1, 2012.
Both
U.S. Citizenship and Immigration Services (USCIS) and DOS work to
promote a safe, ethical, and transparent adoption process for
prospective adoptive parents, birth families, and children involved in
intercountry adoptions. This Agreement will enhance the safeguards and
protections for all involved in adoptions between the United States and
the Russian Federation.
The Agreement’s entry into
force on Nov. 1, 2012, will begin a period of transition from the
procedures in place before the Agreement to the new procedures called
for in the Agreement. Not all of the provisions of the Agreement will
take effect immediately on Nov. 1. We anticipate that the transition
period will take six to nine months to complete. Most cases already in
progress as of Nov. 1 will be able continue under the old procedures.
However, it will be important to monitor and track the effective dates
of various provisions in the Agreement to ensure that cases are in
compliance with all the requirements throughout the transition period.
USCIS and DOS will be conducting regular outreach in the coming months
to ensure that new guidance and information is available.
The full text of the Agreement and an updated Frequently Asked Questions can be found online at http://adoption.state.gov. Additional information and guidance will be posted on the USCIS website in the future. Please visit www.uscis.gov/adoption and www.adoption.state.gov regularly for the most up-to-date information.
Notice: Federation Council approves the Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of Children
On July 18, 2012, the Federation Council, the upper house of the
Russian Parliament, approved the bilateral adoption agreement signed by
Secretary of State Hillary Clinton and Russian Foreign Minister Sergey
Lavrov on
July 13, 2011. This followed the Russian Duma’s approval of the
Agreement on July 10, 2012. Both of these actions mark a significant
milestone toward the entry into force of the Agreement, which will
provide additional safeguards to better protect the welfare and
interests of children and all parties involved in intercountry
adoptions. To find out more about the agreement, please visit the U.S. Department of State's FAQs and the U.S. Citizenship and Immigration Services (USCIS) FAQs on the agreement and its implementation.
The Agreement will now be sent to President Putin. Following
President Putin’s signature, the parties will need to establish
procedures to implement the Agreement, which we are committed to doing
as expeditiously as possible. Following the establishment of these
procedures, the Agreement will enter into force upon the exchange of
notes between the U.S. and Russian governments. The Department of
State and USCIS will provide guidance on their websites related to the
Agreement. Please monitor adoption.state.gov and uscis.gov for more information.
Notice: The Hague Adoption Convention Enters into Force for Rwanda
On July 1, 2012 the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (Convention) entered into force for Rwanda. However, the Government of Rwanda has notified the U.S. Embassy in Kigali that the current suspension on intercountry adoptions will remain in effect until the country has a fully functional Convention process in place. The Government of Rwanda believes implementation will take several months.
We caution adoption service providers and prospective adoptive parents that important steps to ensure intercountry adoptions from Rwanda comply with the Convention must take place before intercountry adoptions between the United States and Rwanda resume. Adoption service providers should neither initiate nor claim to initiate adoption programs in Rwanda until the Department of State notifies them that the Government of Rwanda has lifted its suspension on intercountry adoptions and that Rwanda’s procedures meet the requirements of the Convention.
The Department of State will provide updated information on adoption.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.
Guatemala
May 14, 2012
Notice: Guatemala Update
This Adoption Notice is a follow up to the Notice of December 12, 2011.
Universal List
May 14, 2012
Notice: Guatemala Update
This Adoption Notice is a follow up to the Notice of December 12, 2011.
Universal List
In March 2012, after months of meetings to gather information, U.S. officials presented a list of known pending cases to Guatemalan officials. This list is a compellation of USCIS records of all properly grandfathered Form I-600A applications and pending Form I-600s filed by U.S. citizens on behalf of Guatemalan children, and lists provided by each of the adoption processing entities in Guatemala. This “Universal List” reflects all known Guatemalan records of pending cases involving U.S. citizen prospective adoptive parents. The goal is a consistent and universally agreed upon list of cases for both U.S. and Guatemalan officials to work from, allowing officials to focus on the necessary steps to bring each of the transition cases to resolution. The initial response has been positive, with all Guatemalan agencies agreeing to work from this Universal List.
Senator Mary Landrieu and Representative Karen Bass Led Delegation to Guatemala April 10-14, 2012
Senator Mary Landrieu and Representative Karen Bass led a congressional delegation to Guatemala April 10 -14, 2012. USCIS Director Alejandro Mayorkas traveled with the delegation along with the Office of Children’s Issues Guatemala Adoption Officer. The delegation attended meetings with President Otto Perez Molina, Vice President Roxana Baldetti, Foreign Minister Harold Caballeros, the Attorney General, the Ministerio Publico (MP), the Comisión Internacional Contra la Impunidad en Guatemala (CICIG), the ProcuradurÃa General de la Nación (PGN), the National Adoption Council (CNA), UNICEF, and Ministry of Social Development.
Senator Landrieu provided all of the above officials with a copy of the Universal List of cases. Senator Landrieu urged Guatemalan officials to resolve all of the pending cases by the end of 2012, and to move forward with adoptions involving U.S. prospective adoptive parents where there is no evidence that the child was taken fraudulently from his or her birth family. USCIS Director Mayorkas offered to return to Guatemala to learn more about the Guatemalan adoption investigation process and to encourage Guatemalan authorities to continue to complete cases. President Perez-Molina expressed his hope that the pending cases will be resolved within the next 6 to 12 months, and all other Guatemalan authorities -- as well as CICIG -- generally agreed that the pending transition adoption cases should be resolved as soon as possible in the best interests of the children, but also stated that a lack of resources is a potential obstacle to resolution. Guatemalan authorities noted the possibility that some of the notario cases may not be able to proceed as notario cases when the investigation reveals that the case does not fall within the parameters of the relevant law. However, they also advised that in these cases, if a judge makes a finding of adoptability for the child, such a case may be considered eligible under the CNA Acuerdo process.
Update on possible legislative solution
In February 2012, Guatemala’s Foreign Minister Harold Caballeros travelled to Washington, D.C. and met with U.S. Secretary of State Hilary Clinton, Special Advisor for Children’s Issues Susan Jacobs, as well as congressional leaders and adoption stakeholders. The new Perez-Molina Administration announced that they would have a plan to resolve the pending transition cases by June, and suggested that the Guatemalan Administration was looking at a legislative solution.
In April, Foreign Minister Caballeros informed the congressional delegation and Embassy officials that the Guatemalan administration did not believe it was necessary to pursue a legislative solution, and that the pending transition cases could be resolved within the existing framework.
CNA Acuerdo Update
In December 2011, the CNA confirmed the details of a processing plan for a limited group of pending adoption cases already under CNA processing authority. Please refer to our adoption notices from December 13, 2011 and September 27, 2011 for more background.
To date, the CNA has initiated only five cases under the Acuerdo process, out of 22 that it has identified as currently eligible. This is less than the number of cases that the CNA represented would be in progress by this time. Embassy officials continue to meet frequently with the CNA to identify and address causes for delay and to urge the CNA to initiate all of those cases that are eligible to proceed.
The U.S. Embassy in Guatemala City submitted a formal request to the Guatemalan government in early May 2012 for extension of the Acuerdo beyond the current August 2012 expiration date to ensure continued processing of adoptions. The Guatemalan government has not responded. Embassy officials continue to press for the extension.
Adoptions in Acuerdo Process
Progress has been slow on those cases that have been initiated and submitted to the CNA by the U.S. Embassy under the Acuerdo process. After its review of the first case, the CNA requested supplemental documents in addition to those required documents confirmed in writing by the CNA in December 2011. Embassy officials responded urging the CNA to abide by their original documentary requirements. We will provide updates when they are available.
Note: Only the CNA can determine whether cases are eligible under the CNA process. The Office of Children’s Issues, USCIS, and the U.S. Embassy can only advise on whether or not the CNA has initiated the case, and if so, what documents the CNA requires. The Office of Children’s Issues can also provide general information on the CNA process.
Working Group Update
Although the working group (known as the “mesa tecnica” in Spanish) is reportedly continuing to meet on a weekly basis to investigate and move cases closer to resolution, this has not translated into significant numbers of cases moving to final adoption. The U.S. Embassy continues to communicate on a regular basis with each institution that participates in the working group on a regular basis, but the working group itself refuses to provide a comprehensive status update for those cases already reviewed.
Other News
Between June 2011 and April 2012, the PGN informed the U.S. Embassy of approximately 40 children no longer available for adoption because the child was either reunited with the biological family or placed in domestic adoption. Upon receiving written confirmation of this from the Guatemalan government, USCIS informed the U.S. families associated with those cases.
Visas statistics
From July 1, 2011 until December 31, 2011 the U.S. Embassy issued eight (8) IR3 adoption visas. From January 1, 2012 to May 1, 2012, the U.S. Embassy has issued only one (1) IR3 adoption visa. These visa statistics represent only the cases which have completed ALL processing steps with Guatemalan authorities, USCIS Guatemala, and the Consular Section of the U.S. Embassy.
Adoption Notice: Kazakhstan Adoptions from Kazakhstan to Begin With Approval of U.S. ASPs May 10, 2012
The Ministry of Education and Science, the Central Authority of Kazakhstan, has confirmed approval of two U.S. accredited adoption service providers (ASPs) to process Hague Convention adoptions from Kazakhstan to the United States.
The ASPs are: Little Miracles and Across the World Adoptions. Approval of ASPs was the final step needed for Kazakhstan to complete its implementation of the Hague Adoption Convention.
Each of the U.S. ASPs approved by the Government of Kazakhstan may begin accepting applications for adoptions under the new procedures on its date of authorization. The U.S. Department of State is pleased to have the opportunity to work with Kazakhstan as a Hague Adoption Convention partner and to complete Convention intercountry adoptions of eligible children from Kazakhstan by qualified adoptive parents in the United States.
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Go to: Little Miracles Interrnational's Kazakhstan program
The ASPs are: Little Miracles and Across the World Adoptions. Approval of ASPs was the final step needed for Kazakhstan to complete its implementation of the Hague Adoption Convention.
Each of the U.S. ASPs approved by the Government of Kazakhstan may begin accepting applications for adoptions under the new procedures on its date of authorization. The U.S. Department of State is pleased to have the opportunity to work with Kazakhstan as a Hague Adoption Convention partner and to complete Convention intercountry adoptions of eligible children from Kazakhstan by qualified adoptive parents in the United States.
~~~~~~~~~
Go to: Little Miracles Interrnational's Kazakhstan program
Alert: Temporary Suspension of New Adoption Cases 5/4/12
Haiti's adoption authority, l'Institut du Bien Être Social et de Recherches (IBESR), informed U.S. Embassy Port-au-Prince that it will suspend processing of new adoption cases effective May 7, 2012.
IBESR indicated that the suspension will enable it to expedite processing on its backlog of pending cases and begin internal restructuring to bring it closer to international standards. The U.S. Embassy has been assured the suspension is temporary and that IBESR will continue to process all cases that are filed before May 7.
If you have questions about the status of your adoption case, please work closely with your adoption agency or facilitator. Please refer to State Department website at for updates on the temporary suspension.
New Adoption Law in Effect
April 11, 2012
The Romanian Office for Adoptions announced that its new adoption law went into effect on April 7, 2012. The new law allows for intercountry adoptions of Romanian children by relatives of the fourth degree of kinship, the spouse of the child’s natural parent, and Romanian citizens who are habitually resident abroad.
Please be aware that the U.S. law implementing the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention), the Intercountry Adoption Act of 2000 (IAA), requires prospective adoptive parents to be U.S. citizens in order to be eligible to apply for intercountry adoption using U.S. procedures. This means that Romanian citizens legally residing in the United States will be able to adopt from Romania only if they or their spouses are also U.S. citizens.
Moreover, the U.S. Hague Adoption Convention accreditation regulations (22 CFR 96) provide that in each Convention adoption case, an accredited agency, a temporarily accredited agency, or an approved person will be identified and act as the primary provider. More information on the role of U.S. accredited ASPs and the role of U.S. accrediting entities is available on the Department’s adoption website, adoption.state.gov.
The Department of State has provided information to the Romanian Office for Adoption about the U.S. requirement for a primary provider to serve in each Convention adoption, explaining the critical monitoring and oversight role of U.S. accrediting entities in ensuring that ASPs remain in substantial compliance with the IAA and the Convention. We look forward to the opportunity to expand our cooperation with Romania as Convention partner countries.
January 17, 2012, From the US State Department
Alert: SDA resumes processing adoptions in Ukraine
Alert: SDA resumes processing adoptions in Ukraine
On July 14, 2011, the presidential order which extends the State Department on Adoption’s (SDA’s) authority to process adoptions was published in Ukraine. We have been informed by the SDA that they have resumed processing adoption applications. As described in a previous alert, the SDA will have the authority to continue processing adoptions until the Ministry of Social policy is ready to take over as the new adoption authority in Ukraine. The Ministry does not yet know when they will be prepared to take over adoption processing.
The SDA also informed the embassy that the new amendment to the Family Code is now in effect. This requires orphans to be registered on the central adoption registry for one year and to be at least five years old before they are eligible for intercountry adoption. The amendment exempts children with certain special needs, relative adoptions, and sibling adoptions. Please note that the Ukrainian government is in the process of updating the definition of special needs, a process which by law should be completed by October 11, 2011.
We will continue to encourage the Ministry of Social Policy to protect adoptions where U.S. prospective adoptive parents have already been approved by the SDA to adopt a particular child. We will also be following new developments closely to understand how they will affect the families currently in process and will be posting relevant updates.
Kazakhstan New Family and Marriage Code Signed into Law
From the US State Department
Kazakhstan Adoption Alert
Please note: This was posted under the country UKRAINE on the Department of State website. This link most likely will be reposted in the correct category country at some point.
U.S. Mission Kazakhstan has reported that President Nazarbayev signed into law the new Family and Marriage Code on December 26, 2011. The Ministry of Education now awaits government approval of its new policies to accredit agencies and process adoptions.
The Department will post information on the new accreditation process and the new adoption procedures on www.adoption.state.gov as soon as we receive it, and will confirm when the new Hague Convention adoption process is in place in Kazakhstan.
From the US State Department
Kazakhstan Adoption Alert
Please note: This was posted under the country UKRAINE on the Department of State website. This link most likely will be reposted in the correct category country at some point.
"Not Clearly Approvable" Defined
Consular officers at U.S. Embassies and Consulates have limited, delegated authority from the United States Citizen and Immigration Service to approve Form I-600 petitions that are found to be clearly approvable. Clearly approvable means that the petition and supporting documentation clearly establish that the child is an orphan as defined by U.S. immigration law; all criteria identified on the Form I-600A approval regarding the child and any state pre-adoption requirements are met; and there are no concerns of fraud, child buying or other inappropriate practices in the adoption process.
In cases where the evidence is insufficient to establish that the child is an orphan or that the I-600A criteria have been met, the consular officer will allow the petitioner to respond to issues and questions that can be quickly and easily resolved. If issues and questions can be quickly and easily resolved and the case is clearly approvable the consular officer will approve the petition.
All non-Hague cases require an I-604 investigation to determine orphan status. In many instances this is a simple review of the documents and facts in the case. However, in some cases, an investigation by consular staff may be necessary to clarify doubts related to documentation presented or concerns of inappropriate practices. Investigations may include, but are not limited to, visits to the child's town of origin; interviews with birth relatives, orphanage staff, or social workers; DNA testing; and/or a field investigation.
If additional clarification and evidence does not fully resolve the issue quickly, the consular officer must send the petition to USCIS for review and adjudication. USCIS is the only agency with the authority to adjudicate NCA cases. If a case is identified as "Not Clearly Approvable", the consular officer sends the petitioner notification of the transfer to USCIS and provides contact information so that further inquiries may be directed to USCIS.
November 16, 2011 USCIS UPDATE ON PROCESSING OF “NOT CLEARLY APPROVABLE” CASES REFERRED BY EMBASSY ADDIS ABABA
A USCIS team of four officers arrived in Ethiopia and began working at Embassy Addis Ababa on November 7, 2011. As of the date of this notice, the team has received 63 “not clearly approvable” cases from Embassy Addis, and expects to receive at least 1 more case before they depart on Friday, November 18, 2011.
The following provides a summary of the results of the team’s review of the cases as of November 15, 2011:
Approvals Issued: 36
Requests for Evidence Issued: 9
Notices of Intent to Deny Issued: 1
Under USCIS Team Review: 9
Pending Birth Relative Interview: 8
Pending Physical Transfer: 1
During the team’s first days in Addis, they began reviewing the cases, and established procedures necessary for completing adjudication and issuing notices. Embassy Addis is providing the resources necessary for USCIS to be able to adjudicate the notclearly approvable cases. Although the team has encountered some technological challenges, the team has been issuing decisions and notices as soon as they are able. All cases that the team is able to approve before they depart from Addis Ababa will stay with the Consular Section in Embassy Addis Ababa, for immediate scheduling of immigrant visa processing. Families that receive an approval notice will be contacted directly by the U.S. Embassy within three business days. We strongly recommend that families wait to be contacted regarding an immigrant visa interview before making travel arrangements.
Cases that require a Request for Evidence or a Notice of Intent to Deny will be sent to the USCIS Rome District Office for further processing. Each family that received a Request for Evidence or a Notice of Intent to Deny should carefully read the instructions regarding where to send additional evidence to avoid delays in processing that could be caused by sending the evidence to the incorrect USCIS Office. USCIS has decided to utilize additional resources at the Rome District Office in the ongoing processing of some of the affected cases in an effort to ensure that they are processed to completion as quickly as possible.
Consular officers at U.S. Embassies and Consulates have limited, delegated authority from the United States Citizen and Immigration Service to approve Form I-600 petitions that are found to be clearly approvable. Clearly approvable means that the petition and supporting documentation clearly establish that the child is an orphan as defined by U.S. immigration law; all criteria identified on the Form I-600A approval regarding the child and any state pre-adoption requirements are met; and there are no concerns of fraud, child buying or other inappropriate practices in the adoption process.
In cases where the evidence is insufficient to establish that the child is an orphan or that the I-600A criteria have been met, the consular officer will allow the petitioner to respond to issues and questions that can be quickly and easily resolved. If issues and questions can be quickly and easily resolved and the case is clearly approvable the consular officer will approve the petition.
All non-Hague cases require an I-604 investigation to determine orphan status. In many instances this is a simple review of the documents and facts in the case. However, in some cases, an investigation by consular staff may be necessary to clarify doubts related to documentation presented or concerns of inappropriate practices. Investigations may include, but are not limited to, visits to the child's town of origin; interviews with birth relatives, orphanage staff, or social workers; DNA testing; and/or a field investigation.
If additional clarification and evidence does not fully resolve the issue quickly, the consular officer must send the petition to USCIS for review and adjudication. USCIS is the only agency with the authority to adjudicate NCA cases. If a case is identified as "Not Clearly Approvable", the consular officer sends the petitioner notification of the transfer to USCIS and provides contact information so that further inquiries may be directed to USCIS.
November 16, 2011 USCIS UPDATE ON PROCESSING OF “NOT CLEARLY APPROVABLE” CASES REFERRED BY EMBASSY ADDIS ABABA
A USCIS team of four officers arrived in Ethiopia and began working at Embassy Addis Ababa on November 7, 2011. As of the date of this notice, the team has received 63 “not clearly approvable” cases from Embassy Addis, and expects to receive at least 1 more case before they depart on Friday, November 18, 2011.
The following provides a summary of the results of the team’s review of the cases as of November 15, 2011:
Approvals Issued: 36
Requests for Evidence Issued: 9
Notices of Intent to Deny Issued: 1
Under USCIS Team Review: 9
Pending Birth Relative Interview: 8
Pending Physical Transfer: 1
During the team’s first days in Addis, they began reviewing the cases, and established procedures necessary for completing adjudication and issuing notices. Embassy Addis is providing the resources necessary for USCIS to be able to adjudicate the notclearly approvable cases. Although the team has encountered some technological challenges, the team has been issuing decisions and notices as soon as they are able. All cases that the team is able to approve before they depart from Addis Ababa will stay with the Consular Section in Embassy Addis Ababa, for immediate scheduling of immigrant visa processing. Families that receive an approval notice will be contacted directly by the U.S. Embassy within three business days. We strongly recommend that families wait to be contacted regarding an immigrant visa interview before making travel arrangements.
Cases that require a Request for Evidence or a Notice of Intent to Deny will be sent to the USCIS Rome District Office for further processing. Each family that received a Request for Evidence or a Notice of Intent to Deny should carefully read the instructions regarding where to send additional evidence to avoid delays in processing that could be caused by sending the evidence to the incorrect USCIS Office. USCIS has decided to utilize additional resources at the Rome District Office in the ongoing processing of some of the affected cases in an effort to ensure that they are processed to completion as quickly as possible.
Vietnam: US Department of State Adoption Notice – Vietnam ratifies the Hague Adoption Convention
Rrom the US Department of State:
Notice: Vietnam ratifies the Hague Adoption Convention
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption will enter into force in Vietnam on February 1, 2012, following Vietnam’s ratification on November 1, 2011.
The United States recognizes Vietnam’s initiatives leading to this significant development and applauds the Government of Vietnam’s renewed commitment to strengthen its child welfare system and the integrity of its domestic and international adoption process. We continue to caution adoption service providers and prospective adoptive parents that, to ensure that adoptions from Vietnam can be compliant with the Convention, important steps must still take place before intercountry adoptions between the United States and Vietnam resume. We further caution adoption service providers against initiating, or claiming to initiate, adoption programs in Vietnam until they receive authorization from the Government of Vietnam.
The Department of State will provide updated information onwww.adoption.state.gov as it becomes available. If you have any further 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.
Rrom the US Department of State:
Notice: Vietnam ratifies the Hague Adoption Convention
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption will enter into force in Vietnam on February 1, 2012, following Vietnam’s ratification on November 1, 2011.
The United States recognizes Vietnam’s initiatives leading to this significant development and applauds the Government of Vietnam’s renewed commitment to strengthen its child welfare system and the integrity of its domestic and international adoption process. We continue to caution adoption service providers and prospective adoptive parents that, to ensure that adoptions from Vietnam can be compliant with the Convention, important steps must still take place before intercountry adoptions between the United States and Vietnam resume. We further caution adoption service providers against initiating, or claiming to initiate, adoption programs in Vietnam until they receive authorization from the Government of Vietnam.
The Department of State will provide updated information onwww.adoption.state.gov as it becomes available. If you have any further 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.
Adoption Notice: Ethiopia
Confirmation of Orphanage Closures in Ethiopia
October 17, 2011
Ethiopian government officials confirmed the closure of several orphanages in the Southern Nations state due to revocation of the orphanages’ operational licenses. Each orphanage in Ethiopia receives an operational license that the Charities and Societies Administration administers and monitors to ensure compliance with Ethiopian regulations. This is an update to the previous Adoption Notice posted on August 3, 2011.
These orphanages are:
· SOS Infants Ethiopia (Arbaminch, Dila and Awassa branches)
· Gelgella Integrated Orphans (Tercha and Durame branches)
· Bethzatha Children’s Home Association (Sodo, Hosaena, Dila, Haidya, Durame, and Hawassa branches)
· Ethio Vision Development and Charities (Dila and Hawassa branches)
· Special Mission for Community Based Development (Hosaina branch)
· Enat Alem Orphanage (Awassa branch)
· Initiative Ethiopia Child and Family Support (Hawassa branch)
· Resurrection Orphanage (Hosaina branch)
· Musie Children’s Home Association (Hadiya, Hosaina, Dila, and Kenbata branches)
· Organization for Gold Age (Kucha, Dila, Hawassa branches)
· Hidota Children’s Home Association (Soto branch)
· Biruh Alem Lehisanat, Lenatochina Aregawiyan (Hosaina branch)
According to officials in the Charities and Societies Agency office, which oversees the licensing and regulation of orphanages in Ethiopia, the children in the care of those facilities have already been transferred to other
orphanages.
Ethiopian officials indicate that cases involving orphaned children from these facilities which are already pending with the Federal First Instance court will continue to move forward. The Embassy in Addis Ababa is working closely with Ethiopian officials to determine if children from these facilities who had been previously referred for matches will be allowed to continue in the adoption process. Regional officials have confirmed that the affected children’s case files are currently being reviewed on a case by case basis by regional Ministry of Women’s Affairs offices.
We continue to ask prospective adoptive parents and agencies that are hearing news of specific closures to inform the Department. Please send any specific information regarding orphanage closures to AskCI@state.gov with the subject line “Ethiopia Orphanage Closures.”
Prospective and adoptive parents are encouraged to remain in contact with their adoption service provider to stay up-to-date on any information pertinent to their individual case. The Department will post any confirmation on www.adoption.state.gov as we receive it.
Confirmation of Orphanage Closures in Ethiopia
October 17, 2011
Ethiopian government officials confirmed the closure of several orphanages in the Southern Nations state due to revocation of the orphanages’ operational licenses. Each orphanage in Ethiopia receives an operational license that the Charities and Societies Administration administers and monitors to ensure compliance with Ethiopian regulations. This is an update to the previous Adoption Notice posted on August 3, 2011.
These orphanages are:
· SOS Infants Ethiopia (Arbaminch, Dila and Awassa branches)
· Gelgella Integrated Orphans (Tercha and Durame branches)
· Bethzatha Children’s Home Association (Sodo, Hosaena, Dila, Haidya, Durame, and Hawassa branches)
· Ethio Vision Development and Charities (Dila and Hawassa branches)
· Special Mission for Community Based Development (Hosaina branch)
· Enat Alem Orphanage (Awassa branch)
· Initiative Ethiopia Child and Family Support (Hawassa branch)
· Resurrection Orphanage (Hosaina branch)
· Musie Children’s Home Association (Hadiya, Hosaina, Dila, and Kenbata branches)
· Organization for Gold Age (Kucha, Dila, Hawassa branches)
· Hidota Children’s Home Association (Soto branch)
· Biruh Alem Lehisanat, Lenatochina Aregawiyan (Hosaina branch)
According to officials in the Charities and Societies Agency office, which oversees the licensing and regulation of orphanages in Ethiopia, the children in the care of those facilities have already been transferred to other
orphanages.
Ethiopian officials indicate that cases involving orphaned children from these facilities which are already pending with the Federal First Instance court will continue to move forward. The Embassy in Addis Ababa is working closely with Ethiopian officials to determine if children from these facilities who had been previously referred for matches will be allowed to continue in the adoption process. Regional officials have confirmed that the affected children’s case files are currently being reviewed on a case by case basis by regional Ministry of Women’s Affairs offices.
We continue to ask prospective adoptive parents and agencies that are hearing news of specific closures to inform the Department. Please send any specific information regarding orphanage closures to AskCI@state.gov with the subject line “Ethiopia Orphanage Closures.”
Prospective and adoptive parents are encouraged to remain in contact with their adoption service provider to stay up-to-date on any information pertinent to their individual case. The Department will post any confirmation on www.adoption.state.gov as we receive it.
Presidential order expected to allow SDA to continue processing adoptions in Ukraine
July 12, 2011
On July 8, 2011, the president of Ukraine signed an order which extends the State Department on Adoption’s (SDA’s) authority to process adoptions. We have been informed by the SDA that the order will not take effect until the order is published, likely within a few days. The SDA currently is not accepting adoption applications. According to the order, the SDA will have the authority to continue processing adoptions until the Ministry of Social policy is ready to take over as the new adoption authority in Ukraine. The Ministry does not yet know when they will be prepared to take over adoption processing.
We will continue to ask the Ukrainian government to resume adoptions as quickly as possible. We will also continue to encourage the Ministry of Social Policy to protect adoptions where U.S. prospective adoptive parents have already been approved by the SDA to adopt a particular child.
According to the SDA, there are approximately 139 U.S. families registered with the SDA, some of them already in-country. We will be following new developments closely to understand how they will affect the families currently in process and will be posting relevant updates. In that respect, we recommend that all American families that are currently in Ukraine or have appointments with SDA during the next few weeks send their contact information to the U.S. Embassy in Ukraine’s Adoption Unit at: kyivadoptions@state.gov. Families should contact their local adoption service provider for further updates and details.
Updated information will be provided on this website as it becomes available.
July 12, 2011
On July 8, 2011, the president of Ukraine signed an order which extends the State Department on Adoption’s (SDA’s) authority to process adoptions. We have been informed by the SDA that the order will not take effect until the order is published, likely within a few days. The SDA currently is not accepting adoption applications. According to the order, the SDA will have the authority to continue processing adoptions until the Ministry of Social policy is ready to take over as the new adoption authority in Ukraine. The Ministry does not yet know when they will be prepared to take over adoption processing.
We will continue to ask the Ukrainian government to resume adoptions as quickly as possible. We will also continue to encourage the Ministry of Social Policy to protect adoptions where U.S. prospective adoptive parents have already been approved by the SDA to adopt a particular child.
According to the SDA, there are approximately 139 U.S. families registered with the SDA, some of them already in-country. We will be following new developments closely to understand how they will affect the families currently in process and will be posting relevant updates. In that respect, we recommend that all American families that are currently in Ukraine or have appointments with SDA during the next few weeks send their contact information to the U.S. Embassy in Ukraine’s Adoption Unit at: kyivadoptions@state.gov. Families should contact their local adoption service provider for further updates and details.
Updated information will be provided on this website as it becomes available.
Alert: Pursuing Independent Adoptions without Licensed Agencies Increases Risks of Delays and Fraud
The Department of State has seen a recent increase in U.S. citizens seeking to pursue adoptions in Haiti through independent agents instead of licensed adoption providers. While these “private” adoptions are currently permissible in Haiti, prospective adoptive parents should be aware of the risks associated with not utilizing experienced, licensed agencies. Non-licensed facilitators may lack experience in navigating the complex Haitian adoption process, and this could lead to delays and critical mistakes in processing the case. Haitian facilitators may also not be familiar with U.S. immigration law governing intercountry adoption processing. Prospective adoptive parents pursuing an independent adoption may place their trust in private facilitators engaging in unethical or illegal practices in Haiti. The Department strongly encourages prospective adoptive parents adopting from Haiti to research U.S. immigration laws and Haitian adoption procedures through the use of a reputable, licensed agency or experienced facilitator. For more information about intercountry adoption in Haiti, please visit our website
The Department of State has seen a recent increase in U.S. citizens seeking to pursue adoptions in Haiti through independent agents instead of licensed adoption providers. While these “private” adoptions are currently permissible in Haiti, prospective adoptive parents should be aware of the risks associated with not utilizing experienced, licensed agencies. Non-licensed facilitators may lack experience in navigating the complex Haitian adoption process, and this could lead to delays and critical mistakes in processing the case. Haitian facilitators may also not be familiar with U.S. immigration law governing intercountry adoption processing. Prospective adoptive parents pursuing an independent adoption may place their trust in private facilitators engaging in unethical or illegal practices in Haiti. The Department strongly encourages prospective adoptive parents adopting from Haiti to research U.S. immigration laws and Haitian adoption procedures through the use of a reputable, licensed agency or experienced facilitator. For more information about intercountry adoption in Haiti, please visit our website
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