U.S. Citizenship and Immigration Service

One of the forms that you need to complete and is not too tough to fill out but is costly is the U.S. Citizenship and Immigration Service (USCIS or CIS) I-600A form. This year the form is changing numbers and of course you can expect a price increase.

Hague Treaty on Intercountry Adoption & Intercountry Adoption Act

On the 29th of February 2008, the U.S. Department of State announced all the US agencies which have been accredited under the Hague convention regulations.

On April 1, 2008, the U.S. will 'enter into force' with respect to the Hague convention. After that date, certain adoption agencies will not be able to work with families in the countries of China, India, Guatemala until they are accredited. THERE ARE EXECPTIONS TO THIS, however, agencies will be able to continue to work with families who have already started their adoptions (filed their I-600A with CIS).

Please carefully review this information below to insure that your case will be able to continue to move forward after April 1 2008.

Entry Into Force

The U.S. Department of State (DOS) has announced that the United States will 'enter into force' (EIF) concerning the Hague Treaty on Intercountry Adoption (or simply 'the Hague') on April 1, 2008. After this date, any person who applies for an international adoption with the U.S. Citizenship and Immigration Service (CIS) must comply with the U.S. Intercountry Adoption Act (IAA) if they want to adopt a child from a country that has also entered into force regarding the Hague Treaty.

For prospective adoptive parents (PAP), this mainly means that they will need to work with a U.S. accredited agency if they plan to adopt from a Hague Convention country. Accreditation requires an exhaustive review of agency policies and procedures to insure that they meet the requirements of the IAA. A central part of this review involves a visit to the agencies by the accrediting entity where the evaluators interview staff and families and inspect agency facilities and files.

Announcement of Accredited Agencies

On 29 February 2008 (known as the Unified Notification Date), the DOS announced the U.S. adoption agencies that have been accredited by the Council on Accreditation, the only national entity that can accredit adoption agencies under the IAA.

Adoption from Russia, Ethiopia and Ukraine are not affected by this treaty. These countries are presently not Hague Convention countries and so the IAA does not apply.

Most adoption agencies will still be able to work with families who want to adopt from China, India, and Guatemala (these are Convention countries), if they have applied to CIS (I-600A and all fees, including fingerprint fees) prior to April 1, 2008 (recommend: FedEx overnight by March 15, 2008).

This can be done because the IAA allows for a transitional period for families who have already applied to CIS prior to the entry into force date of April 1, 2008. In addition, they will be allowed to extend their I-171H approval on a one-time basis for free as long as they submit a new I-600A application (with cover letter and updated home study) prior to the expiration of their I-171H. In effect, they will have about 2 1/2 years from the date of their I-171H approval to complete their adoption as a transitional case. Families should not allow their I-171H approval to expire without renewal. Apply for renewal 30 days prior to expiration.

For example,

If a family applies to CIS by April 1, 2008 (using overnight FedEx by March 15), and plans to adopt from India or China, both Convention countries, then they will be counted as a transitional case.

*They can work with any accredited or non-accredited U.S. adoption agency that is approved by India.

*They may contract with their international agency before or after April 1, 2008.

*They and their agency will NOT be required to follow the procedures of the IAA.

*They can renew their I-171H approval one time before it expires and extend their approval an additional 18 months (if they apply for their I-171H on March 15, 2008, and receive an I-171H dated July 1, 2008, it will expire on about Jan 1, 2010; if they apply for a renewal on Dec 1, 2009, and they receive a free extension on Dec 20, 2009, for another 18 months, they will have until about June 20, 2011, to complete their adoption).

Families should not allow their I-171H approval to expire without renewal.

*But if they apply for only one child prior to April 1, 2008, and then later want to adopt that child's sibling, that second approval may well not count as a transitional case.

*Families are strongly urged to send their I-600A application to their CIS office by March 15, 2008, via an overnight package services like FedEx. Families should also be sure they are sending their package to the correct local CIS field office. Check https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO for the office that services your area.

*For families who wish to adopt from Guatemala (a Convention country), are recommend that they not start an adoption from there at this time, due to the unique legal and regulatory situation in that country. You may, however, continue working on Guatemalan cases that have already started.

If, however, a family applies to CIS after April 1, 2008 (or allows their I-171H approval to expire after April 1, 2008) and wants to adopt from India or China or Guatemala, they must comply with the IAA.

*They must work with an U.S. accredited agency that is approved by India, China or Guatemala.

*They must follow the requirements of the IAA. This means, primarily, that they must work with a U.S. agency that is accredited by the COA/DOS.

*The CIS approvals for families in Convention cases are for 15 months, not 18 months.

(*Families will be able to extend any approval to adopt in a Convention for an additional 15 months).

If a family applies to CIS after April 1, 2008, in order to adopt a child from Ukraine, Russia or Ethiopia,

*the case will be considered a non-Convention adoption,

*they can work with any accredited or non-accredited U.S. adoption agency that is approved by Ukraine,

*they may contract with their international agency before or after April 1, 2008,

*they and their agency will NOT be required to follow the procedures of the IAA,

*they can renew their I-171H approval one time without charge before it expires and extend their approval an additional 18 months

(for example, if they apply for their I-171H on March 15, 2008, and receive an I-171H dated July 1, 2008, it will expire on about Jan 1, 2010; if they apply for a renewal on Dec 1, 2009, and they receive a free extension on Dec 20, 2009, for another 18 months, they will have until about June 20, 2011, to complete their adoption).

*However, if Ukraine, Russia or Ethiopia enter into force concerning the Hague, the case may well be considered a Convention case and the family and agency will have to comply with the IAA. There is no announced provision for this kind of transitional case.

Below is some information on how to apply for a new I-171H:

Extension of I-600A Approval (I-171H)

The U.S. Citizenship and Immigration Service (USCIS) will extend by 18 months an original I 171H approval without additional fees.

The USCIS Fee Schedule states, "If you already have an approved I-600A that is about to expire, and have not yet filed your I-600 petition, you can receive one free extension of your I-600A by filing a new I-600A without fee before the first expires."

Conditions

*The first request for extension of the I-171H will be accepted without a fee if the request is filed in advance of the expiration of the I-171H, and no I-600 has been filed with USCIS for adjudication of the approval of the child to immigrate to the U.S.

*This no charge extension is limited to only one occasion.

*A complete application and fee must be submitted for any subsequent application (after the free extension).

*No biometric (fingerprint) fee will be charged for an update of an approved I-600A.

*USCIS must receive the extension request no earlier than 90 days before the approved Form I600A expires (the I-171H), but before the Form I-600A approval notice (the I-171H) expires.

*The extension request and documents

Filing with USCIS

To request an extension, prospective adoptive parent(s) must submit

-a written request to the USCIS office that adjudicated the initial Form I-600A.

-the written request must explicitly ask for a onetime, no-charge extension to the current approved Form I-600A (IFS advises that families include a copy of their I-171H approval notice)

-an amended/updated home study and any other supporting documentation of any changes in the household,

-the home study amendment/update must address each issue under 8 CFR 204.3(e) (dealing with home study requirements) and indicate any changes.

-the home study must also address any changes to answers submitted with the initial Form I600A and must say whether approval is still recommended.

IFS recommends in most situations submitting the above to CIS 30 days before the I-171H expires via FedEx overnight delivery (note the tracking number, log onto FedEx.com and print the proof of delivery with signature).

enjoy

je