As you are all aware, the U.S. Embassy in Nepal continues to investigate each I-600 filed on behalf of an orphan child being adopted in Nepal. We have recently learned that the Embassy has approved a few of the files at the Embassy level after finding that the documents filed in support of the I-600 were "clearly approvable." If the Embassy makes a finding that the documents are insufficient in some manners, which causes the I-600 is not clearly approvable, they will forward the file to the US Embassy in New Delhi, India for further review. We have learned that the U.S. Embassy in India has recently approved a few files as well.
On November 15, 2010, the Department of State sent out an email with additional Q&As added to the list of FAQs posted on Inter-country Adoptionwebsite concerning adoption in Nepal.
Wednesday, November 17, 2010
Q: How is the U.S. Embassy in Kathmandu prioritizing I-604 investigations?
A: The U.S. Embassy in Kathmandu will first investigate cases in which the prospective adoptive parents received travel authorization from the Government of Nepal. Please send a scanned copy of your travel authorization letter to the Embassy by email to AdoptionsNepal@state.gov as soon as it is received. Prospective adoptive parents may still file their Form I-600 petition with the Embassy through their local agency representative, although cases with travel authorization letters are considered complete and ready for investigation and will be investigated first. It is possible that some cases for which travel authorizations have not been issued could also be resolved tangentially during the course of another case investigation. For example, information affecting multiple cases may be found during a visit to an orphanage or police station.
Wednesday, November 17, 2010
Q: How is the U.S. Embassy in Kathmandu prioritizing I-604 investigations?
A: The U.S. Embassy in Kathmandu will first investigate cases in which the prospective adoptive parents received travel authorization from the Government of Nepal. Please send a scanned copy of your travel authorization letter to the Embassy by email to AdoptionsNepal@state.gov as soon as it is received. Prospective adoptive parents may still file their Form I-600 petition with the Embassy through their local agency representative, although cases with travel authorization letters are considered complete and ready for investigation and will be investigated first. It is possible that some cases for which travel authorizations have not been issued could also be resolved tangentially during the course of another case investigation. For example, information affecting multiple cases may be found during a visit to an orphanage or police station.
Q: What if the Embassy has not yet completed the I-604 investigation and the 60 days the Government of Nepal gives prospective adoptive parents in which to travel to Nepal to finalize their adoption is about to expire?
A: On October 21, 2010, Secretary Shrestha of the Ministry of Women, Children and Social Welfare provided Ambassador Scott DeLisi with written confirmation that the Ministry is granting 60-day extensions (for a total of 120 days) to prospective adoptive parents for whom the Embassy had sent a letter requesting an extension. The Ministry has advised that the 120 days begins from the date of the travel authorization. Additionally, the Ministry has agreed to consider further extensions in the same favorable light, and the Embassy will request further extensions as needed.
A: On October 21, 2010, Secretary Shrestha of the Ministry of Women, Children and Social Welfare provided Ambassador Scott DeLisi with written confirmation that the Ministry is granting 60-day extensions (for a total of 120 days) to prospective adoptive parents for whom the Embassy had sent a letter requesting an extension. The Ministry has advised that the 120 days begins from the date of the travel authorization. Additionally, the Ministry has agreed to consider further extensions in the same favorable light, and the Embassy will request further extensions as needed.
Q: Has a decision been made to send all of the cases in the pipeline to the USCIS office in New Delhi as not clearly approvable?
A: No. The Embassy is investigating each case individually based on the totality of the evidence available at the time. However, given the challenges the Embassy faces in confirming that a child meets the legal definition of an orphan, it is possible that many of the pending cases will be referred to USCIS New Delhi as "not clearly approvable."
A: No. The Embassy is investigating each case individually based on the totality of the evidence available at the time. However, given the challenges the Embassy faces in confirming that a child meets the legal definition of an orphan, it is possible that many of the pending cases will be referred to USCIS New Delhi as "not clearly approvable."
Q: If the Embassy determines that the Form I-600 petition in a particular case is approvable, what would the next step be in processing the case?
A: If the Embassy determines that the Form I-600 petition in a particular case is approvable, the Embassy will directly contact the prospective adoptive parents with this information. If the prospective adoptive parents have not yet completed the adoption, they will be informed that first they need to complete the adoption and then apply with the Consular Section at U.S. Embassy Kathmandu for the immigrant visa. If the adoption has already been completed, the prospective adoptive parents may apply directly for the immigrant visa. Notification that the Form I-600 petition is approvable does not guarantee issuance of the immigrant visa; a consular officer must conduct an immigrant visa interview to ensure that there are no visa ineligibilities.
A: If the Embassy determines that the Form I-600 petition in a particular case is approvable, the Embassy will directly contact the prospective adoptive parents with this information. If the prospective adoptive parents have not yet completed the adoption, they will be informed that first they need to complete the adoption and then apply with the Consular Section at U.S. Embassy Kathmandu for the immigrant visa. If the adoption has already been completed, the prospective adoptive parents may apply directly for the immigrant visa. Notification that the Form I-600 petition is approvable does not guarantee issuance of the immigrant visa; a consular officer must conduct an immigrant visa interview to ensure that there are no visa ineligibilities.
Q: If a case is sent to the USCIS office in New Delhi as not clearly approvable, what are the possible actions that USCIS could take in connection with the case?
A: If USCIS New Delhi receives a "not clearly approvable" case, USCIS officers will review the Form I-600, the supporting documentation, and the results of the Form I-604 investigation. USCIS will then take one of the following actions:
A: If USCIS New Delhi receives a "not clearly approvable" case, USCIS officers will review the Form I-600, the supporting documentation, and the results of the Form I-604 investigation. USCIS will then take one of the following actions:
- Determine the Form I-600 petition is approvable and return the case to U.S. Embassy Kathmandu,
- Issue a Request for Evidence (RFE) for additional information,
- Issue a Notice of Intent to Deny (NOID) the Form I-600 petition, or
- Issue a denial of the Form I-600 petition.
Q: What is a Request for Evidence (RFE)?
A: If additional information is required to complete the processing of any particular case, USCIS will request additional evidence specific to the facts of that particular case, and the prospective adoptive parents will have up to 87 days to respond. The Request for Evidence provides instructions about how to submit the additional evidence.
A: If additional information is required to complete the processing of any particular case, USCIS will request additional evidence specific to the facts of that particular case, and the prospective adoptive parents will have up to 87 days to respond. The Request for Evidence provides instructions about how to submit the additional evidence.
Q: Why does the petitioner have the burden of proving the beneficiary is an orphan as defined in U.S. immigration law?
A: The burden of proving eligibility for the immigration benefit sought rests solely with the petitioner, under Section 291 of the Immigration and Nationality Act, 8 U.S.C. 1361.
A: The burden of proving eligibility for the immigration benefit sought rests solely with the petitioner, under Section 291 of the Immigration and Nationality Act, 8 U.S.C. 1361.
Q: What is a Notice of Intent to Deny (NOID)?
A: If the evidence submitted does not establish the child's eligibility, USCIS may notify the petitioner of its intent to deny the petition and the basis for the proposed denial. The petitioner will have up to 33 days to respond to the NOID. The NOID provides instructions about how to submit the response.
A: If the evidence submitted does not establish the child's eligibility, USCIS may notify the petitioner of its intent to deny the petition and the basis for the proposed denial. The petitioner will have up to 33 days to respond to the NOID. The NOID provides instructions about how to submit the response.
Q: What happens if USCIS approves a Form I-600 petition?
A: If USCIS reviews the Form I-600 petition, supporting documentation and the results of the I-604 investigation and determines that the Form I-600 petition is approvable, USCIS will return the case to the U.S. Embassy Kathmandu as "approvable" and inform the petitioner that he or she may travel to Nepal to complete the adoption. If USCIS has sufficient evidence to approve the Form I-600 petition (i.e. final adoption decree), then it will approve the petition, send it back to U.S. Embassy Kathmandu and notify the petitioner.
A: If USCIS reviews the Form I-600 petition, supporting documentation and the results of the I-604 investigation and determines that the Form I-600 petition is approvable, USCIS will return the case to the U.S. Embassy Kathmandu as "approvable" and inform the petitioner that he or she may travel to Nepal to complete the adoption. If USCIS has sufficient evidence to approve the Form I-600 petition (i.e. final adoption decree), then it will approve the petition, send it back to U.S. Embassy Kathmandu and notify the petitioner.
Q: Does the suspension affect Forms I-130, Petition for Alien Relative, filed on behalf of Nepali children claimed to have been found abandoned in Nepal?
A: No. Form I-130 processing does not require that a child adopted in another country meet the definition of an "orphan" under U.S. immigration law. Instead, the child must meet the definition of an "adopted child" as set forth in the Immigration and Nationality Act Section 101(b)(1)(E).
For immigration purposes, an "adopted child" is considered to be the child (or adult son or daughter) of the adopting parent if both of the following requirements are met:
Please note, however, that whether a child meets the definition of a child under the INA and qualifies for immigration as the child of a U.S. citizen will be determined on a case-by-case basis. For more information about Form I-130 processing, please visit the USCIS website.
Last week we were informed that the Ministry of Women, Children and Social Welfare in Kathmandu had approved new Terms and Conditions for Special Needs adoptions. We are uncertain as to when they will come into affect but it should be soon. The current suspension of "abandonment" cases will most likely still apply to Special Needs cases as well.
A: No. Form I-130 processing does not require that a child adopted in another country meet the definition of an "orphan" under U.S. immigration law. Instead, the child must meet the definition of an "adopted child" as set forth in the Immigration and Nationality Act Section 101(b)(1)(E).
For immigration purposes, an "adopted child" is considered to be the child (or adult son or daughter) of the adopting parent if both of the following requirements are met:
- The parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances). The parent must submit evidence of a full and final adoption.
- The parent had legal and physical custody of the child for at least two years while the child was a minor.
- The legal custody must have been the result of a formal grant of custody from a court or other appropriate governmental entity.
- The custody and residence requirement may be met by custody and residence that preceded the adoption.
Last week we were informed that the Ministry of Women, Children and Social Welfare in Kathmandu had approved new Terms and Conditions for Special Needs adoptions. We are uncertain as to when they will come into affect but it should be soon. The current suspension of "abandonment" cases will most likely still apply to Special Needs cases as well.
Congressional hearings have been taking place over the last month on the issue of the suspension of "abandonment" cases in Nepal. It is our hope that someone on the Hill will be able to obtain information from the Department of State that specifically sets forth a factual basis to support the suspension of abandonment cases. We have not seen or heard of anything factual as of the present date.
A direct result of the suspension has been the difficulty of the Children's Homes in Nepal to adequately provide for the children in their care. Uttar has asked us to seek sponsors for the children in the Children's Home as well as in the Florida International Boarding School in Western Nepal which is also under the care of the Children's Home. The requested donation is $250 per year. Any family willing to sponsor a child should contact us at Faith so we can provide you with the information. Your donation is tax deductible.
Thank you for your continued patience. Please feel free to call us anytime if you have any questions or concerns.
John Meske
Executive Director
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