Filing the I-600

Filing a Petition

The adoptive parents should file the I-600 Petition to Classify an Orphan as an Immediate Relative with the USCIS office having jurisdiction over their place of residence. If the adopting parent(s) have submitted an I-600A Application for Advance Processing to the USCIS and the approval notice has been forwarded to the U.S. Embassy or Consulate in the child’s home country, the parent(s) may file the I-600 in person at that Embassy or Consulate. If there is no USCIS office in that country, a consular officer has the authority to approve the I-600, relying upon the approved I-600A as demonstration of the suitability of the prospective adoptive parent(s) and their compliance with any applicable state pre-adoption requirements.

Please note: If adopting through a Hague Adoption Convention country, you will use the USCIS I-800 “Petition to Classify Convention Adoptee as an Immediate Relative”, as opposed to the I-600.

Filing an Orphan Petition After an Advance Processing Application Has Been Filed

A separate orphan petition must be filed in behalf of each child with separate documentation relating to each child. An orphan petition or petitions may be filed while an advance processing application is pending or within 18 months after the date of an approved application. This date is shown on the Form I-171H, Notice of Favorable Determination Concerning Application for Advance Processing of Orphan Petitions.

No additional filing fee is necessary if only one orphan petition is filed, and if the petition is filed while an advance processing application is pending or within 18 months after a favorable decision on an advance processing application. An additional filing fee is required, however, for any additional orphan petitions. The only exception to this is when more than one petition is submitted by the same petitioner in behalf of orphans who are brothers and/or sisters.

If there has been an unfavorable decision in an advance processing case and the grounds for the unfavorable decision are not overcome, but the prospective adoptive parent(s) file an orphan petition anyway, a filing fee is required. In such cases, the orphan petition will be denied unless the prospective adoptive parent(s) can prove that the grounds for the unfavorable decision no longer apply and that they can take care of a child or children properly.

Where to File an Orphan Petition After an Advance Processing Application Has Been Filed

Normally, an orphan petition is submitted at the same USCIS office where the advance processing application was filed. In fact, when an advance processing application is still pending, the orphan petition must be filed at the same office.

If, after the USCIS has made a favorable decision on an advance processing application, the prospective adoptive parent(s) travel abroad, the orphan petition may be filed abroad. In cases like this, the decision to submit the petition abroad, instead of in the United States, is up to the petitioner.

If the child lives in a foreign country where there is a USCIS office and the petitioner wants to file the petition abroad, the petition is submitted at the USCIS office abroad. If there is no USCIS office in the foreign country, the petition should be filed at the American embassy or consulate having jurisdiction.

The prospective petitioner must state on the I-600A, Application for Advance Processing of Orphan Petition, where the I-600, Petition to Classify Orphan as an Immediate Relative, is to be filed once a favorable decision is made. If the I-600 is to be filed in the United States, it is filed with the USCIS office having jurisdiction over the prospective adoptive parent(s) residence. If it is to be filed at a USCIS office or consulate outside the United States, the I-600A is generally sent to the appropriate office overseas to be associated with the I-600.

Abandonment of Advance Processing

If an orphan petition is not filed within 18 months after the date of the approval of an advance processing application, the application is considered abandoned, and the prospective petitioner is notified in writing. After an advance processing application is abandoned, the prospective petitioner must file either a new application or an orphan petition, if the petitioner later decides to petition for an orphan. In that case a new fee is necessary.

Orphan Petition

What is an Orphan Petition?

An orphan petition is a USCIS form which is filed for an immigration benefit in behalf of an actual child who fits the definition of “orphan” according to U.S. immigration law The child’s name, date of birth and other information must be known for such a petition to be filed.

Three Types of Processing

An orphan petition can be filed when a child has been identified and:

• an advance processing application is pending or it is within 18 months of a favorable decision in a completed advance processing case, or
• no advance processing application has been filed, or
• an advance processing application was filed and approved, but no orphan petition was filed during the 18 month period

Forms Used for an Orphan Petition

• Form I-600, Petition to Classify Orphan as an Immediate Relative. This form is blue. The required filing fee, which is noted in the instructions or on an attachment to the form, must be paid. One exception is when an advance processing application is pending or when the petition is filed within 18 months after a favorable decision on an advance processing case. Another exception applies when more than one petition is submitted at the same time by the same petitioner in behalf of orphans who are brothers and/or sisters. In such cases, only the fee for the pending or approved advance processing application is necessary.

• FD-258, Fingerprint Chart. The FD-258 is not required when an advance processing application is pending or when the petition is filed within 18 months after a favorable decision on an advance processing case. When required, fingerprints must be taken for each prospective adoptive parent and for each adult member of the prospective adoptive parents’ household (individuals who are 18 years of age or older).If fingerprints are required, the fingerprinting procedures for I-600 petitions are the same as described in Section II, A, Advance Processing.

Necessary Documents

• Proof of the child’s age. The petitioner should submit a certificate of the child’s birth if it can be obtained. If the document cannot be obtained, the petitioner should submit an explanation along with the best available evidence of birth, and
• death certificate(s) of the orphan’s parent(s), if applicable, or
• if the child has only a sole or surviving parent, proof of this fact and proof that the sole or surviving parent is unable to provide for the child’s basic needs, consistent with the local standards of the foreign sending country and that the parent has, in writing, irrevocably released the child for emigration and adoption, or
• proof that the orphan was abandoned or deserted by, separated or lost from, both parents, or that both parents have disappeared, or
• proof that the child was unconditionally abandoned to an orphanage, if the child is in an orphanage, and
• all proof relating to the petitioner as described in Section II, A, Advance Processing, unless this proof was submitted with a pending advance processing application or unless it is within 18 months after a favorable decision in a completed advance processing case, and
• if there was no adoption abroad, proof that the pre-adoption requirements, if any, of the state of the orphan’s proposed residence were met. This proof is also required if the orphan has been adopted abroad, but the adoption is not full and final, or if the unmarried adoptive parent, or both married adoptive parents, did not personally see the child prior to or during the adoption proceeding, and
• if there was no adoption abroad, proof that the prospective parent(s) have, or a person or entity working on their behalf has, secured custody of the child in accordance with the laws of the foreign-sending country.
• If the orphan has been adopted abroad, a final decree of adoption must be submitted. In order to recognize an adoption as full and final, evidence must be submitted verifying that the unmarried adoptive parent, or both married adoptive parents, saw the child prior to or during the adoption proceeding. If only one married adoptive parent or no adoptive parent saw the child prior to or during the adoption, proof must be submitted showing that the prospective adoptive parent(s) have, or a person or entity working on their behalf has, secured custody of the child in accordance with the laws of the foreign sending country.

Decision

The USCIS must decide whether the adoptive or prospective adoptive parent(s) are able to care for the child properly, whether the child is an orphan as defined in U.S. immigration law, and whether all other legal requirements have been met. If the petition is approved, an I-171, Notice of Approval of Relative Immigrant Visa Petition, or an I-797, Notice of Action, is sent to the petitioner.

If the petition is denied, the petitioner is notified in writing. The petitioner may appeal that decision. Instructions on how to appeal a denial are included in the notice of denial.