Orphan Petition

Basic Orphan Petition Procedures

One of the first items you will file with the government during your adoption process will be the “Advance Processing of an Orphan Petition, or the USCIS I-600A form. This form will be submitted to the USCIS office for your region, and should be submitted regardless of whether or not you have identified the child(ren) you will be adopting.

Please note: If adopting through a Hague Adoption Convention country, you will use the USCIS I-800A “Application for Determination of Suitability to Adopt a Child from a Convention Country”, as opposed to the I-600A.

Advance Processing

A U.S. citizen who plans to adopt a foreign-born orphan but does not have a specific child in mind can have the immigration paperwork done much faster by using a procedure called “advance processing.” Advance processing allows USCIS to first adjudicate the application that relates to the prospective adoptive parent(s) at a local district office. Later, only the part of the petition relating to the child is processed.

Advance processing can also be done in the following case: the child is known and the prospective adoptive parent(s) are traveling to the country where the child is located. However, it is important for the prospective adoptive parent(s) to know that while travel back and forth between the foreign country and the United States is permitted for the prospective adoptive parent(s), the child must remain in the foreign country until processing is completed.

Even though USCIS places a priority on processing orphan petitions, USCIS regulations require that all foreign adoptions undergo an investigation to guarantee compliance with the laws of both the United States and foreign sending country. Because this investigation takes time, prospective adoptive parents are encouraged to take advantage of the advance processing procedure. However, it is important to know that filing an advance processing application is optional. An orphan petition can be filed without the prospective adoptive or adoptive parent(s) ever filing the advance processing application.

Where to file an Advance Processing Application

Advance processing applications are generally filed while the prospective adoptive parent(s) are waiting for a child to be identified. When the child is unknown, the prospective adoptive parent(s) must submit the advance processing application packet to the local USCIS office having jurisdiction over their residence in the United States. USCIS office addresses are located in Section VIII, Part D. Information on which USCIS office has jurisdiction over a prospective adoptive parents residence can be found on the USCIS website.

In cases where a child has already been identified, no advance processing application is necessary. The orphan petition may be filed at the overseas USCIS office having jurisdiction or, if there is no overseas USCIS office, at the American consulate or embassy having jurisdiction.

There are USCIS offices in Aruba, Austria, the Bahamas, Canada, China, Cuba, Denmark, the Dominican Republic, Ecuador, El Salvador, England, Germany, Greece, Guatemala, Haiti, Honduras, Hong Kong, India, Ireland, Italy, Jamaica, Japan, Kenya, Korea, Mexico, Pakistan, Panama, Peru, the Philippines, Russia, Singapore, South Africa, Spain, Thailand, and Vietnam.

Eligibility for Advance Processing

An application for advance processing may be filed by anyone who is eligible to file an orphan petition. An unmarried U.S. citizen may also file the application at least 24 years of age, as long as he or she will be at least 25 when an orphan petition is filed on behalf of an actual child and when the child is adopted. The prospective adoptive parent who signs the “certification of prospective petitioner” on the advance processing application is the prospective petitioner.

Forms Used for Advance Processing

• Form I-600A, Application for Advance Processing of Orphan Petition.This form is orange. The required filing fee, which is noted in the instructions or attached to the form, must accompany the application.
• FD-258, Fingerprint Chart. Fingerprints 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) must be taken on Form FD-258.USCIS will schedule an appointment for fingerprinting after receiving the application. If the application is filed at a USCIS field office in the United States, do not submit fingerprints with the application. However, the fingerprint fee for each household member to be fingerprinted must be submitted with the advance processing application. The fingerprint fee is in addition to the application fee, all payable to U.S. Citizenship and Immigration Services. See “Paying Immigration-Related Fees After March 1, 2003″ for more fee information. Note, however, the prospective adoptive parent(s) who reside outside the United States must submit a properly completed FD-258 when filing the application.

The prospective adoptive parent(s) residing abroad may have their fingerprints taken by an American embassy or consulate, U.S. military installation or USCIS office having jurisdiction over their residence. The prospective adoptive parent(s) are exempt from the USCIS fingerprint fee charged in the United States; however, they are subject to fees assessed by the Department of State or Defense. The prospective adoptive parent(s) who choose to be fingerprinted by USCIS personnel overseas may be charged a fee at the time the fingerprints are taken.

According to policy, the USCIS expedites all orphan cases for humanitarian reasons. Nevertheless, it takes a certain amount of time to conduct fingerprint checks even though procedures are in place to ensure that the checks will be done as quickly as possible. This is why a prospective adoptive parent(s) are encouraged to use the advance processing procedures before locating a child for adoption.

Necessary Documents

• Proof of the prospective petitioner’s U.S. citizenship
• Proof of the marriage of the prospective petitioner and spouse, if married
• Proof of legal termination of all prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable
• Proof that preadoption requirements, if any, of the state of the orphan’s proposed residence have been met This is required when it is known that the adoption will not be done abroad, or when both the married prospective adoptive parents or the unmarried prospective adoptive parent will not personally see the child prior to or during the adoption abroad, and/or the final adoption abroad will not be full and final
• A favorably recommended home study. This is a report on the ability of the prospective adoptive parent(s) to care for a child or children. If the home study is not available, it must be submitted within one year from the date of filing the advance processing application, or the application will be considered abandoned. See Section III, D for additional information about the home study.

Decision

The USCIS must decide whether the prospective adoptive parent(s) are able to take care of one or more orphans properly, depending on the number of children they want to adopt. Form I-171H, Notice of Favorable Determination Concerning Application for Advance Processing of Orphan Petition, is sent to the prospective petitioner if the prospective adoptive parent(s) appear to qualify for further processing. This decision, however, does not guarantee that the orphan petition(s) to be filed will be approved. An orphan petition may still be denied because the child does not qualify as an orphan or for other proper cause.

When there is unfavorable information about the prospective adoptive parent(s) or about an adult member of the prospective adoptive parents’ household, and the USCIS concludes that proper care could not be given to a child or children, the USCIS will make an unfavorable decision. As a result, the USCIS will advise the applicant of the action in writing and provide instructions on how to appeal an unfavorable decision.