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Frequently Asked Questions: Intercountry Adoptions

USCIS has received many questions related to the new Hague intercountry adoption process and the orphan adoption process since the implementation of the Hague Adoption Convention on April 1, 2008.

 Hague and Orphan Adoptions

Q: I obtained a full and final adoption of a child in a Hague Convention Country prior to April 1, 2008, but did not file a Form I-600A or Form I-600 prior to April 1, 2008.   May I still file the Form I-600A or Form I-600?

A: Yes, a Form I-600A, (Application for Advance Processing of Orphan Petition) or Form I-600, (Petition to Classify Orphan as an Immediate Relative) (see the related links section of this page) may be filed on or after April 1, 2008, in this situation.  The definitions for "Convention adoptee" and "Convention adoption" in 8 CFR 204.301 state that an intercountry adoption is subject to the Hague Convention and the Hague Convention adoption rules only if the adoption occurs on or after April 1, 2008.  The USCIS Hague interim rule, therefore, does not apply to a case in which the adoption was already completed before April 1, 2008. Therefore, a Form I-600A or I-600 may be filed after April 1, 2008, if the adoption was completed before April 1, 2008.  If the prospective adoptive parents are suitable as adoptive parents and the child qualifies as an orphan, the Forms I-600A and I-600 may be approved and the child may immigrate under section 101(b)(1)(F) of the Immigration and Nationality Act (INA).

 For more FAQ's on Intercountry Adoptions please feel free to visit www.uscis.gov.

Chuck Hollis

Ohio Immigration Lawyer
Chuck Hollis - Attorney Bio

E-mail: cfh@hollis-law.com

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