The decisionsWho decides now# per year How CHIFF changes things The qualification of the U.S. family to adopt internationally (Forms I- 600A and I-800A)

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Presentation transcript:

The decisionsWho decides now# per year How CHIFF changes things The qualification of the U.S. family to adopt internationally (Forms I- 600A and I-800A) USCIS10,000No change, except that all applications based on the Hague standard (Form I-800A) The adoptability of the child in the home country The appropriate authority in the child’s home country 10,000No change The Hague petition to classify the adopted child as eligible to immigrate to the U.S. (Form I-800) Divided between USCIS and DOS (USCIS makes all final decisions, but DOS controls necessary certifications.) 4,500Streamlines under USCIS, which assumes responsibility for certifications as well. The orphan petition to classify the adopted child as eligible to immigrate to the U.S. (Form I-600). Divided between USCIS and DOS (DOS handles in locations where USCIS is not, but does not recognize USCIS authority to oversee.) 5,500Clarifies that USCIS oversees all decision-making for petitions. The immigrant visa application for the adopted child DOS10,000No change INTERNATIONAL ADOPTION PROCESSING – THE DECISIONS HOW CHIFF STREAMLINES AND CLARIFIES ROLES AND RESPONSIBILITIES

ADOPTIVE PARENTS USCIS DEPT. OF STATE Prepares and files application for suitability to adopt Adjudicates suitability application for parents After matched with a child, prepares and files immigration petition for that child Adjudicates petition on behalf of child and forwards approvals to Embassy overseas Embassy conducts investigation and returns to USCIS with concerns Based on concerns, USCIS issues a request for evidence to the parents Parents gather required additional information or evidence and submit THE RESULT: Parents left in the dark and a child suffering and alone… ADOPTION CASE PING PONG USCIS confirms previous decision and returns the petition to the Embassy for visa Embassy still disagrees and refuses to issue visa. Returns case again to USCIS Endless feedback loop while the two agencies struggle… CHILD ALONE Months or years going by

ADOPTIVE PARENTS USCIS DEPT. OF STATE Prepares and files application for suitability to adopt Adjudicates suitability application for parents After matched with a child, prepares and files immigration petition for that child at Embassy overseas with DOS (USCIS not there). Embassy has concerns about the case and puts it in the pile for “field investigation” when they can get to it Parents keep asking Embassy for updates only to hear that the case is “pending investigation” THE RESULT: 6 months of a year go by. The child waits. The family can’t get any information and USCIS can’t help. ORPHAN CASE BLOCKING by DOS CHILD ALONE Months or years going by USCIS, which has ultimate jurisdiction, is unaware of the case b/c it was filed with DOS. Examples of where this happens a lot: Ethiopia DRC Haiti Uganda

ADOPTIVE PARENTS USCIS DEPT. OF STATE Prepares and files application for suitability to adopt Adjudicates suitability application for parents After matched with a child, parents complete a domestic adoption b/c one is a dual national of the child’s country of origin. They then prepare and file immigration petition for that child. Embassy consults with other Central Authority, which says the adoption is legal but not a Hague adoption. Embassy refuses to issue certification. Case is stuck. Parents keep asking Embassy for assistance in finding a solution. DOS tells family only option is to live abroad for 2 years with the child. THE RESULT: Years go by. The family remains separated. The family can’t get any help or relief. HAGUE COUNTRY BLOCKING by DOS CHILD ALONE Months or years going by Examples of where this happens: Peru Bolivia Mexico Adjudicates petition for child and forwards to U.S. Embassy for certifications and visa issuance

ADOPTIVE PARENTS USCIS DEPT. OF STATE Prepares and files application for suitability to adopt Adjudicates suitability application for parents After matched with a child, prepares and files immigration petition for that child Seeks any needed input from USCIS overseas office or Embassy. Adjudicates petition on behalf of child and forwards approvals to Embassy overseas Embassy responds to USCIS requests for information or investigation If necessary, USCIS issues a request for evidence to the parents Parents gather required additional information or evidence and submit THE RESULT: A child joins a family through a streamlined, effective process. Less time. More joy. THE CHIFF MODEL USCIS makes final decision and sends the petition to the Embassy for visa processing Embassy’s role is to process the immigrant visa application based on the approved petition. CHILD ALONE 6 – 9 months