Immigrant Visas
Adoptions Historically, adoption was not a popular or traditional concept in India, and the few adoptions that were permitted were limited to a child within the extended family. These adoptions were governed by the Hindu Adoptions and Maintenance Act of 1956. The Act prohibited non-Hindus (including foreigners) from adopting Indian children within India. While foreign nationals were previously not permitted to adopt Indian children in India, the Government of India introduced a provision for legal guardianship in the late 1970s. A foreign national is now permitted to apply for and obtain legal guardianship of a child who is declared by the courts to be destitute and abandoned. The child may then be taken out of India to be adopted, and must be adopted within two years. A new law, the Juvenile Justice (Care & Protection of Children) Act of 2000, allows foreign nationals to adopt children in India irrespective of their religion. 1) The child is under the age of 16 on the filing date of the petition. 2) The child is habitually resident in a Convention country. 3) The U.S. citizen is habitually resident in the U.S. and either adopts child in a Convention country or brings the child to a convention country for adoption. 4) Adoption abroad or custody abroad for U.S. adoption must be by 5) The child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death, disappearance, abandonment, or desertion by the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child and to the child's emigration and adoption. 6) If a child has two living natural parents, the natural parents are incapable of providing proper care for the child. 7) The purpose of the adoption is to form a bona fide parent-child relationship, and 8) In the case of a child who has not been adopted, the PAPs must ensured that: 9) Release must be freely given and verified by the Central Authority of the child's country. U.S. citizens seeking to adopt a foreign child under the Hague Adoption Convention must submit Forms I-800 and I-800A and all supporting documents and fees to the following addresses: Form I-800A, Supplement 1, listing all adult members of the household is to be completed and submitted along with form I800A. Form I-800A Supplement 2, Consent to Disclose Information If PAP(s) want to give consent for USCIS to disclose information about their case to their Adoption Service Provider (ASP), they should complete Form I-800A, Supplement 2, Consent to Disclose Information. They are not required to give this consent in order to file Form I-800A. 1) An extension of approved Form I-800A. The validity of the Form I-800A is fifteen months from the date of approval. 2) A new approval notice based on changes in circumstances since your Form I-800A was approved. 3) A change in Convention country. 4) A duplicate approval notice (if the original is lost or misplaced). The PAP(s) may arrange for the relevant accredited, approved, temporarily accredited, or supervised Adoption Service Provider (ASP) to submit the approval notice, the accompanying home study, and other supporting evidence to the Central Authority (CA) in the Convention country in which the PAP(s) plan to adopt. Only those ASPs who have been accredited, temporarily accredited, or approved by either the Council on Accreditation (COA) or the Colorado Department of Human Services will be able to provide adoption services for Hague adoption cases. For reference see the following website: http://www.travel.state.gov/family/adoption/convention/
Step 4 After verifying compliance with the Convention and Intercountry Adoption Act (IAA) and determining that no visa ineligibilities exist, the Consular Officer will grant final approval of Form I-800. The Consular Office will then issue one of the following certificates: (1) A Hague Adoption Certificate to the adoptive parent(s) certifying that the requirements of the Convention and the IAA have been met with respect to the adoption, or Finally a immigrant visa will be issued to the child (ren) in either the IH3 (Orphan adopted abroad by U.S. citizen or Child from Hague Convention Country adopted abroad by a U.S. citizen) or IH4 (Orphan to be Adopted in U.S. by the U.S. Citizen or Child from Hague Convention Country to be Adopted in U.S. by a U.S. Citizen) immigrant visa category. At this point, the adoption process is complete and the PAPs can travel back to the U.S. will their newly adopted child (ren). CONTACT INFORMATION Hague Adoption Unit Central Authority for Intercountry Adoptions Alternate for U.S. Postal Service and Couriers (DHL, UPS, etc): U.S. Department of State Fax: 202-736-9080 For all New Delhi Hague adoptions inquires: NBC: NATIONAL BENEFITS CENTER Email: NBC.Hague@dhs.gov NVC: NATIONAL VISA CENTER USCIS: CITIZENSHIP AND IMMIGRATION SERVICES VO: VISA OFFICE CENTRAL AUTHORITY IN INDIA Important Notice for filing of Form I-800, I-800A and all related Supplements U.S. citizens seeking to adopt a foreign child under the Hague Adoption Convention must submit Forms I-800 and I-800A and all supporting documents and fees to the following addresses: Applicants filing at the USCIS Dallas Lockbox facility may elect to receive an email and/or text message notifying you that your application has been accepted. You must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application. For more information on USCIS programs, call the National Customer Service Center at 1-800-375-5283. If you are filing Hague-related Forms I-601, Application for Waiver of Ground of Inadmissibility; I-864, Affidavit of Support Under Section 213A of the Act; I-864EZ, Affidavit of Support Under Section 213A of the Act; or I-864W, Intending Immigrant's Affidavit of Support Exemption; with Form I-800, you must also send these forms to the Lockbox address. Transition Cases - Orphan Petition filed before April 1, 2008 Some cases that were started before April 1, 2008, have not been completed and are considered by the United States to be transition cases. If the Application for Advance Processing of an Orphan Petition (Form I-600A) or Petition to Classify an Orphan as an Immediate Relative (Form I-600) has been filed and received by U.S. Citizenship and Immigration Services (USCIS) before April 1, 2008, then the Hague Convention and the Inter Country Adoption Act (IAA) will not apply to the adoption, as long as the I-600A remains valid at the time the I-600 is filed. Transition cases will continue to be processed in accordance with immigration regulations for non-Convention adoptions which were in effect at the time the case was filed. If a prospective adoptive parent wants to change a transition case to a Convention case, the entire application and petition process must be started anew. Convention cases have different processing requirements, and an I-600A or I-600 cannot be converted into an I-800A or I-800 for a Convention case.
Introduction
The standard procedure, therefore, is for an U.S. citizen interested in adopting an Indian orphan to (a) select an Indian orphan, (b) apply for guardianship or adoption of the orphan, and once this is granted by the Indian court, (c) to apply for an orphan immigrant visa for the orphan to go to the U.S. to be adopted.
How to begin the adoption process using the standard procedure
The Hague Convention governs all adoptions between the United States and the over 70 countries party to the Convention. The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) entered into force for the United States on April 1, 2008. India is a party to the convention. A current list of the Convention member countries with whom the Convention will be in force with the United States can be accessed through the Department's website:
http://travel.state.gov/family/adoption/convention/
convention_4197.html.
The Convention entered into force to establish international legal standards for adoptions, creates safeguards to protect the best interests of children, and provide international recognition of adoptions.
The Intercountry Adoption Act (2000) created a new definition of "child," under the Immigration and Nationality Act section 101(b)(1)(G).
The classification of a child as a Convention adoptee requires the following criteria:
the parent-child relationship of the child and the natural parents has been terminated.
(i) the competent authority of the foreign state has approved the child's emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents,
(ii) the prospective adoptive parent/parents has/have complied with any pre-adoption requirements of the child's proposed residence, if any,
(ii) no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act.
-Steps involved in adopting the child under the Hague Convention
Step 1
The Prospective Adoptive Parents (PAP) must file an Application for Determination of Suitability to Adopt a Child from a Convention Country (I-800A) with the United States Citizenship and Immigration Service (USCIS) office having jurisdiction over their usual place of residence (For reference, see the following website: www.uscis.gov). All Hague cases will be processed by the USCIS National Benefits Center, Attention: Hague Adoptions, Department of Homeland Security, 850 N.W. Chipman Road, Suite 5000, Lee's Summit, MO 64063.
Parents who reside abroad can file Form I-800A with the USCIS overseas office having jurisdiction over their place of residence or with the nearest U.S. Embassy/Consulate. The filing fee is $670. An additional biometrics fingerprint fee of $80 must be paid for each person residing in the household who is 18 or older. The PAPs must simultaneously get their biometrics taken.
P.O. Box 660087
Dallas, TX 75266
or for courier/express mail providers that require a street address:
USCIS
ATTN: Hague
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
Form I-800A Supplement 3, Request for Action on Approved Form I-800A
Use Form I-800A, Supplement 3, to request the following:
NOTE: PAP(s) file this supplement if the validity period for Form I-800A approval is about to expire and they have not yet filed a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. Form I-800A approval notice indicates the date on which the approval notice expires. PAP(s) may not file Form I-800A, Supplement 3, more than 90 days before that expiration date, but must file it no later than that expiration date. If the Form I-800A approval expires prior to submission of FormI-800A, Supplement 3, then a new complete Form I-800A application and fee must be submitted for any new period of approval.
convention_4169.html. Please note that in India only those ASPs who have been accepted by the Central Adoption Resource Agency (CARA) as an Authorized Foreign Adoption Agency (AFAA) can provide adoption services.
Note: There are states that require a review of the home study by state authorities prior to submission to USCIS (currently Alabama, Colorado, Guam, Illinois, Mississippi, North Carolina, South Carolina, Puerto Rico, and the U.S. Virgin Islands). In such cases the PAPs can file Form I-800A without the home study which can be forwarded to USCIS later.
Step 2
Convention country matches PAP(s) with child: Working through an accredited, approved, temporarily accredited, or supervised ASP a report under Article 16 of Hague Convention on a child is required from the Convention country's Central Authority (CA). The report determines that the child is adoptable, provides proof that the necessary consents have been obtained, reasons why the envisaged placement is in the best interests of the child, ensures that the legal custodian has freely consented in writing for the adoption, ensures that any individual other then legal custodian has consented (if applicable), ensures that the child has freely consented in writing and ensures that no payment of any kind has been given to obtain consent necessary for the adoption to be completed.
Step 3
Filing of Form I-800: PAP(s) file Form I-800 petition with USCIS, including the report on the child received from the CA of the convention country. Form I-800 is used to determine whether the child will qualify as a Convention adoptee. Please note this step must occur before the PAPs have adopted or obtained legal custody of the child. If the PAPs have already adopted the child, that adoption will have to be voided and the process redone in accordance with the Convention in order for the child to immigrate as a Convention adoptee. The petition is provisionally approved in accordance with USCIS regulations and forwarded to the respective post via the National Visa Center (NVC) for further processing.
Important: Form I-800 must be filed before the expiration of the notice of the approval or extension of the Form I-800A and before the child's 16th birthday.
Special Instructions for a Child between Ages 15 and 16: There are two instances requiring special instructions relating to children between the ages of 15 and 16.
1) If the CA in the selected Convention country places the child with the PAP(s) for adoption more than 6 months after the child's 15th birthday but before the child's 16th birthday, the PAP(s) must still file Form I-800 before the child's 16th birthday. If the required evidence is not available, a statement from the primary ASP signed under penalty of perjury under U.S. law confirming that the CA has made the adoption placement on the date specified in the statement may be submitted. Submission of a Form I-800 with this statement will satisfy the statutory requirement that the petition must be submitted before the child's 16th birthday. Note that no provisional or final approval of Form I-800 will be granted until the requested evidence has been submitted.
2) If the approved Form I-800A was filed after the child's 15th birthday but before the child's 16th birthday, the filing date of the form I-800A will be deemed to be the filing date of Form I-800, provided the Form I-800 is filed not more than 180 days after the approval of the Form I-800A.
Form I-800 Supplement 1: If PAP(s) want to give consent for USCIS to disclose information about their case to the primary ASP, they should complete Form I-800, Supplement 1, Consent to Disclose Information. A consent is not required in order to file Form I-800.
Important Notice for filing of Form I-800
P.O. Box 660087
Dallas, TX 75266
or for courier/express mail providers that require a street address:
USCIS
ATTN: Hague
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
The U.S. Postal Service (USPS) will immediately forward mail from the Lewisville Post Office to the new post office in Dallas until December 31, 2009. After that date, the USPS will forward any applications sent to the Lewisville Post Office box through normal channels which will likely delay receipt at the USCIS Dallas Lockbox Facility. Applicants filing Forms I-800 and I-800A through Express mail and courier services should note changes to the Lewisville street address.
Visa Application: Following the provisional approval of the petition by the USCIS office, it is forwarded to the National Visa Center (NVC). NVC notifies the respective post and the Form I800 is forwarded to the Embassy/Consulate. The biographic data form (DS-230) and information on required photographs are mailed to the PAP(s) or ASP. The PAP(s) or ASP acting on their behalf should mail these documents to the Immigrant Visa Unit of the U.S. Embassy, New Delhi.
Step 5
After the Consular Officer at the Embassy reviews the application and determines that there are no ineligibilities, the Consular Officer will issue a letter under Article 5 of the Hague Convention to the Convention country's CA stating that the PAP(s) have been counseled and are eligible for the adoption and that the child will be authorized to enter and reside in the United States. The PAPs/ASP will be notified via e-mail by Embassy, New Delhi about the issuance of the Article 5 letter. PAP(s) then adopt the child or obtain legal custody of the child for purposes of emigration and adoption. The adoption/guardianship order must not be obtained UNTIL Embassy, New Delhi, issues an Article 5 letter.
Step 6
The Central Adoption Resource Agency (CARA) will issue a certificate under Article 23 of the Hague Convention certifying that the adoption has occurred in accordance with the Convention. Article 23 is a requirement only for adoption cases. Guardianships do not require an Article 23 letter. At this stage, the PAP(s)/ASP must provide valid proof to the Consular Officer that the adoption/legal custody has been completed. In cases involving an adoption in the country of origin, the competent authority such as the court of the Convention country must certify that the adoption was done in accordance with the Convention. In cases involving only a grant of legal custody for purposes of emigration and adoption, the PAP(s) must provide proof that the grant of legal custody occurred. Generally, this will come via a judicial or administrative act expressly authorizing the PAP(s) or those acting on their behalf to take the child out of the country and bring the child to the United States for adoption in the United States by the PAP(s).
Step 7
Once the adoption/guardianship has been completed, and the PAPs/ASP have the child's passport, they should contact Embassy, New Delhi to schedule an immigrant visa interview.
(2) A Hague Custody Certificate to the PAP(s), certifying that the requirements of the Convention and the IAA have been met with respect to the grant of legal custody.
Email: AdoptionUSCA@state.gov
Phone: 202-736-9089
Fax: 202-736-9080
CA / OCS / CI
2201 C. Street, N.W.
Washington, DC 20520-2818
Office of Children's Issues, SA-29
Hague Adoption Unit (HAC/HCD)
2100 Pennsylvania Ave. NW, 4th floor
Washington, D.C. 20037
Email: AskCI@state.gov
Phone: 202-736-9089
Email: ndadopt@state.gov
Toll Free Number: 1-877-424-8374
Local Number: 816-251-2770
Fax: 816-251-2799
Email: NVCInquiry@state.gov
Phone: 603-334-0700
Phone: 202-272-1663
U.S. Citizenship and Immigration Services
Chief, Children's Issues
20 Massachusetts Avenue, N.W.
Washington, DC 20529
Email: usvisa@state.gov
Phone: 202-663-1225
Central Adoption Resource Agency
West Block 8, Wing-2, Second Floor
R.K.Puram
New Delhi - 110 066, India
Telephone number: 091-11-26106725, 26106783, 26105346, 26180196, 26180184
Email: cara@bol.net.in
Website: www.adoptionindia.nic.in
USCIS
P.O. Box 660087
Dallas, TX 75266
or for courier/express mail providers that require a street address:
USCIS
ATTN: Hague
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
The U.S. Postal Service (USPS) will immediately forward mail from the Lewisville Post Office to the new post office in Dallas until December 31, 2009. After that date, the USPS will forward any applications sent to the Lewisville Post Office box through normal channels which will likely delay receipt at the USCIS Dallas Lockbox Facility. Applicants filing Forms I-800 and I-800A through Express mail and courier services should note changes to the Lewisville street address.