Table of Changes

TOC I-600A Form & Instructions 8-28-09.doc

Petition to Classify Orphan as an Immediate Relative and Application for Advance Processing of Orphan Petition

Table of Changes

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TABLE OF CHANGES – FORM I-600A

FORM & INSTRUCTIONS

6-30-2009


FORM

LOCATION


CURRENT VERSION

PROPOSED VERSION

Page 1, 4

4. Address Abroad (if any):

(Number and Street) (Apt. No.)

______________________________________

(Town or City) (Province) (Country)

_______________________________________

4. Address Abroad (if any):

____________________________________

(Number and Street) (Apt. No.)

____________________________________

(Town or City) (State or Province)(Country)

Page 1, 7.

7. My marital status is:


Married Widowed Divorced

Single


I have never been married.


I have been previously married ­­_____ time(s).



8. My marital status is:


a. Married Widowed Divorced

Single


b. I have been married ­­­_____ time(s)


Page 1, 8.

8. If you are now married, give the following information:

Date and place of present marriage (mm/dd/yyyy)

____________________________________


Name of present spouse (include maiden name of wife)

­­­­­­­­­­_____________________________________


Date of birth of spouse (mm/dd/yyyy) Place of birth of spouse


_____________________________________


Number of prior marriages of spouse _______



My spouse resides:

With me Apart from me (provide address below)


_____________________________________

(Apt. No.) (No. and Street) (City) (State) (Country)


9. If you are now married, provide the following information:

Date of present marriage (mm/dd/yyyy):

________________________________


Place of present marriage:

________________________________


Name of present spouse:

________________________________

(Last) (First) (Middle) (Maiden, if any)


Date of birth of present spouse (mm/dd/yyyy):

__________________________________


Place of birth of present spouse:

__________________________________


My spouse has been married _____ time(s)


My spouse resides:

With me Apart from me (provide address below)


Number and Street Apt. No.

_________________________________


City State Country

____________________________

Page 1, 9.

9. I am a citizen of the United States through:

Birth Parents Naturalization


If acquired through naturalization, give name under which naturalized, number of naturalization certificate, and date and place of naturalization.

_____________________________________


______________________________________


If not, submit evidence of citizenship. See Page 2 of the Instructions.

______________________________________

If acquired through parentage, have you obtained a certificate in your own name based on that acquisition?

No Yes

______________________________________


Have you or any person through whom you claimed citizenship ever lost United States citizenship?

No Yes (If Yes, attach detailed explanation.)


7. I am a citizen of the United States through:

Birth Parents Naturalization


If acquired through naturalization, provide the following:

  1. Name under which you naturalized:

______________________________


  1. Naturalization certificate number:

______________________________


  1. Date of naturalization (mm/dd/yyyy):

______________________________


  1. Place of naturalization:

______________________________


If acquired through parentage, have you obtained a certificate in your own name based on that acquisition?

No Yes

____________________________________


If not, submit evidence of citizenship. See Page 2 of the instructions.

____________________________________


Have you or any person through whom you claimed citizenship ever lost U.S. citizenship?

No Yes (If “Yes,” attach detailed explanation)

Page 2, 13.

13. If the answer to Question 11 or 12 is “Yes,” give the following information:


  1. Your date of intended departure

_____________________________


  1. Your spouse’s date of intended departure

_____________________________


c. City, province

___________________________________

13. If the answer to Question 11 or 12 is “Yes,” provide the following information, if known:


  1. Your date of intended departure (mm/dd/yyyy):

_____________________________


  1. Your spouse’s date of intended departure (mm/dd/yyyy):

_____________________________

  1. City, province, country:

_____________________________

Page 2, 14.

14. Will the child come to the United States for adoption after compliance with the preadoption requirements, if any, of the State of proposed residence?


Yes No

15. Will the preadoption requirements, if any, of the child’s proposed State of residence be met prior to or after the child enters the United States?


No Yes

Page 2, 15.

15. If the answer to Question 14 is “No,” will the child be adopted abroad after having been personally seen and observed by you and your spouse, if married?


Yes No

14. Will the child be adopted abroad after having been personally seen and observed by you and your spouse, if married?


No Yes

Page 2, After 15.

[ New Question]

16. From what country do you plan to adopt, if known?

__________________________________


Page 2, 16.

16. Where do you wish to file your orphan petition?

The USCIS office located at

_____________________________________


The U.S. Embassy or consulate at

______________________________________


17. Where do you wish to file your orphan petition? (Complete one of the options below)


The USCIS office located at:

____________________________________


OR


The U.S. Embassy or consulate at:

____________________________________


Page 2, 17

[Change Number Order Only]

(make 17 number 18)



Page 2, After 17



[NEW LANGUAGE]

BLOCK III – Accommodations for Individuals With Disabilities and Impairments (Read the information in the instructions before completing this section.)


19. I am requesting an accommodation:


1. Because of my disability(ies) and/or impairment(s).


No Yes


2. For my spouse because of his or her disability(ies) and/or impairment(s).


No Yes


3. For my household member (if applicable) because of his or her disability(ies) and/or impairment(s).


No Yes



If you answered "Yes," check any applicable box. Provide information on the disability(ies) or impairment(s) for each person:


Deaf or hard of hearing and request the following accommodation(s) (if requesting a sign-language interpreter, indicate which language (e.g., American Sign Language)):

___________________________________


Blind or sight-impaired and request the following accommodation(s):

____________________________________


Other type of disability(ies) and/or impairment(s) (describe the nature of the disability(ies) and/or impairment(s) and accommodation(s) being requested):

_________________________________





INSTRUCTIONS

LOCATION


CURRENT VERSION

PROPOSED VERSION

Page 1, What Is the Purpose of This Form?



This form is used by a U.S. citizen who plans to adopt a foreign-born orphan but does not have a specific child in mind. “Advance Processing” enables U.S. Citizenship and Immigration Services (USCIS) to adjudicate the application that relates to the qualifications of the applicant(s) as a prospective adoptive parent(s).


Additionally, this form may be used in cases where the child is known and the prospective adoptive parent(s) is traveling to the country where the child is located. However, it is important that prospective adoptive parent(s) be aware that the child must remain in the foreign country where the child is located until the processing is completed.


NOTE: Form I-600A is not a petition to classify an orphan as an immediate relative. Form I-600, Petition to Classify Orphan as an Immediate Relative, is used for that purpose.

On April 1, 2008, the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention) entered into force for the United States. Therefore, it is important to note that Form I-600A, Application for Advance Processing of Orphan Petition, and/or Form I-600, Petition to Classify Orphan as an Immediate Relative, cannot be filed for the adoption of a child habitually residing in a Hague Adoption Convention country unless the adoption occurred before April 1, 2008, or meets the requirements for a grandfathered transition case (example: Form I-600A or Form I-600 was filed prior to April 1, 2008). For a list of Hague Adoption Convention countries and for additional information regarding grandfathered transition cases, see the U.S. Department of State’s Web site at www.adoption.state.gov and our Web site at www.uscis.gov.


This form is used by a U.S. citizen who plans to adopt a foreign-born child but does not have a specific child in mind. “Advance Processing” enables U.S. Citizenship and Immigration Services (USCIS) to adjudicate the application that relates to the qualifications of the applicant(s) as prospective adoptive parent(s).


Additionally, this form may be used in cases where the child is known and the prospective adoptive parent(s) are traveling to the country where the child is located. However, it is important that prospective adoptive parent(s) be aware that the child must remain in the foreign country where the child is located until the processing is completed.


NOTE: Form I-600A is not a petition to classify an orphan as an immediate relative. Form I-600, Petition to Classify Orphan as an Immediate Relative, is used for that purpose.


Page 1, What Are the Eligibility Requirements?,1.


An application for advance processing may be filed by a married U.S. citizen and spouse. The spouse of the applicant does not need to be a U.S. citizen; however, he or she must be in a lawful immigration status. An application for advance processing may also be filed by an unmarried U.S citizen who is at least 24 years of age provided that he or she will be at least 25 years of age at the time of adoption and the filing of an orphan petition on behalf of a child.


An application for advance processing may be filed by a married U.S. citizen and spouse. The spouse of the applicant does not need to be a U.S. citizen. However, he or she must be in a lawful immigration status if residing in the United States. An application for advance processing may also be filed by an unmarried U.S. citizen who is at least 24 years of age provided that he or she will be at least 25 years of age at the time he or she files an orphan petition on behalf of a child.

Page 1, What Are the Eligibility Requirements?, 2. A.


Under U.S. immigration law, an orphan is an alien child who has no parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents.


An orphan is also a child who has only one parent who is not capable of taking care of the orphan and who has, in writing, irrevocably released the orphan for emigration and adoption.


Form I-600 may not be filed on behalf of a child who is present in the United States unless that child is in parole status and has not been adopted in the United States.


The petition must be filed before the child reaches 16 years of age.




Under U.S. immigration law, an orphan is an alien child who has no parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents.


An orphan is also a child who has only one parent who is not capable of taking care of the child and who has irrevocably released the child for emigration and adoption in writing.


Form I-600 may not be filed on behalf of a child who is present in the United States unless that child is in parole status and has not been adopted in the United States.


Form I-600A may be filed at any time. Form I-600, however, must be filed before the child reaches 16 years of age.


Form I-600 may be filed after the child’s 16th birthday, but before the child’s 18th birthday only if the child is the birth sibling of another foreign national child who has immigrated (or will immigrate) based on adoption by the same adoptive parents.


Page 1, What Are the Eligibility Requirements?, 2. B. Adoption Abroad













Page 1, 2 C. Proxy adoption abroad
























Page 1. 2.D. Preadoption requirements



B. Adoption abroad


If the orphan was adopted abroad, it must be established that both the married applicant and spouse or the unmarried applicant personally saw and observed the child prior to or during the adoption proceedings. The adoption decree must show that a married prospective adoptive parent and spouse adopted the child jointly or that an unmarried prospective parent was at least 25 years of age at the time of the adoption and filing of Form I-600.



C. Proxy adoption abroad


If both the applicant and spouse or the unmarried applicant did not personally see and observe the child prior to or during the adoption proceedings abroad, the applicant (and spouse, if married) must submit a statement indicating the applicant’s (and, if married, the spouse’s) willingness and intent to readopt the child in the United States. If requested, the applicant must submit a statement by an official of the State in which the child will reside that readoption is permissible in that State. In addition, evidence must be submitted to show compliance with the preadoption requirements, if any, of that State.







D. Preadoption requirements

If the orphan has not been adopted abroad, the applicant and spouse or the unmarried applicant must establish that the child will be adopted in the United States by the prospective applicant and spouse jointly or by the unmarried prospective applicant, and that preadoption requirements, if any, of the State of the orphan’s proposed residence have been met.

B. Adoption abroad – child seen by and adopted by both parents


If the child was adopted abroad, it must be established that both the married applicant and spouse, or the unmarried applicant, personally saw and observed the child prior to or during the adoption proceedings in order for the adoption to be considered full and final. The adoption decree must show that a married prospective adoptive parent and spouse adopted the child jointly.




C. Adoption abroad – child not seen by or adopted by both parents


If the child is adopted abroad, but the married petitioner and spouse, or the unmarried petitioner, did not personally see and observe the child prior to or during the adoption proceeding, the child will be considered to be coming to the United States for adoption. The adoptive parents will then need to either adopt the child anew in their State of residence or else take whatever steps may be required by their State of residence to recognize the foreign adoption.


Also, if a married petitioner and spouse do not jointly adopt the child abroad, but one spouse did adopt the child abroad, the child will be considered to be coming to the United States for adoption, and the spouse who did not adopt abroad will need to adopt the child in the United States.



D. Preadoption requirements


If the child has not been adopted abroad, the applicant and spouse, or the unmarried applicant, must establish that the child will be adopted in the United States by the prospective adoptive parent (and spouse, if any) or by the unmarried prospective adoptive parent, and that preadoption requirements, if any, of the State of the child’s proposed residence have been met.

Page 2, General Instructions, 2nd Column


















Page 3, 1st column, 2nd paragraph

Note: Proof of lawful immigration status of the applicant’s spouse, if applicable, must be submitted. If the spouse is not a U.S. citizen, proof of lawful immigration status, such as Form I-551, Permanent Resident Card; Form I-94, Arrival –Departure Record; or a copy of the biographic pages of the spouse’s passport and the nonimmigrant visa pages showing an admission stamp may be submitted.









If you live abroad and will adopt the child abroad, the home study may be prepared by an agency or individual who is licensed or authorized to prepare home studies under the law of the country in which you reside, or under the law of any State in the United States. In addition to having a home study preparer that meets this requirement, the home study must, before it is submitted to USCIS, be reviewed and favorably recommended by a public adoption agency in any State in the United States or by a private agency licensed or otherwise authorized in any States to place children for adoption.

NOTE: If the petitioner is married, and the spouse lives in the United States, the petitioner must submit proof that the spouse is living in the United States lawfully. If the spouse is a U.S. citizen or non-citizen U.S. national, the petitioner must submit the same type of evidence as the evidence to establish the petitioner’s own U.S. citizenship. If the spouse is an alien who is residing in the United States, proof of the spouse’s lawful immigration status, such as Form I-551, Permanent Resident Card; Form I-94, Arrival –Departure Record; or a copy of the biographic pages of the spouse’s passport and the nonimmigrant visa pages showing an admission stamp may be submitted.



If you live abroad and will adopt the child abroad, the home study may be prepared by an agency or individual who is licensed or authorized to prepare home studies under the law of the country in which you reside, or under the law of any State in the United States. In addition to having a home study preparer that meets this requirement, the home study, before it is submitted to USCIS, must be reviewed and favorably recommended by a public or private adoption agency licensed or otherwise authorized by any State of the United States to place children for adoption.


Page 3, 2nd column, Note

Note: You must include all information concerning any criminal history, even if an arrest, indictment, other criminal charge or conviction has been expunged, sealed, pardoned, or ameliorated in any other way. Having committed any crime of moral turpitude or a drug-related offense does not necessarily mean that the prospective adoptive parent(s) will be found not qualified to adopt an orphan. However, failure to disclose such information may result in the denial of this application and/or any subsequent petition for an orphan.

NOTE: You must include all information concerning any criminal history, even if an arrest, indictment, other criminal charge, or conviction has been expunged, sealed, pardoned, or ameliorated in any other way. Having committed any crime involving moral turpitude or a drug-related offense does not necessarily mean that the prospective adoptive parent(s) will be found not qualified to adopt a child. However, failure to disclose such information may result in the denial of this application and/or any subsequent petition for a child.

Page 3, What Is the Filing Fee?

The filing fee for Form I-600A is $670.


An additional Biometrics Fee of $80 for fingerprinting every adult person living in the household in the United States where the child will reside.


For example…


USCIS will allow for a one time re-fingerprinting at no-charge to the prospective adoptive parents and household members, who are at least 18 years of age upon expiration of the fingerprint validity period of 15 months. Also, if the prospective adoptive parents have not yet filed Form I-600 and make a written request to extend the approval period of a Form I-600A, it is not necessary for them to pay the biometrics fee again to be fingerprinted in connection with the extension request.


The filing fee for Form I-600A is $670.


An additional biometrics fee of $80 is required for fingerprinting every adult person living in the household in the United States where the child will reside.


For example…


USCIS will allow for a one-time re-fingerprinting at no charge to the prospective adoptive parent(s) and any adult members of the household who are 18 years of age or older if the 15-month fingerprint validity has or will expire before the final adjudication of any related Form I-600 filed on behalf of a specific child.


NOTE: To ensure proper filing of your application, you must enclose a separate check or money order for each application. Each check or money order must also include the biometric fee for each prospective adoptive parent and adult household member requiring fingerprinting.


Page 4, 2nd column, Biometric services Number 2.

2. Each additional adult member 18 years of age of the prospective adoptive parent’s household. NOTE: Submit a copy of the birth certificate of each qualifying household member who is 18 years of age.

2. Each additional adult household member 18 years of age or older.

Page 4, 2nd Column Petitioners Residing Abroad

Petitioners Residing Abroad


Completed fingerprint cards (Forms FD-258) must be submitted with this application. Do not bend, fold, or crease the completed fingerprint cards. The fingerprint cards must be prepared by a U.S. Embassy or consulate, USCIS office, or U.S. military installation.


NOTE: If the prospective adoptive parent(s) and any other adult members of the household are residing abroad at the time of filing, they are exempt from paying the biometric services fee for fingerprinting. However, they may have to pay fingerprinting fees charged by the U.S. Department of State or military installation.

Petitioners Residing Abroad


A completed Form FD-258, Applicant Fingerprint Card, is required for each individual requiring biometrics. The fingerprint card must be prepared by a U.S. Embassy or consulate, USCIS office, or U.S. military installation abroad. For additional information on obtaining fingerprints when filing outside the United States, consult the nearest U.S. Embassy or consulate or USCIS overseas office.


NOTE: If you, your spouse, and any adult member of the household reside outside of the United States at the time of filing, you are exempt from paying the USCIS biometrics service fee for fingerprinting. However, you may have to pay fingerprinting fees charged by the U.S. Department of State or U.S. military installation abroad.

Page 5, Address Change

If you change your address and you have an application or petition pending with USCIS, you may change your address online at www.uscis.gov. Click on “Change your address with USCIS” and follow the prompts, or you may complete and mail Form AR-11, Alien’s Change of Address Card, to:


U.S. Citizenship and Immigration Services

Change of Address

P.O. Box 7134

London, KY 40742-7134


For commercial overnight or fast freight services only, mail to:


U.S. Citizenship and Immigration Services

Change of Address

1084-I South Laurel Rd.

London, KY 40744

[DELETED]

Page 5, Processing Information, 2nd and 3rd Paragraphs

If approved in the home study for more than one orphan, the prospective adoptive parent(s) may file a petition for each of the additional children to the maximum number approved. If the orphans are siblings, no additional filing fee is required. However, if the orphans are not siblings, an additional filing fee is required for each orphan beyond the first orphan.


A fee of $670 must be submitted for filing this petition. However, a fee is not required for this petition if you filed an advance processing application (Form I-600A) within the previous 18 months, and it was approved or is still pending.

If approved in the home study for more than one child, the prospective adoptive parent(s) may file a petition for each of the additional children to the maximum number reflected in the Form I-600A approval notice. If the children are siblings, no additional filing fee is required. However, if the children are not siblings, an additional filing fee is required for each Form I-600 beyond the initial Form I-600.


A fee of $670 must be submitted for filing Form I-600. However, a fee is not required for Form I-600 if you filed an advance processing application (Form I-600A), and it was approved (or an extension approved) within the previous 18 months, or is still pending.


A fee is also not required if you requested the one-time, no fee extension of the approval of Form I-600A, and that request was approved.


Page 5, Processing Information, 2nd Column, 1st Paragraph

Generally, Form I-600 should be submitted at the USCIS office where Form I-600A was filed. Prospective adoptive parent(s) going abroad to adopt or locate a child may file Form I-600 with either the USCIS office or U.S. Embassy or consulate having jurisdiction over where the child is residing or will be located, unless the case is being retained at the USCIS office stateside.

Prospective adoptive parent(s) going abroad to adopt or locate a child may file Form I-600 with the USCIS office or U.S. Embassy or consulate having immigrant visa jurisdiction over where the child resides, unless the case is being retained at the USCIS office stateside. Form I-600 may only be filed abroad during the validity period of the Form I-600A approval (or extension of approval) and if the U.S. citizen petitioner is physically present in the child’s country at the time of Form I-600 submission. If prospective adoptive parents wish to file Form I-600 stateside, the petition must be mailed to the Dallas Lockbox facility at the address listed in “Where to File?” on Page 4 of these instructions.


Page 6, 1st Column, Extension of the Form I-600A Approval Period

If USCIS has approved your Form I-600A, and you have not yet filed Form I-600 based on that approval, you may make one request, without fee, to have USCIS extend the approval period for your Form I-600A. You must submit a written request to the USCIS office that adjudicated the initial Form I-600A. The request must be received no earlier than 90 days prior to the expiration of the Form I-600A approval, but before the Form I-600A approval notice expires. For instance, if your Form I-600A approval notice is valid until December 31, you may not file the request before October 3, but must file it no later than December 31.


If USCIS has approved your Form I-600A, and you have not yet filed Form I-600 based on that approval, you may make one request, without fee, to have USCIS extend the approval period of your Form I-600A an additional 18 months. You must submit a written request to the USCIS office that adjudicated the initial Form I-600A. The request must be received no earlier than 90 days prior to the expiration of Form I-600A approval, but before Form I-600A approval notice expires. For instance, if your Form I-600A approval notice is valid until December 31, you may not file the request before October 3, but your request must be received at the USCIS office before no later than December 31.


Page 6, Requesting a Change of Country, 2nd column

If you had USCIS send the approval notice for your Form I-600A to the Department of State office in a particular country, but now wish to adopt a child from a different country, you may make one request, without fee, to have a new approval notice sent to the U.S. Department of State office in the new country. …….

If you had USCIS send the approved Form I-600A to the U.S. Department of State National Visa Center for a particular country, but now wish to adopt a child from a different country, you may make one request, without fee, to have a new approval notice sent to the U.S. Department of State National Visa Center for the new country…

Page 6, above USCIS Forms and Information

If you have received one free change of country, then you must submit a properly completed Form I-824, Application for Action on Approved Petition or Application, with the fee specified in 8 CFR 103.7(b), to obtain any additional change of country.

If you have already received one no-fee change of country, then you must submit a properly completed Form I-824, Application for Action on Approved Petition or Application, with the fee specified in 8 CFR 103.7(b), to obtain any additional change of country. You may also need to submit an updated or amended home study that addresses the change in country and whether the home study preparer recommends approval of the change and that also addresses any other changes since your Form I-600A was approved.



A Second Form I-600A Filing for a Grandfathered Case


If you have a current Form I-600A approval notice (or an extension of an approval notice) for an adoption in a Hague Convention country, and it is expiring, you may be eligible to continue with the orphan process by filing a second Form I-600A, with fee, while your current Form I-600A or extension remains valid. For more information, visit the “Frequently Asked Questions” concerning a grandfathered Form I-600A at www.uscis.gov.

Page 6, after USCIS Forms and Information

[NEW LANGUAGE]

Accommodations for Individuals With Disabilities and Impairments


USCIS is committed to providing reasonable accommodations for individuals with disabilities and impairments.


Accommodations vary with the disability and/or impairment and involve modifications to practices or procedures. For example, if you are:


1. Unable to use your hands, you may be permitted to take a test orally rather than in writing;


2. Hearing-impaired, you may be provided with a sign-language interpreter for a USCIS-sponsored training session; or


3. Unable to travel to a designated USCIS location for an interview, you may be visited at your home or a hospital.


If you believe that you, your spouse, and/or your household member need us to accommodate a disability and/or impairment, check the "Yes" box and then check any applicable box that describes the nature of your disability(ies) and/or impairment(s). Also, write the type(s) of accommodation(s) you are requesting on the line(s) provided. If you are requesting a sign-language interpreter, be sure to indicate which language. If you need more space, use a separate sheet of paper.


NOTE: All domestic USCIS facilities meet the Accessibility Guidelines of the Americans with Disabilities Act, so you do not need to contact us to request an accommodation for physical access to a domestic USCIS office.


USCIS considers requests for accommodations on a case-by-case basis. Asking for an accommodation will not affect your eligibility for the benefit.


13

File Typeapplication/msword
File TitleTABLE OF CHANGES – INSTRUCTIONS
Authorjdimpera
Last Modified Byjdimpera
File Modified2009-07-13
File Created2009-06-30

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