I-600 Instructions - Table of Changes

I600-012-INS-TOC-FeeRule-OMBReview-NPRM-09062022.docx

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

I-600 Instructions - Table of Changes

OMB: 1615-0028

Document [docx]
Download: docx | pdf


TABLE OF CHANGES – INSTRUCTIONS

Instructions for Form I-600, Petition to Classify Orphan as an Immediate Relative

OMB Number: 1615-0028

09/06/2022


Reason for Revision: FeeRule NPRM

Project Phase: OMB Review


Legend for Proposed Text:

  • Black font = Current text

  • Red font = Changes


Expires 12/31/2021

Edition Date 12/21/2019



Current Page Number and Section

Current Text

Proposed Text

Pages 2-3,

What Are the Eligibility Requirements?

[Page 2]


What Are the Eligibility Requirements?



B. Any pre-adoption requirements of the state of the orphan's proposed residence in the United States have been met or will be met at a later time.


[new]

[Page 2]


What Are the Eligibility Requirements?



B. Any pre-adoption requirements of the state of the orphan's proposed residence in the United States have been met or will be met at a later time.


Combination Form I-600 Filing


In some situations, you can file your Form I-600 petition on behalf of a specific child together with the supporting documents for Form I-600A, Application for Advance Processing of an Orphan Petition, to request that USCIS decide your suitability and eligibility to adopt at the same time as the child’s eligibility. This is referred to as combination filing. You do not need to file a separate Form I‑600A in this situation.


You may use this combination filing option if you:

  1. Have not previously filed Form I-600A but you have finalized an adoption or obtained legal custody of a child; or

  2. Have identified a child you would like to adopt and your previously approved Form I-600A expired before you filed a Form I-600 petition; or

  3. Previously filed Form I-600A but your marital status changed after the Form I-600A was approved, and you have finalized an adoption or obtained legal custody of a child.



Pages 3-6,

General Instructions

[Page 3]


General Instructions



Filing Fee. Each petition must be accompanied by the appropriate filing fee and biometric services fee (if applicable). (See the What Is the Filing Fee section of these Instructions.)



[Page 5]


4. Part 3. Information About Your Home Study and Primary Adoption Service Provider. For Item Number 1., select only one box in Items A. - D., depending on the status of your home study:


A. If you previously submitted your home study with your approved and valid Form I-600A, then select Item A. and submit a copy of your Form I-600A approval notice;


B. If you previously submitted your home study, but your Form I-600A is still pending, then select Item B. and submit a copy of your Form I-600A fee receipt;


[new]






C. If you did not file Form I-600A or filed Form I-600A without your home study, then select Item C. and submit your original home study; or


D. If you are unable to submit your home study because your state of residence must review and forward your home study directly to USCIS, then select Item D., but do not file your Form I-600 until your state authority is ready to send your home study to USCIS.


NOTE: If you do not have your home study yet because your state authority must review and approve it, but will forward it to you (as opposed to USCIS directly), then do not file your Form I-600 until you have received your home study from your state authority. When you have received your home study, select Item C. and submit your original home study with your petition.



[Page 3]


General Instructions



Filing Fee. See USCIS Form G-1055, Fee Schedule, available at www.uscis.gov/g-1055, for information on all filing fees.





[Page 5]


4. Part 3. Information About Your Home Study and Primary Adoption Service Provider. For Item Number 1., select only one box in Items A. - D., depending on the status of your home study:


A. If you previously submitted your home study with your approved and valid Form I-600A, then select Item A. and submit a copy of your Form I-600A approval notice;


B. If you previously submitted your home study, but your Form I-600A is still pending, then select Item B. and submit a copy of your Form I-600A receipt notice;


C. If you previously submitted your home study with Form I-600A/I-600, Supplement 3, then select Item C. and submit a copy of your Form I-600A/I-600, Supplement 3 receipt notice.


D. If you did not file Form I-600A or filed Form I-600A without your home study, then select Item D. and submit your original home study; or


E. If you are unable to submit your home study because your state of residence must review and forward your home study directly to USCIS, then select Item E., but do not file your Form I-600 until your state authority is ready to send your home study to USCIS.


NOTE: If you do not have your home study yet because your state authority must review and approve it, but will forward it to you (as opposed to USCIS directly), then do not file your Form I-600 until you have received your home study from your state authority. When you have received your home study, select Item D. and submit your original home study with your petition.


Pages 6-7,

Form I-600A/I-600 Supplements

[Page 6]


Form I-600A/I-600 Supplements



Form I-600A/I-600, Supplement 2, Consent to Disclose Information


If you want to give consent for USCIS to disclose information about your case to your primary adoption service provider, home study preparer, or any other individual or entity (other than your attorney or accredited representative), you should complete Form I-600A/I-600, Supplement 2. You are not required to give this consent in order to file Form I-600.


[new]

[Page 6]


Form I-600A/I-600 Supplements



Form I-600A/I-600, Supplement 2, Consent to Disclose Information


If you want to give consent for USCIS to disclose information about your case to your primary adoption service provider, home study preparer, or any other individual or entity (other than your attorney or accredited representative), you should complete Form I-600A/I-600, Supplement 2. You are not required to give this consent in order to file Form I-600.


Form I-600A/I-600, Supplement 3, Request for Action on Approved Form I-600A/I-600


You must file Form I-600A/I-600, Supplement 3 if you would like to request action, such as:

  • An extension or updated suitability determination, on your approved and valid Form I-600A; or

  • An updated suitability determination on your approved Form I-600 (combination filing).

Once you file Form I-600, you are not required to keep any underlying Form I-600A approval valid, but you may do so if you wish.


If your Form I-600A approval is still valid, you must use Form I-600A/Form I-600, Supplement 3, regardless of whether you have filed Form I-600, to request any of the following:


A. A first extension of your approved Form I-600A;


B. A second or subsequent extension of your approved Form I-600A;


C. A new approval notice based on a significant change or change in the number of children or characteristics (such as age, gender, and/or special needs) of the child or children you intend to adopt after your Form I-600A or Form I-600 was approved;


D. A first change to a new non-Hague Adoption Convention country;


E. A second or subsequent change to a new non-Hague Adoption Convention country; or


F. A duplicate approval notice.


You must submit an updated home study if there are any changes or if you are requesting an extension.


Your Form I-600A approval notice indicates the date your approval expires. If you are filing Supplement 3 to obtain an extension of your approved Form I-600A, you must do so before your approval expires, but no more than 90 days before its expiration.


NOTE: You may not use Supplement 3 to extend eligibility to process your case as a Hague Adoption Convention transition case beyond your first extension. Generally, you may not use Supplement 3 to increase the number of children you wish to adopt from a transition country. However, unless prohibited by the new Convention country, USCIS will permit prospective adoptive parent(s) to request an updated Form I-600A approval notice to increase the number of children they are approved to adopt as a transition case only to pursue the adoption of a birth sibling, provided the birth sibling(s) is (are) identified and the Form I-600 petition is filed before the Form I-600A approval expires. You may not use Supplement 3 to change to a transition country if you have already designated a country. See the adoption-related pages on the USCIS website at www.uscis.gov/adoption for information on filing limitations in transition cases.


Pages 7-11,

Initial Evidence

[Page 7]


Initial Evidence



8. Home Study

If you previously submitted your home study to USCIS with your pending or approved and valid Form I-600A, you do not need to resubmit a copy of it with your Form I-600. However, you must submit a home study with your Form I-600 if you did not previously submit it with your Form I-600A, or if you are requesting a suitability and eligibility determination as part of Form I-600. The only exception to this requirement is if you live in a state where an appropriate state authority must review and approve your home study and submit it directly to USCIS. In all cases, your home study must not be more than six months old when it is submitted to USCIS. If it is more than six months old, you must include an update that is not more than six months old.





3. Change in marital status. If your change in marital status occurs:







A. While your Form I-600A is pending, you must submit a new Form I-600A that reflects your changed marital status and an updated home study. No new application fee is required, but you must pay any new required biometric services fees.


B. After your Form I-600A has been approved, USCIS will automatically revoke an approved Form I-600A if you are an unmarried petitioner who marries or if you are married and your current marriage ends. Therefore, you must submit an updated home study and a new Form I-600A that reflects your changed marital status (you must pay a new application fee and any required biometric services fees).


C. While your Form I-600 petition remains pending, and you have not previously filed a Form I-600A application, you must submit a new Form I-600 that reflects your changed marital status and an updated home study. (No new petition fee is required, but you must pay any new required biometric services fees.)


4. Change of residence, including a change in the child's proposed residence. If you move to a new state in the United States, you must meet any pre-adoption requirements of that new state if a child is coming to the United States for adoption.



How to File Updates to Your Home Study


If you need to file an updated home study, you must always submit a signed written request and include a copy of the home study that is being updated, including all prior updates (if applicable).


If you need to submit a home study update while your Form I-600A or Form I-600 is pending, submit your updated home study to the USCIS office with jurisdiction over your Form I-600A or Form I-600.


If you need to submit a home study update after USCIS has approved your Form I-600A and while it remains valid, submit your updated home study to the USCIS office with jurisdiction over your Form I-600A.


If you need to submit a home study update, but you did not file Form I-600A, submit your updated home study to the USCIS office with jurisdiction over your Form I-600.


If you need to submit a home study update, but your Form I-600A expired after you filed your Form I-600, submit your updated home study to the USCIS office or the U.S. Embassy or U.S. Consulate that has jurisdiction over your Form I-600.


[new]

















USCIS will review your updated home study to determine whether you and your spouse (if married) are or remain suitable and eligible to adopt a foreign born child.


[Page 7]


Initial Evidence



8. Home Study

If you previously submitted your home study to USCIS with your pending or approved and valid Form I-600A or Form I-600A/I-600, Supplement 3, you do not need to resubmit a copy of it with your Form I-600. However, you must submit a home study with your Form I-600 if you did not previously submit it with your Form I-600A or Form I-600A/I-600, Supplement 3, or if you are requesting a suitability and eligibility determination as part of Form I-600. The only exception to this requirement is if you live in a state where an appropriate state authority must review and approve your home study and submit it directly to USCIS. In all cases, your home study must not be more than six months old when it is submitted to USCIS. If it is more than six months old, you must include an update that is not more than six months old.



3. Change in marital status.


If your marital status changes before you complete the intercountry adoption process, you must submit a new Form I-600A or Form I-600 combination filing with an updated home study. You may not use Form I-600A/I-600, Supplement 3.


[deleted]



























4. Change of residence, including a change in the child's proposed residence. If you move to a new state in the United States, you must meet any pre-adoption requirements of that new state if a child is coming to the United States for adoption.



How to File Updates to Your Home Study


[deleted]


































The location for filing an update to your home study and the items you must include will depend on where you are in the adoption process.


You must submit a Form I-600A/I-600 Supplement 3 with your updated home study unless your Form I-600A or Form I-600 combination filing is pending. If your Form I-600A or Form I-600 combination filing is pending, submit your updated home study to the office reviewing your case; no Form I-600A/I-600 Supplement 3 is required.


USCIS will review your updated home study to determine your suitability and eligibility.


Page 12,

Duty of Disclosure

[Page 12]


Duty of Disclosure



3. Fail to disclose, as required by 8 CFR 204.311, each and every prior adoption home study, whether completed or not, including those that did not favorably recommend you, your spouse, or any adult member of your household for adoption or custodial care.


[Page 12]


Duty of Disclosure



3. Fail to disclose, as required by 8 CFR 204.311, each and every prior adoption home study, whether completed or not, including those that did not favorably recommend you, your spouse, or any adult member of your household for adoption or custodial care.


Pages 12-14,

What Is the Filing Fee?

[Page 12]


What Is the Filing Fee?


The filing fee for Form I-600 is $775 for each petition, unless the children are birth siblings. You do not need to pay the filing fee if:


1. You filed Form I-600A and it was approved or remains pending; and


2. This is the first Form I-600 you are filing (or you are filing multiple petitions for children who are birth siblings), based on your valid Form I-600A.


[Page 13]


You must pay a filing fee for each additional child unless the children are birth siblings.


If you are making a concurrent filing because you did not file Form I-600A and instead are requesting a suitability and eligibility determination as part of your Form I-600, then you must pay a Form I-600 filing fee for each child’s petition, unless the children are birth siblings. If the children are birth siblings, only one filing fee is required.


There are no filing fees for the Form I-600A/I-600 Supplement 1 or Supplement 2.


A biometric services fee of $85 is required for every petitioner, any spouse (if married), and any adult member of the household, unless you filed Form I-600A and you, your spouse, and any adult members of your household are within the 15 month biometric services validity period. For petitioners living abroad, USCIS will inform you if you need to pay a USCIS biometric services fee.


NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS takes on this application. DO NOT MAIL CASH. You must submit all fees in the exact amounts.


Payments by Checks or Money Orders


If you are filing through the USCIS Lockbox, you must submit a separate check or money order for any required filings and biometric services fees. For example, if you are a married couple residing with one adult member of your household and you do not file Form I-600A but instead request a suitability and eligibility determination as part of your Form I-600, you must submit two checks or money orders: one check or money order for the Form I-600A filing fee; and a separate check or money order for an amount that covers all three biometric fees (for you, your spouse, and the adult member of your household).


If you are filing abroad, contact the nearest USCIS international office or U.S. Embassy or U.S. Consulate for instructions on fees and methods of payment.


Use the following guidelines when you prepare your checks or money orders for the Form I-600 filing fee and biometric services fees:


1. The checks or money orders must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


2. Make the checks or money orders payable to U.S. Department of Homeland Security.


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”


Notice to Those Paying by Check.
If you send USCIS a check, we will convert it into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours, and your bank will show it on your regular account statement.


You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, USCIS will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your petition and charge you a returned check fee.


Payments by Credit Card


If you are filing your petition at a USCIS Lockbox facility, you can pay your filing fee and biometric services fee using a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at www.uscis.gov/G-1450, for more information.


How To Check If the Fees Are Correct


Form I-600’s filing fee and biometric services fee are current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps below.


1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and select Form I-600 to check the appropriate fee; or


[Page 14]


2. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.




[deleted]

Page 14,

Where To File?

[Page 14]


Where To File?



[Page 14]


Where To File?



Page 15,

DHS Privacy Notice

[Page 15]


DHS Privacy Notice




PURPOSE: The primary purpose for providing the requested information on this petition is to determine if you have established that a child is an orphan and eligible to be classified as your immediate relative for immigration purposes. For petitioners who do not have a previously approved Form I-600A which remains valid, the information on this petition will also enable USCIS to determine whether you are suitable and eligible to adopt. DHS will use the information you provide to grant or deny your petition.



[Page 15]


DHS Privacy Notice



PURPOSE: The primary purpose for providing the requested information on this petition is to determine if you have established that a child is an orphan and eligible to be classified as your immediate relative for immigration purposes. For petitioners who do not have a previously approved Form I-600A which remains valid, the information on your petition will also enable USCIS to determine whether you are suitable and eligible to adopt. DHS will use the information you provide to grant or deny your petition.



Page 16,

Paperwork Reduction Act


[Page 16]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 1 hour per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated to require 1 hour and 10 minutes. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0028. Do not mail your completed Form I-600 to this address.


[Page 16]


Paperwork Reduction Act


An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 49 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the application. The collection of biometrics is estimated to require 1 hour and 10 minutes. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: U.S. Citizenship and Immigration Services, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0028. Do not mail your completed Form I-600 to this address.



1

File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
File TitleI-600
AuthorMulvihill, Timothy R
File Modified0000-00-00
File Created2023-09-05

© 2024 OMB.report | Privacy Policy