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Q: Why is USCIS issuing this announcement now?A: USCIS is issuing this announcement now as a precaution to prospective adoptive parents with approved Forms I-600A so they understand what options are available to them if their approvals are due to expire, and they have not yet filed a Form I-600. This guidance is important for prospective adoptive parents who are pursuing an adoption from another Hague Convention country.
Q: My Form I-600A was filed before April 1, 2008 (Implementation of Hague Convention). Is it possible to extend the Form I-600A approval?
A: Yes. An approved Form I-600A is valid for 18 months. If no Form I-600 has been filed, a prospective adoptive parent may request a one-time, no-charge extension of an approved Form I-600A. To request this extension, submit a written request for an extension of your approved I-600A to the USCIS office that approved your Form I-600A. There is no specific form to fill out. An updated home study needs to be submitted with the written request for a one-time, no-charge extension of your valid, approved Form I-600A. Submit the request no earlier than 90 days before the expiration of the I-600A, but before the approval expires. If your request for an extension is approved, the validity of the Form I-600A will be extended 18 months from the expiration date of the original approved Form I-600A.
Q: I have already received a one-time, no-charge extension of my Form I-600A for an adoption from a Hague Convention country. My extension is due to expire and I have not filed a Form I-600 (because I’m waiting to be matched with a child). Is my Form I-600A considered “grandfathered” and can I re-file Form I-600A or am I now required to file Form I-800A?
A: DHS regulations allow only one “extension” of the approval of a Form I-600A. If that extension is also scheduled to expire, the only alternative is to file a new Form I-600A, with a new filing fee. Generally, a Form I-600A may not be filed after April 1, 2008, for the adoption of a child from a Hague Convention country. Under 8 CFR 204.300(b), however, a case may continue as an orphan case if a Form I-600A was filed before April 1, 2008. USCIS interprets this provision as permitting prospective adoptive parents whose Form I-600A approval is still in effect, but is about to expire, to file a new Form I-600A, as long as they file the new Form I-600A before the current approval expires.
A new Form I-600A that is filed after April 1, 2008, will be considered “grandfathered” only if:
(a) the new Form I-600A is filed before expiration of a previous Form I-600A AND
(b) the previous Form I-600A that is about to expire was itself filed before April 1, 2008; AND
(c) no Form I-600 has been filed on the basis of the previous Form I-600A.
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