Asian Journal- The Filipino-American Community Newspaper

Question: We want to adopt, but are unclear of what to do.

We have heard that there some requirements we must follow through the Hague Convention. Can you elaborate?

Answer: On April 1, 2008, the Hague Adoption Convention went into effect for intercountry adoptions between the United States and other Hague Convention countries. If the country you want to adopt a child is not part of this agreement, you do not need to comply with its requirements. USCIS centralized all Hague processing and adjudication at the National Benefits Center (NBC) in Lee’s Summit, Mo. The Hague process requires the filing of Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and then a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative.

Since April 1, 2008, the NBC has received more than 1,300 Hague applications and petitions. The NBC provides end-to-end processing for Hague applications and petitions, and USCIS has found that a majority of cases are incomplete, requiring prospective adoptive parents to submit additional information after they filed their initial application or petition.

Answer: The necessary requirements for an initial Hague application are as follows: It must ensure that your home study is no more than 6 months old at the time that it is filed with USCIS; you must have a Hague accredited agency complete your home study, or have a Hague accredited agency review and approve it, prior to submitting it, along with your Form I-800A to USCIS; and you must submit a Consent to Disclose Information supplement if you would like the NBC to communicate with your adoption service provider on issues related to your case as it moves through processing.

Answer: It became effective for the United States on April 1, 2008, and is an agreement between signatory countries which are working together to ensure protections in intercountry adoptions. These protections include providing adoptees with permanent loving homes; looking after children’s best interests throughout the adoption process; and preventing the abduction, sale or illegal trafficking of children. If the adoptive child’s country of origin is not a Hague Convention country, the Orphan procedures must be followed. This involves filing a Form I-600A, Application for Advance Processing of Orphan Petition, and/or Form I-600, Petition to Classify Orphan as an Immediate Relative. The adoption can be a very emotional process and can take time. Be sure you get the immigration petition right the first time so there is not unnecessary delay.

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Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law by the California State Bar Board of Legal Specialization. He is admitted to the US Supreme Court and the 1st, 2nd, 3rd, 4th, 5th, 6th, 8th, 9th, 10th and 11th Circuit Courts of Appeal. He is also admitted to the California Supreme Court. This firm handles cases both nationally and worldwide. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal relate d immigration issues, asylum, naturalization, citizenship, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The firm’s website is www.eimmigration.org.