USCIS Unable to Approve Cambodian Adoption Petitions

The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.

However, the U.S. Department of State (DOS) has determined that Cambodia does not have a fully functional Hague Adoption Convention process. Accordingly, DOS consular officers still cannot certify that adoption decrees or custody orders obtained in Cambodia for children who habitually reside there were issued in compliance with the Hague Adoption Convention.

Without this certification, USCIS cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. 

Because U.S. prospective adoptive parents cannot complete the immigration process for an adopted child from Cambodia, USCIS advises these parents:

               Not to file any Form I-800 to adopt a child from Cambodia, as the USCIS National Benefits Center will reject these petitions; and

               Not to file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, identifying Cambodia as the country from which they intend to adopt.

USCIS will promptly advise the public when DOS determines that Cambodia has a fully functional Hague Adoption Convention system. If DOS makes this determination, USCIS will begin processing Forms I-800 for adoptions from Cambodia.

The United States suspended orphan visa petition processing in Cambodia on Dec. 21, 2001, due to the inability to verify that any particular Cambodian child is an orphan as defined in U.S. immigration law. This suspension remains in effect for any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed before April 1, 2008.

Fingerprints ('Biometrics') and the Immigration Process

Fingerprints

USCIS requires applicants and petitioners for certain immigration benefits to be fingerprinted for the purpose of conducting FBI criminal background checks. To better ensure both the quality and integrity of the process, USCIS processes fingerprint cards for immigration benefits only if an authorized fingerprint site prepares them. Authorized fingerprint sites include USCIS offices, Application Support Centers (ASCs), and U.S. consular offices and military installations abroad.

In general, USCIS schedules people to be fingerprinted at an authorized fingerprint site after an application or petition is filed. USCIS charges a set fee per person (for most applicants) at the time of filing for this fingerprinting service. Please check the instructions on your Immigration application or petition form to find out if you must be fingerprinted.

The following three points apply for all immigration benefits applications requiring an FD-258 fingerprint check filed with USCIS after March 29, 1998:

1.          Do not submit a completed fingerprint card (FD-258) with your application. Your application will be accepted without the fingerprint card attached. If you submit a completed fingerprint card with your application on or after March 29, 1998, the card will be rejected and you will be scheduled to be fingerprinted by USCIS.

2.          Do submit fee, in addition to the application fee, payable to USCIS, with your application. The fee is noted at the top of our Forms and Fees page. This charge will cover the cost for you to be fingerprinted by USCIS.

3.          After USCIS receives your application, USCIS will provide you with an appointment letter with the location of the nearest USCIS authorized fingerprint site. Please read the instructions in the appointment letter, and take it to USCIS authorized fingerprint site when you go to your fingerprint appointment.

Exceptions:

Applicants and petitioners residing abroad who are fingerprinted at a United States consular or military installation abroad do not need to be fingerprinted by USCIS and are exempt from the fingerprint fee. These applicants and petitioners must file their completed card at the time their application or petition is filed.

The following forms are subject to exceptions to the above requirements.  

               Special Fingerprint Instructions for Form I-600, "Petition to Classify Orphan as an Immediate Relative (Orphan Petition," and Form I-600A, "Application for Advance Processing of Orphan Petition (Advance Processing Application)"

               Form I-589, "Application for Asylum and for Withholding of Removal"