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.

Bilateral Adoption Agreement Between United States and Russia Will Take Effect Nov. 1, 2012

On Tuesday, October 16, 2012, the Department of State (DOS) announced that the Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of Children will enter into force on Nov. 1, 2012.

 Both U.S. Citizenship and Immigration Services (USCIS) and DOS work to promote a safe, ethical, and transparent adoption process for prospective adoptive parents, birth families, and children involved in intercountry adoptions. This Agreement will enhance the safeguards and protections for all involved in adoptions between the United States and the Russian Federation.

 The Agreement’s entry into force on Nov. 1, 2012, will begin a period of transition from the procedures in place before the Agreement to the new procedures called for in the Agreement. Not all of the provisions of the Agreement will take effect immediately on Nov. 1. The USCIS and DOS anticipates that the transition period will take six to nine months to complete. Most cases already in progress as of Nov. 1 will be able continue under the old procedures. However, it will be important to monitor and track the effective dates of various provisions in the Agreement to ensure that cases are in compliance with all the requirements throughout the transition period. USCIS and DOS will be conducting regular outreach in the coming months to ensure that new guidance and information is available.

 The full text of the Agreement and an updated Frequently Asked Questions can be found online at http://adoption.state.gov. Additional information and guidance will be posted on the USCIS website in the future. Please visit www.uscis.gov/adoption and www.adoption.state.gov regularly for the most up-to-date information.

Adoption Agreement Moves Forward for Russia and U.S.

On July 10, 2012, the Russian Duma, the lower house of the Russian Parliament, approved the bilateral adoption agreement signed by Secretary of State Hillary Clinton and Russian Foreign Minister Sergey Lavrov on July 13, 2011.

This marks a significant milestone in the path toward implementing the agreement, which will provide additional safeguards to better protect the welfare and interests of children and all parties involved in intercountry adoptions.

The agreement has also been approved by the Federation Council, the upper house of the Russian Parliament and will now be sent to President Putin for signature. The U.S. and Russia will then need to establish procedures to implement the agreement, which the United States is committed to doing as quickly as possible.

Once the two sides have put in place the necessary procedures for implementation, the agreement will become effective upon the exchange of diplomatic notes between the U.S. and Russian governments.

Adoptions will continue according to the existing procedures while the U.S. and Russian governments work together to implement the new agreement.

The U.S. Department of State and the U.S. Citizenship and Immigration Services (USCIS) will provide information about the new procedures and clear guidance on their websites related to when U.S. families seeking to adopt in Russia will need to begin following the new procedures well before the agreement’s entry into force.

Please monitor adoption.state.gov and uscis.gov for more information and the latest updates.