INTERCOUNTRY ADOPTION


GUATEMALA

 

September 2007


DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. immigration law governs the immigration of the child to the United States.

The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.

ALERT: The U.S. Embassy in Guatemala has occasionally received reports of Guatemalan police in and around some of the major hotels in Guatemala City attempting to extort money from adopting parents by threatening to take the biological or foster mother and the prospective or adopted child into custody.  We know of no legal basis under local Guatemalan law for such actions and encourage all U.S. citizens who encounter similar experiences to report them immediately to their local lawyer and the American Citizens Services section at the U.S. Embassy in Guatemala City.  Please read the Guatemala Country Specific Information at: http://travel.state.gov/ for updated information about security and other local conditions.

PLEASE NOTE:   The U.S. Embassy in Guatemala schedules specific immigrant visa appointment dates and times for all adoption cases and issues “Pink Slips” that contain this information.  Prospective adoptive parents are urged not to travel to Guatemala until the “Pink Slip” has been issued. 


PATTERNS OF IMMIGRATION OF GUATEMALAN ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Guatemalan orphans:

Fiscal Year       Number of Immigrant Visas Issued
FY 2006                                   4135
FY 2005                                   3783
FY 2004                                   3262
FY 2003                                   2326
FY 2002                                   2419


GUATEMALAN ADOPTION AUTHORITY:
The Social Services Agency Bienestar Social has been named Hague Convention Central Authority for Guatemala.  The Guatemalan Solicitor General’s Office (Procuradoría General de la Nación, PGN) is also an adoption authority in Guatemala.  Adoptions must be finalized through the PGN.


ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS:   Under Guatemalan law, prospective adoptive parents may be married or single and must be at least 18 years old.  There are no requirements for an age-difference between the prospective adoptive parent and the child.  There are also no disqualifying medical ineligibilities. 


RESIDENCY REQUIREMENTS:  The Government of Guatemala has no residency requirements for prospective adoptive parents.


TIME FRAME: Based on the results of a survey conducted by the U.S. Embassy in 2005 of prospective adoptive parents, an adoption of a Guatemalan child takes on average 9 and a half months from start to finish. Since the introduction of the requirement for a second DNA test in August, 2007, up to two weeks of additional processing time should be expected. (See chart below).


ADOPTION AGENCIES AND ATTORNEYS:  Since 1977, adoptions are handled as an administrative matter and attorneys and notaries participate in all aspects of the adoption process within Guatemala.  The U.S. based adoption agency serves as the adoptive family’s agent, and the Guatemalan attorney serves as an agent for the adoptive family’s agency.  Therefore, prospective adoptive parents should be kept informed of all aspects of the identification, care, and adoption process of their prospective adoptive children by the U.S. based adoption agency or agent.

If prospective adoptive parents have hired an agency in the United States to assist in the adoption, the agency is responsible for keeping them informed about their case.  Prospective adoptive parents should ask their agency for the name(s) of their attorney(s) and whether anyone in the attorney's office speaks English, etc.  The United States Government is not in a position to inquire on individual adoption cases from the Guatemalan authorities.

Some families have worked directly with an attorney in Guatemala instead of an intermediary agency in the United States.  Unfortunately, some parents have experienced problems working directly with Guatemalan attorneys, and prospective adoptive parents are encouraged to research their options before selecting an attorney.  The best method of finding a competent attorney is to obtain referrals from families who have had satisfactory experiences working with a specific attorney.  The U.S. Government cannot assume responsibility for the professional ability or personal integrity of Guatemalan attorneys. 

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed. By spring 2008, you will also be able to determine whether an agency has been accredited or approved under the standards of the Hague Adoption Convention.

Please see Important Notice Regarding Adoption Agents and Facilitators at the Department of State Bureau of Consular Affairs web site travel.state.gov.


ADOPTION FEES:  The Solicitor General’s office (PGN) does not charge any fees for adoptions.  Based on the results of a survey of prospective adoptive parents conducted by the U.S. Embassy in 2005, families should expect to pay an average of $27,000 (in a range from $17,300 to $45,000) to adopt a Guatemalan child.  According to Guatemalan press reports, some Guatemalan lawyers charge up to $35,000 for each adoption.  One lawyer quoted in the local press said that he earns between $15,000 and $20,000 per adoption.


ADOPTION PROCEDURES (The following applies to adoption procedures before the Hague Adoption Convention comes into force in Guatemala on January 1, 2008):  Intercountry adoptions in Guatemala are currently processed under a “notarial” system.  Please see the Warning above about processing intercountry adoptions in Guatemala at this time.   In many cases, Guatemalan attorneys personally take physical custody of and propose potential orphans to U.S. adoption service providers, who in turn offer the child/ren to their American client prospective adoptive parents.  If the prospective adoptive parents accept the referral they receive from their U.S. agency, the prospective adoptive parents must provide the attorney with a “power of attorney” to act on their behalf to complete the adoption.

In most cases the same attorney represents the birth parent(s), the adopting parent(s) and the child(ren) in the Guatemalan government proceedings.  When viewed in comparison to normal U.S. legal procedures, this is a conflict of interest, and prospective adoptive parents should take that into consideration when initiating a Guatemalan adoption. 

Prospective adoptive parents must receive receipt of “pre-approval” from the Department of Homeland Security’s U.S. Citizenship and Immigration Services (DHS/USCIS) office in Guatemala before their attorney can submit their dossier to the Guatemalan authorities.  After obtaining clearance from a social worker under the supervision of a family court to proceed with a potential adoption case, the attorney submits the case to the Guatemalan Solicitor General’s Office (Procuradoría General de la Nación, PGN) for review.

The PGN reviews the adoption case for signs of fraud or irregularities before providing its approval for the adoption to proceed.  Once the PGN approves the case, the Guatemalan attorney (the notary) authorizes the adoption deed and registers it at the Civil Registrar where the child’s birth was registered.  The Guatemalan birth mother needs to provide final approval for the adoption at the time of the adoption deed.  Upon registration of the adoption deed with the Civil Registrar, the adoptive parents in the U.S. are legally responsible for their child(ren).  Finally, the Guatemalan attorney requests a second birth certificate listing the new adoptive parents as the legal parents of the child based upon the final adoption.  Following issuance of the new birth certificate and submission of other documents, the attorney then requests and receives, normally on the same day, the child’s Guatemalan passport.  With these final documents, the attorney submits the complete case file, including the I-600 orphan visa petition, to DHS/USCIS in Guatemala.


DOCUMENTS REQUIRED FOR ADOPTION IN GUATEMALA: The Government of Guatemala reviews adoptions on a case-by case basis and will provide information on necessary documents to the U.S. based adoption agency and/or attorney.  The Department of State is not in a position to provide a definitive list of requirements at this time.


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  Please click on the following link for more information about authentication of U.S. documents to be used abroad: http://www.travel.state.gov/law/info/judicial/judicial_701.html.

 

GUATEMALAN EMBASSY AND CONSULATES IN THE UNITED STATES:

Embassy of Guatemala:
2220 R Street, N.W.
Washington, DC. 20008
Tel (202) 745-4952
Fax (202) 745-1908
consul@guatemala-embassy.org

Guatemala also has consulates in Chicago, Denver, Houston, Los Angeles, Miami, New York, and San Francisco.


U.S. IMMIGRATION REQUIREMENTS:  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS) publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, Intercountry Adoption.  The USCIS publication is available at the USCIS web site under Immigration Services and Benefits, and Adoption. The Department of State publication can be found on the Bureau of Consular Affairs web site, travel.state.gov, under “Intercountry Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative, and Form I-600A, Application for Advance Processing of Orphan Petition.  Please see the flyer “How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.


FILING THE ORPHAN PETITION IN GUATEMALA

The Department of State and the Department of Homeland Security’s U.S. Citizenship and Immigration Services (DHS/USCIS) division share responsibility for immigrant visa casework (including adoptions) in those countries where both departments maintain an official presence, as is the case at the U.S. Embassy in Guatemala. 

A DHS/USCIS officer in Guatemala City must review the Petition to Classify Orphan as an Immediate Relative (Form I-600) for completeness, verify the child’s status as an orphan, establish that the prospective adoptive parent(s) have legal custody of the child under Guatemalan law, survey the child’s medical condition, and confirm that the child has the required travel documentation (i.e., a Guatemalan passport).  In all relinquishment cases (where an identifiable birth mother is alleged to have released the child for adoption), DHS/USCIS requires DNA testing to confirm the child’s biological parentage.

Specific questions about your Guatemalan adoption at the U.S. Embassy may be addressed by fax, or e-mail to the Immigrant Visa Unit of the Consular section or to DHS/USCIS. 

The Immigrant Visa Unit of the Consular section at the U.S. Embassy may be reached by:

Email: adoptguatemala@state.gov
Fax at: 011-502-2326-4674

Mail at:
Immigrant Visas/Adoption Unit
U.S. Embassy Guatemala
Unit 3308
APO, AA 34024

The U.S. Citizenship and Immigration Services in the Department of Homeland Security may be reached by:
Email at: Guatemala.Adoptions@dhs.gov
Fax at: 011-502-2331-4342

Mail at:
DHS/USCIS U.S. Embassy Guatemala
Unit 3334
APO, AA 34024


DHS/USCIS REVIEW OF BIRTH MOTHER INFORMATION AND DNA TESTING:    Problems occur when U.S. citizens are encouraged to adopt children who do not meet the U.S. immigration definition of “orphan.”  In some cases, these children may have been obtained by illegal means, perhaps even stolen.  The DHS/USCIS office at the U.S. Embassy requires DNA testing in all cases where an identifiable birth mother is alleged to have released the child, because the use of a false birth mother to release “her child” is  one  method  used to circumvent proper relinquishment procedures.  Occasionally DHS/USCIS must also interview and investigate the birth mother.  The DHS/USCIS and the U.S. Embassy have the legal responsibility to approve I-600 petitions and issue visas only in accordance with U.S. law and to ensure that U.S. citizens do not adopt children who are not eligible for intercountry adoption. 

In order to confirm the parental relationship in sole/surviving parent relinquishment cases and arrange for required DNA tests, the Guatemalan attorney must contact DHS/USCIS at the U.S. Embassy once the child has been identified and prior to submitting the I-600 petition.  DHS/USCIS will not authorize this test until all required documentation has been received.  These documents include the consent of the birth mother to the adoption, her birth certificate and a notarized copy of her “cedula” (national identification card), and the hospital records of the birth.  DHS/USCIS also requires an HIV test to be performed on the mother.  DHS/USCIS may request additional documentation as needed.

Upon review of the documentation, DHS/USCIS will then assist prospective adoptive parents/attorneys in making arrangements for the DNA test.  Upon receipt of a DNA result confirming the parental relationship, DHS/USCIS will either approve the case or refer it for further investigation.  If further investigation is necessary, DHS/USCIS may require an interview with the  birthmother to confirm her consent that U.S. citizens can adopt the child.  If the investigating officer determines that there are no obstacles to the adoption, he or she will approve the birth mother's irrevocable release of the child (“consentimiento”), which must be presented to the PGN.  PGN has an agreement with the U.S. Embassy not to approve any adoption without this original certification.  The purpose of this procedure is to ensure that the child qualifies for a visa under U.S. law before the Guatemalan adoption process is finalized.  This is done to avoid the situation where a child is adopted in Guatemala by U.S. citizens and then is unable to join them in the United States .

DNA tests must be performed by one of the laboratories in the United States approved by DHS.  The Embassy contracts with Guatemalan doctors, referred to as panel physicians, to take the samples necessary for the test.  Fees for the DNA analysis differ among the laboratories, but range from approximately $400 to $600.  Results are generally available within two weeks.  After receiving the results, it can take up to 6 weeks for DHS/USCIS to approve the case.  The fee for taking the DNA samples is approximately $140, which includes packaging of the samples and courier shipment to the laboratory in the United States.

Effective August 6, 2007, the U.S. Embassy in Guatemala requires a second DNA test, to verify that the adopted child for whom an immigrant visa is being requested is the same child matched at the beginning of the adoption process with the birth parent. The Embassy is taking this step in response to concerns about the unregulated adoption process in that country. The Embassy already requires one DNA match between a relinquishing parent and prospective adoptive child as part of the immigrant visa process for Guatemalan children adopted by American citizens. This new procedure applies to adoption cases finalized by Guatemalan authorities and submitted to the Embassy on or after August 6, 2007.

If the result of the DNA examination results in a negative match, the case will be terminated immediately.

1.  FILING THE ORPHAN PETITION WITH DHS/USCIS: Once the Guatemalan adoption is completed, adoptive parents will need to file an I-600 petition on behalf of the child.  Adoptive parents can file either in the United States at the appropriate DHS/USCIS field office or at the DHS/USCIS office at U.S. Embassy in Guatemala.

Filing the I-600 in the United States:

If adoptive parents file their petition in the United States, they will need to refer to the DHS/USCIS web site (http://uscis.gov/graphics/formsfee/forms/index.htm) for forms, instructions, a list of documents to be submitted and methods of submitting the petition.  If the DHS/USCIS field office approves the petition, that office will notify the adoptive parent and also forward notice of the approval to the consular section at the U.S. Embassy in Guatemala.  Once the consular section has received this approval notification, adoptive parents will be provided instructions on appearing for a visa interview.

Filing the I-600 in Guatemala:  

If adoptive parents choose to file their I-600 petition in Guatemala, they must first wait until the adoption has been finalized in Guatemala.  Once the Guatemalan adoption process is complete, the attorney must simultaneously submit: (a) the completed I-600, signed and dated by the adoptive parent(s) and (b) the Guatemalan adoption documents for review and approval to the DHS/USCIS office at the U.S. Embassy in Guatemala City. 

If the adoptive parent(s) has/have seen the adopted child before the adoption was finalized, the attorney should also submit evidence of this such as:  photocopies of the U.S. passport showing the entry stamps issued by Guatemalan immigration authorities.
 
The attorney may submit these documents to a DHS/USCIS official any Monday through Thursday, excluding official holidays, at 9 a.m. at Window 1 of the Consular section, or from 9 a.m. to 4 p.m. at Window 8 of the Consular section.  The DHS/USCIS office will review the documentation and also make sure that the I-600A approval  has been received from a DHS/USCIS.  The attorney may return after two business days Monday through Thursday at 3:45 p.m. to verify that I-600A approval and adoption-related documentation are in order.  If the documents are in order and the family has completed the second DNA test requirement, the attorney will be given a visa appointment letter (referred to as the “Pink Slip”) by Consular Section staff, along with information on obtaining the medical appointment and a specific appointment date and time for applying for the immigrant visa.  If the case is not complete, the attorney will be informed of what additional documents need to be submitted.Update needed on new NVC procedure.  Therefore, it is very important that prospective adoptive parents do not make definitive plans to travel to Guatemala until their attorney has confirmed receipt of the “Pink Slip” with the date and time of their child’s immigrant visa interview appointment.

The following is a summary of documents required in order to submit the final document packet to USCIS in Guatemala:

  1. Original child’s birth certificate in adoptive parent’s name;
  2. Pre-approval to complete adoption process issued by the Department of Homeland Security USCIS Office in Guatemala;
  3. Social study by family court assigned social worker;
  4. Favorable ruling by the Solicitor General’s Office—PGN;
  5. Power of Attorney duly authenticated (petitioners);
  6. Final adoption notarial deed in “protocolo” and Power of Attorney (birth mother).

2. MEDICAL EXAM:
After the “Pink Slip” (visa appointment letter) has been issued, the attorney will schedule the child for a medical examination with one of the Embassy-approved panel physicians.  The Consular Section recommends that adoptive parent(s) make every effort to be present for the child’s medical examination.  This will be the second visit for the child to the panel physician.  Two pediatric clinics and two general practitioners are authorized by the Embassy to perform medical exams.  The medical examination costs $85 for children under age 15 and $100 for children 15 or older, payable directly to the office of the panel physician.  In addition to performing the required examination, the physician will determine whether any required vaccinations remain outstanding.  The necessary vaccinations may be obtained from the panel physician or, for children 10 years of age or younger, the adoptive parent may complete an affidavit promising that the child will receive the required vaccinations within 30 days of entering the United States.  The U.S. Embassy has occasionally found that Guatemalan foster care providers and orphanages fail to obtain the proper vaccinations for the child knowing that the adoptive parents can always complete an affidavit.  Adoptive parents are encouraged to discuss their child's vaccination schedule with their agency so that the adoptive parents’ wishes can be relayed to the foster care provider.


3. THE VISA INTERVIEW WITH THE CONSULAR SECTION:    The Consular section, whose officers and locally hired staff are U.S. Department of State employees, handles the actual immigrant visa applications for children whose American adoptive parents have completed the Guatemalan adoption process.  The final visa interview consists of several steps required by law, regulation and Department of State procedures.  The Consular section’s functions cannot proceed before the DHS/USCIS office has completed its own portions of the process as outlined above.

Adoptive parents (or escorts – see below) and children should appear for the visa interview at the date and time specified on the “Pink Slip”, usually during the week after  DHS/USCIS has approved the I-600 orphan petition and all required documents including the Guatemalan passport and medical exam report have been obtained.  On the morning of the interview, adoptive parents should arrive at the Consular section entrance (on the north side of the U.S. Embassy) on time and show the appointment letter (“Pink Slip”) to the guards at the building entrance.  Adoptive parents may be asked to wait in a short line with other adopting families before they are admitted to the Consular section waiting room. 
Once inside, adoptive parents must wait for each adoption case to be called to Window 5, 6, 7, 8 or 9 to submit all remaining required documents.  When the adoption case is called, the adoptive parents will be given instructions to pay the required fees.  Once the fees are paid, adoptive parents must retain the receipt for later presentation to the consular officer. 

Finally, the consular officer will call the adoptive family for the visa interview.  The consular officer will swear in the adoptive parents and ask for their passport(s) and fee receipt.  The consular officer will review the adoption file with the adoptive parent(s).  The primary petitioner will be requested to sign the visa application, the vaccination affidavit, and, if required, the affidavit of support.  The consular officer will inform the adoptive parent(s) of the type of visa applicable to the case, IR-3 or IR-4, depending on the specific circumstances and hand back the adoptive parent’s passport(s) and fee receipt with the day and time indicated to return to the Embassy to pick up the child(ren)’s passport(s) and immigration packet that will be in a sealed envelope.  Adoptive parents will be reminded to review carefully the information on the child’s visa and packet to ensure that all information is correct before the family departs Guatemala.  The U.S. Embassy cannot make changes to any incorrect information on the visa once the family has departed Guatemala.

At the interview, the Consular officer will determine which type of visa the child will receive.  Orphans receive either IR-3 or IR-4 visas.  IR-3 visas are for orphans adopted overseas by American citizens who have met the child prior to the adoption; IR-4 visas are for orphans where the adoption is not finalized (i.e.-a guardianship decree) or in cases where the child has been adopted in Guatemala, but the adopting parents have not met the orphan prior to the adoption.  For the IR-3 classification, the consular officer will use the Guatemalan entry stamps to verify that both adoptive parents (or the unmarried parent if applicable) saw the adopted child prior to his/her legal adoption in Guatemala.  The date that legal adoption occurs in Guatemala is the date of approval of the adoption signed by an officer of the PGN.  If these conditions are met, the child will receive an IR-3 visa.  Otherwise, the child will receive an IR-4 visa, and the parents will most likely have to re-adopt in their home state.  Note that most escort cases will receive an IR-4 classification, as parents have generally not personally seen the child prior to adoption.


DOCUMENTS REQUIRED FOR THE IMMIGRANT VISA INTERVIEW:

  1. The appointment letter (“Pink Slip”);
  2. If only one adopting parent travels to Guatemala for the immigrant visa interview, he/she should have a recently executed power of attorney that specifically indicates that the power of attorney is for any and all documentation and procedures involved in the adoption and immigration of a named child;
  3. The child's valid Guatemalan passport (issued with the adopting parents’ surname/s);
  4. Medical examination report (according to Embassy instructions in the Adoption Appointment Packet).  The consular section strongly recommends that adoptive parent(s) make every effort to be present for the child’s medical examination.  If the child has a physical and/or mental disability, a notarized statement will be required from the adoptive parents indicating that they are fully aware of the physical and/or mental disability of the child and acknowledge that the Guatemalan adoption process is complete and the adoption has been finalized.  This statement can be included in item 19 of form I-600, and also in the home study if more convenient, in which case a separate notarized statement will not be required;
  5. Two 2 x 2-inch color photographs with a white background.  The child’s face must be clear and facing front.
  6. Form DS-230 completely and correctly filled out with information regarding the child (not the parents).  Wait until the interview with the consular officer to sign the DS-230.
  7. Fee for the immigrant visa application (US$ 380) payable in cash or credit card.  The Embassy accepts Visa, MasterCard, Discovery or American Express.
  8. The adoptive parents' U.S. passports for identification and citizenship purposes and to establish prior visits to Guatemala, if necessary.
  9. For IR-4 cases:
    A) An original Affidavit of Support (Form I-864) signed by the adopting parent who is petitioning for the child’s visa.  If that parent’s income alone is insufficient to meet the poverty guidelines outlined in the Affidavit of Support, the other adopting parent must sign the Agreement of Household Member (Form I-864A)¬ and provide required supporting documents.

    B) A copy of the previous year’s federal tax return as filed with the Internal Revenue Service, including, if applicable, the W-2 and 1099 forms, and all IRS Schedules. The adopting parents do not need to separately attest to the accuracy of the federal income tax return, nor have it notarized; the Concluding Provisions of Part 7 of the Affidavit of Support contain a certification to this effect.


ESCORTS:
If neither adoptive parent plans to travel to Guatemala and the child will be escorted by a third party for the visa interview, the I-600 Petition to Classify Orphan as an Immediate Relative must be filed in the United States and the Consular section must have the official approval notice from DHS indicating its approval of the I-600 petition.  The escort is required to present to the consular officer at the visa interview a recently executed power of attorney that specifically indicates that the power of attorney is for any and all documentation and procedures involved in the adoption and immigration of a named child.  The power of attorney should also include a statement to the effect that the adoptive parent(s) will accept this named child regardless of any medical or developmental issues indicated in the medical examination conducted by the panel physician for the purposes of the immigrant visa interview .

The recently executed power of attorney should also include telephone contact information for the adopting parent(s) in the event that there are any questions that need to be clarified by the consular officer.

A statement from the adoptive parents authorizing the escort to take the child to the United States for the purpose of placing him/her with the adoptive parent(s) can also be included in the judge's authorization for the child to leave Guatemala.  The escort must present at the visa interview an original notarized Affidavit of Support signed by the petitioner who is sponsoring the child, along with the petitioner's previous year’s tax returns (W-2 and 1040) and other documentation as described in the Interview section above.  The escort may present a notarized Vaccination Affidavit signed by the adoptive parent.  The consular section strongly recommends that any escort chosen by adoptive parents already have U.S. citizenship, permanent resident status, or a valid visa.  The consular section will not issue a nonimmigrant visa to an individual based solely on an adoptive parent’s selection of that individual to act as an escort for an adopted child.


BEFORE TRAVELING TO GUATEMALA:
Before adoptive parents make airline reservations for themselves or for an escort and the child, they should confirm with their Guatemalan attorney or U.S. adoption agency that the consular section has issued the appointment letter (“Pink Slip”) with a specific immigrant visa interview appointment date and time.  They should also confirm that:

1. If the paperwork was filed in the United States, that the Consular section has received a notice of approval of the I-600 petition, and the adoptive parent has all required documents for the interview, including the child’s Guatemalan passport and has or can obtain prior to the appointment date the medical exam results.

2. If the I-600 will be filed in Guatemala, that the Consular section has received a notice of approval of the I-600A application, and that the DHS/USCIS office has approved the adoption documents and cleared the adoptive family for the appointment (after review of the Guatemalan adoption paperwork).  Prospective adoptive parents should review the list of required documents to ensure that they are available for the visa interview, including the child’s Guatemalan passport and has or can obtain prior to the appointment date the medical exam results.


Important Note Concerning Fingerprint Validity: Adoptive parents who travel to Guatemala to file I-600s at the U.S. Embassy after the expiration of the fingerprint validity period without getting their fingerprints rechecked will have to pay a fee to have their fingerprints retaken and checked before the I-600 is approved and immigrant visa issued.  Adoptive parents can expect to wait two to three weeks in Guatemala for the fingerprint results to be returned.  For this reason, adoptive parents or prospective adoptive parents whose fingerprints are about to expire may wish to consider redoing their fingerprints in the United States prior to traveling.

The table below will give prospective adoptive parents an idea of the order and timeframe of document filing for both the Guatemala adoption and the U.S. immigrant visa process.

 Step    Form No.   Description    Responsible Office   Confirmation/Document   Expected Timeframe
  1  I-600A  Eligibility of Parents to Adopt overseas (home study, etc.)   US DHS District or sub-Office in the United States   I-171H     6 months (may be done in advance or concurrently with other steps)
   2     Proof of "orphan" status (birth certificates, cedula, hospital records)   Guatemalan  Attorney   USCIS form "Autorizacion para iniciar prueba de ADN"   2 months
(depends on attorney & situation)
  3    1st DNA test submission  Guatemalan Attorney   DNA test results  30 days (after step 2)
  4    DNA test approval  Embassy DHS/ USCIS   Consentimiento (irrevocable release by birth mother) to Guatemalan Attorney 4 weeks (after step 3)
 5   Guatemalan court documents. PGN/ Guatemalan attorney  Protocolo/escritura   2 months (after step 4)
 6    Finalizing the Adoption  Guatemalan Attorney    Adoption Deed   7 days after step 5
  7    Guatemalan Birth Certificate with name(s) of adoptive parent(s) Guatemalan Attorney   Birth Certificate   7 days after step 6
 8   Guatemalan passport  Guatemalan Attorney   Guatemalan Passport   1 day after step 6
  9  I-600  Petition to Classify an Orphan (blue form) and final adoption documents packet
(Form I-600 is filed in the U.S. for escort cases)
 Attorney submits to DHS/USCIS at the U.S. Embassy
(or Form I-600 is submitted to the appropriate DHS/USCIS Field office in the U.S. for escort cases)
 "Pink Slip" interview appointment letter (see new requirement for a second DNA test which must be obtained before a “pink slip” can be issued.

--Approved petition in US for escorts
Normally within three business days following submission to DHS/USCIS at the Embassy
"Pink Slips" are issued M-Th at 3:45p.m.
 10    Medical report  Embassy Approved Doctor, also called a Panel Physician   Sealed Envelope with medical report  Completed after step 9 and prior to the Interview.  The Embassy recommends that adoptive parent(s) be present at the medical appt if at all possible.
  11 DS-230  Immigrant Visa application   Consular Section   Approval at interview   same day as interview
 12  I-864 (for IR-4 cases only)  Affidavit of Support with previous year's tax returns, etc.  Consular Section   Approval at interview   same day as interview
 13  IR-3 or IR-4  Immigrant Visa   Consular Section  Visa and sealed envelope with final documents delivered to adoptive parent(s)  3:30 p.m. the next workday following the interview
  
     
 
U.S. EMBASSY IN GUATEMALA: Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, https://travelregistration.state.gov/, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

The Consular section is located at:
Avenida Reforma 7-01, Zona 10
Guatemala City, Guatemala
Email: adoptguatemala@state.gov
Fax at: 011-502-2326-4674
Website: http://guatemala.usembassy.gov/



ACQUIRING U.S. CITIZENSHIP: Please click on the following link for further information on acquisition of U.S. citizenship under the Child Citizenship Act of 2000: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions about adoption in Guatemala may be addressed to the U.S. Embassy in Guatemala.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m  - 5:00 p.m EST/EDT, Monday through Friday (except Wednesdays 11 a.m - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :

  • Adoption Information Flyers - The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the Intercountry Adoptions brochure.
  • Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.