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IV. Basic Orphan Petition Procedures

A. Advance Processing
A U.S. citizen who plans to adopt a foreign-born orphan but does not have a specific child in mind can have the immigration paperwork done much faster by using a procedure called "advance processing." Advance processing allows USCIS to first adjudicate the application that relates to the prospective adoptive parent(s) at a local district office. Later, only the part of the petition relating to the child is processed.

Advance processing can also be done in the following case: the child is known and the prospective adoptive parent(s) are traveling to the country where the child is located. However, it is important for the prospective adoptive parent(s) to know that while travel back and forth between the foreign country and the United States is permitted for the prospective adoptive parent(s), the child must remain in the foreign country until processing is completed.

Even though USCIS places a priority on processing orphan petitions, USCIS regulations require that all foreign adoptions undergo an investigation to guarantee compliance with the laws of both the United States and foreign sending country. Because this investigation takes time, prospective adoptive parents are encouraged to take advantage of the advance processing procedure. However, it is important to know that filing an advance processing application is optional. An orphan petition can be filed without the prospective adoptive or adoptive parent(s) ever filing the advance processing application.

Where to file an Advance Processing Application

Advance processing applications are generally filed while the prospective adoptive parent(s) are waiting for a child to be identified. When the child is unknown, the prospective adoptive parent(s) must submit the advance processing application packet to the local USCIS office having jurisdiction over their residence in the United States. USCIS office addresses are located in Section VIII, Part D. Information on which USCIS office has jurisdiction over a prospective adoptive parents residence can be found on the USCIS website at http://www.immigration.gov/graphics/fieldoffices/index.htm .

In cases where a child has already been identified, no advance processing application is necessary. The orphan petition may be filed at the overseas USCIS office having jurisdiction or, if there is no overseas USCIS office, at the American consulate or embassy having jurisdiction.

There are USCIS offices in Aruba, Austria, the Bahamas, Canada, China, Cuba, Denmark, the Dominican Republic, Ecuador, El Salvador, England, Germany, Greece, Guatemala, Haiti, Honduras, Hong Kong, India, Ireland, Italy, Jamaica, Japan, Kenya, Korea, Mexico, Pakistan, Panama, Peru, the Philippines, Russia, Singapore, South Africa, Spain, Thailand, and Vietnam.

Eligibility for Advance Processing

An application for advance processing may be filed by anyone who is eligible to file an orphan petition. An unmarried U.S. citizen may also file the application at least 24 years of age, as long as he or she will be at least 25 when an orphan petition is filed on behalf of an actual child and when the child is adopted. The prospective adoptive parent who signs the “certification of prospective petitioner” on the advance processing application is the prospective petitioner.

Forms Used for Advance Processing

Form I-600A, Application for Advance Processing of Orphan Petition. This form is orange. The required filing fee, which is noted in the instructions or attached to the form, must accompany the application.
FD-258, Fingerprint Chart. Fingerprints for each prospective adoptive parent and for each adult member of the prospective adoptive parents’ household (individuals who are 18 years of age or older) must be taken on Form FD-258.

USCIS will schedule an appointment for fingerprinting after receiving the application. If the application is filed at a USCIS field office in the United States, do not submit fingerprints with the application. However, the fingerprint fee for each household member to be fingerprinted must be submitted with the advance processing application. The fingerprint fee is in addition to the application fee, all payable to U.S. Citizenship and Immigration Services. See "Paying Immigration-Related Fees After March 1, 2003" for more fee information. Note, however, the prospective adoptive parent(s) who reside outside the United States must submit a properly completed FD-258 when filing the application.

The prospective adoptive parent(s) residing abroad may have their fingerprints taken by an American embassy or consulate, U.S. military installation or USCIS office having jurisdiction over their residence. The prospective adoptive parent(s) are exempt from the USCIS fingerprint fee charged in the United States; however, they are subject to fees assessed by the Department of State or Defense. The prospective adoptive parent(s) who choose to be fingerprinted by USCIS personnel overseas may be charged a fee at the time the fingerprints are taken.

According to policy, the USCIS expedites all orphan cases for humanitarian reasons. Nevertheless, it takes a certain amount of time to conduct fingerprint checks even though procedures are in place to ensure that the checks will be done as quickly as possible. This is why a prospective adoptive parent(s) are encouraged to use the advance processing procedures before locating a child for adoption.

Necessary Documents

Proof of the prospective petitioner’s U.S. citizenship

Proof of the marriage of the prospective petitioner and spouse, if married

Proof of legal termination of all prior marriages of the prospective petitioner and spouse or unmarried prospective petitioner, if applicable

Proof that preadoption requirements, if any, of the state of the orphan’s proposed residence have been met This is required when it is known that the adoption will not be done abroad, or when both the married prospective adoptive parents or the unmarried prospective adoptive parent will not personally see the child prior to or during the adoption abroad, and/or the final adoption abroad will not be full and final

A favorably recommended home study. This is a report on the ability of the prospective adoptive parent(s) to care for a child or children. If the home study is not available, it must be submitted within one year from the date of filing the advance processing application, or the application will be considered abandoned. See Section III, D for additional information about the home study.

Decision

The USCIS must decide whether the prospective adoptive parent(s) are able to take care of one or more orphans properly, depending on the number of children they want to adopt. Form I-171H, Notice of Favorable Determination Concerning Application for Advance Processing of Orphan Petition, is sent to the prospective petitioner if the prospective adoptive parent(s) appear to qualify for further processing. This decision, however, does not guarantee that the orphan petition(s) to be filed will be approved. An orphan petition may still be denied because the child does not qualify as an orphan or for other proper cause.

When there is unfavorable information about the prospective adoptive parent(s) or about an adult member of the prospective adoptive parents’ household, and the USCIS concludes that proper care could not be given to a child or children, the USCIS will make an unfavorable decision. As a result, the USCIS will advise the applicant of the action in writing and provide instructions on how to appeal an unfavorable decision.

Filing an Orphan Petition After an Advance Processing Application Has Been Filed

A separate orphan petition must be filed in behalf of each child with separate documentation relating to each child. An orphan petition or petitions may be filed while an advance processing application is pending or within 18 months after the date of an approved application. This date is shown on the Form I-171H, Notice of Favorable Determination Concerning Application for Advance Processing of Orphan Petitions.

No additional filing fee is necessary if only one orphan petition is filed, and if the petition is filed while an advance processing application is pending or within 18 months after a favorable decision on an advance processing application. An additional filing fee is required, however, for any additional orphan petitions. The only exception to this is when more than one petition is submitted by the same petitioner in behalf of orphans who are brothers and/or sisters.

If there has been an unfavorable decision in an advance processing case and the grounds for the unfavorable decision are not overcome, but the prospective adoptive parent(s) file an orphan petition anyway, a filing fee is required. In such cases, the orphan petition will be denied unless the prospective adoptive parent(s) can prove that the grounds for the unfavorable decision no longer apply and that they can take care of a child or children properly.

Where to File an Orphan Petition After an Advance Processing Application Has Been Filed

Normally, an orphan petition is submitted at the same USCIS office where the advance processing application was filed. In fact, when an advance processing application is still pending, the orphan petition must be filed at the same office.

If, after the USCIS has made a favorable decision on an advance processing application, the prospective adoptive parent(s) travel abroad, the orphan petition may be filed abroad. In cases like this, the decision to submit the petition abroad, instead of in the United States, is up to the petitioner.

If the child lives in a foreign country where there is a USCIS office and the petitioner wants to file the petition abroad, the petition is submitted at the USCIS office abroad. If there is no USCIS office in the foreign country, the petition should be filed at the American embassy or consulate having jurisdiction.

The prospective petitioner must state on the I-600A, Application for Advance Processing of Orphan Petition, where the I-600, Petition to Classify Orphan as an Immediate Relative, is to be filed once a favorable decision is made. If the I-600 is to be filed in the United States, it is filed with the USCIS office having jurisdiction over the prospective adoptive parent(s) residence. If it is to be filed at a USCIS office or consulate outside the United States, the I-600A is generally sent to the appropriate office overseas to be associated with the I-600.

Abandonment of Advance Processing

If an orphan petition is not filed within 18 months after the date of the approval of an advance processing application, the application is considered abandoned, and the prospective petitioner is notified in writing. After an advance processing application is abandoned, the prospective petitioner must file either a new application or an orphan petition, if the petitioner later decides to petition for an orphan. In that case a new fee is necessary.

B. Orphan Petition
What is an Orphan Petition?

An orphan petition is a USCIS form which is filed for an immigration benefit in behalf of an actual child who fits the definition of "orphan" according to U.S. immigration law The child’s name, date of birth and other information must be known for such a petition to be filed.

Three Types of Processing

An orphan petition can be filed when a child has been identified and:

an advance processing application is pending or it is within 18 months of a favorable decision in a completed advance processing case, or
no advance processing application has been filed, or
an advance processing application was filed and approved, but no orphan petition was filed during the 18 month period

Forms Used for an Orphan Petition

Form I-600, Petition to Classify Orphan as an Immediate Relative. This form is blue. The required filing fee, which is noted in the instructions or on an attachment to the form, must be paid. One exception is when an advance processing application is pending or when the petition is filed within 18 months after a favorable decision on an advance processing case. Another exception applies when more than one petition is submitted at the same time by the same petitioner in behalf of orphans who are brothers and/or sisters. In such cases, only the fee for the pending or approved advance processing application is necessary.
FD-258, Fingerprint Chart. The FD-258 is not required when an advance processing application is pending or when the petition is filed within 18 months after a favorable decision on an advance processing case. When required, fingerprints must be taken for each prospective adoptive parent and for each adult member of the prospective adoptive parents’ household (individuals who are 18 years of age or older).

If fingerprints are required, the fingerprinting procedures for I-600 petitions are the same as described in Section II, A, Advance Processing.

Necessary Documents

Proof of the child’s age. The petitioner should submit a certificate of the child’s birth if it can be obtained. If the document cannot be obtained, the petitioner should submit an explanation along with the best available evidence of birth, and
death certificate(s) of the orphan’s parent(s), if applicable, or
if the child has only a sole or surviving parent, proof of this fact and proof that the sole or surviving parent is unable to provide for the child’s basic needs, consistent with the local standards of the foreign sending country and that the parent has, in writing, irrevocably released the child for emigration and adoption, or
proof that the orphan was abandoned or deserted by, separated or lost from, both parents, or that both parents have disappeared, or
proof that the child was unconditionally abandoned to an orphanage, if the child is in an orphanage, and
all proof relating to the petitioner as described in Section II, A, Advance Processing, unless this proof was submitted with a pending advance processing application or unless it is within 18 months after a favorable decision in a completed advance processing case, and
if there was no adoption abroad, proof that the pre-adoption requirements, if any, of the state of the orphan’s proposed residence were met. This proof is also required if the orphan has been adopted abroad, but the adoption is not full and final, or if the unmarried adoptive parent, or both married adoptive parents, did not personally see the child prior to or during the adoption proceeding, and
if there was no adoption abroad, proof that the prospective parent(s) have, or a person or entity working on their behalf has, secured custody of the child in accordance with the laws of the foreign-sending country.
If the orphan has been adopted abroad, a final decree of adoption must be submitted. In order to recognize an adoption as full and final, evidence must be submitted verifying that the unmarried adoptive parent, or both married adoptive parents, saw the child prior to or during the adoption proceeding. If only one married adoptive parent or no adoptive parent saw the child prior to or during the adoption, proof must be submitted showing that the prospective adoptive parent(s) have, or a person or entity working on their behalf has, secured custody of the child in accordance with the laws of the foreign sending country.

Decision

" must decide whether the adoptive or prospective adoptive parent(s) are able to care for the child properly, whether the child is an orphan as defined in U.S. immigration law, and whether all other legal requirements have been met. If the petition is approved, an I-171, Notice of Approval of Relative Immigrant Visa Petition, or an I-797, Notice of Action, is sent to the petitioner.

If the petition is denied, the petitioner is notified in writing. The petitioner may appeal that decision. Instructions on how to appeal a denial are included in the notice of denial.

IV. Basic Orphan Petition Procedures

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