VI. OVERSEAS ORPHAN INVESTIGATION

A. Purpose

When an orphan petition is sent to or filed at an American consulate or embassy for possible issuance of an immigrant visa to a child, an overseas orphan investigation takes place as part of normal processing. This investigation is conducted by a Department of State consular officer or a USCIS officer for those posts where the USCIS has an office. The officer will make every effort to expedite the investigation; however, the process can sometimes be lengthy. Before making travel arrangements, adoptive parent(s) going abroad for processing should contact the appropriate American embassy or consulate or USCIS overseas office for details on processing times. The purpose of the investigation is to confirm that:

• the child is an orphan as defined in U.S. immigration law, and
• the child does not have an illness or disability that is not described in the orphan petition

B. Questions About the Child Being an Orphan

If it appears that the child is not eligible for classification as an orphan under the U.S. immigration law, the USCIS will issue a notice of intent to revoke the approval of the orphan petition. When the petitioner receives such notice, he or she is provided an opportunity to submit evidence to overcome the stated grounds for revoking the approval.

C. Illness or Disability

If it is found that the child has an illness or disability which is not described in the petition, the petitioner and spouse, if married, are provided details about the medical condition by either the USCIS or the American embassy or consulate, depending on where the orphan petition was filed. The petitioner and spouse, if married, may then decide whether they still want to bring the child to the United States as an immigrant.

If prospective adoptive parent(s) decide to bring such a child to the United States, the parent(s) should be advised that the child must still be admissible to the United States. Some illnesses will make the child inadmissible. For example, if the child has a communicable disease of public health significance, that child may be inadmissible. Most such grounds of inadmissibility may be waived if certain conditions are met. The prospective adoptive parent(s) should verify with the USCIS that a child’s illness or disability does not make him or her inadmissible. If grounds of inadmissibility do apply, the parent(s) will be told what requirements must be met before the child may legally enter the United States.

D. Fraudulent Practices

Prospective adoptive parent(s) are cautioned to avoid fraudulent adoption practices and agencies or individuals who engage in such activities. They should deal only with reputable sources of children for adoption and make sure that all proceedings which they engage in are legal.

The USCIS has found that foreign children are sometimes stolen from their parents for adoption in the United States. There is also a market for fraudulent documents for children who could be beneficiaries of orphan petitions. Unscrupulous individuals or arrangers entice clients by boasting that theirs is a faster, cheaper, and easier way to adopt children. Adoptive parents are exploited by paying exorbitant fees and never receiving the children, or getting unhealthy children, or being made parties to fraudulent acts.

When the USCIS has reason to believe that an orphan petition may involve fraudulent adoption practices, the overseas orphan investigation is done before the petition is approved. While the investigation is always done as quickly as possible, this may delay the completion of the case. The USCIS makes every effort to ensure that an orphan petition does not involve fraudulent adoption practices. In addition, the investigation is done as a service to the adoptive parent(s). It protects them from a potentially heartbreaking situation that may occur when an adoption is not legal.