Vietnam Adoptions
Update: May 29, 2008
On October 25, 2007, U.S. Citizenship and Immigration Services (USCIS) announced that USCIS office in Ho Chi Minh City, Vietnam will have sole jurisdiction over all Forms I-600, Petition to Classify Orphan as an Immediate Relative, filed on behalf of a Vietnamese child.
The centralized processing of Forms I-600 in Ho Chi Minh City enables USCIS and Department of State (DOS) officers to determine whether a child identified in the petition qualifies as an orphan, as defined in Section 101(b)(1)(F) of the Immigration and Nationality Act before the prospective adoptive parent(s) travel to Vietnam.
On the same date USCIS announced that it anticipated it would make the determination as to a child’s orphan status within approximately 60 days from the date of receipt of most Forms I-600.
As of March 21, 2008, processing times for pre-approvals, cases where USCIS has determined that the child qualifies as an orphan, averaged 45 days. Ho Chi Minh City has processed approximately 91% of the cases received within 60 days or less. The USCIS Ho Chi Minh City office is unable to respond to inquiries about petitions that have been pending less than 60 days.
Before initiating the verification of the child’s eligibility as an orphan, the USCIS office in Ho Chi Minh City must verify that the submitted Form I-600 is complete. A complete petition includes original signatures and all of the required documentation as outlined in the Form I-600 instructions.
Prospective adoptive parents are advised that failure to provide all required information at the time of filing of Form I-600 will delay processing of the petition. USCIS may not be able to initiate the verification of the child’s eligibility as an orphan until it receives all required documentation with Form I-600.
In addition, please note that in some locations, Vietnamese officials have interfered with the ability of the U.S. Government to conduct independent field inquiries into the status of children identified in I-600 petitions. If a field inquiry is judged necessary in a case and USCIS or US Embassy officials are unable to complete the inquiry, USCIS can not specify a processing time frame for the case. In these situations, USCIS will inform the prospective adoptive parent(s) that there may be a delay due to complications with the field inquiry.
DOS and USCIS have been in contact with Vietnamese Government officials in each location where there have been problems completing independent field inquiries. As a result of these efforts, independent field inquiries have resumed in a number of these locations. DOS and USCIS continue to work towards resolving the problems that have resulted in delayed inquiries in the other provinces.
USCIS recommends checking the US Embassy website for the latest information found in the related links section of this page. USCIS will continue to provide information to prospective adoptive parent(s) when a case is beyond day 60.
Both USCIS and the Department of State are encouraging the Government of Vietnam to enter into the Hague Adoption Convention and the Department of State has offered technical assistance to Vietnam in this regard. USCIS intends to increase its US officer staff in Ho Chi Minh City to assist with processing of I-600 petitions.
Update: October 25, 2007
U.S. Citizenship and Immigration Services (USCIS) announced on October 25, 2007, that the USCIS office in Ho Chi Minh City, Vietnam will have sole jurisdiction over all Form I-600s, Petition to Classify Orphan as an Immediate Relative, filed on behalf of a Vietnamese child on or after October 29, 2007.
In response to growing concerns about irregularities in the methods used to identify children for adoption in Vietnam and the resulting difficulties in classifying those children as orphans, USCIS will centralize processing of I-600s in Ho Chi Minh City.
USCIS encourages prospective adoptive parents to file the I-600 directly with USCIS in Ho Chi Minh City before traveling to Vietnam. This will enable USCIS or Department of State officers to determine whether a child identified in the petition qualifies as an orphan, as defined in Section 101(b)(1)(F) of the Immigration and Nationality Act. This is important because irregularities that may affect the eligibility of the child for classification as an orphan are becoming apparent only after the adoption has taken place and while the parents and child are awaiting resolution in Vietnam. These circumstances have proven difficult to address or overcome for all parties involved.
Prospective adoptive parents are encouraged to file the Form I-600 with the required supporting evidence, other than the adoption or custody decree, by mail or courier with USCIS, Ho Chi Minh City, as follows:
Filing by mail:
United States Consulate General
Ho Chi Minh City
PSC 461 Box 500
FPO AP 96521-0002
Attn: DHS/USCIS
Filing by courier:
United States Consulate General
4 Le Duan Street
District 1
Ho Chi Minh City, Vietnam
Attn: DHS/USCIS
The petitioner will receive a notice of receipt when the USCIS Ho Chi Minh City office receives the Form I-600 and supporting evidence. USCIS will then review the petition and supporting evidence to determine whether the child qualifies as an orphan. In certain cases an administrative field inquiry or a request for evidence will be necessary to make that determination. USCIS anticipates completing most determinations in 60 days.
Once a determination is made, USCIS will notify the petitioner, who may then travel to Vietnam to proceed with the adoption. In cases where it appears the child may not qualify as an orphan, the petitioner will have an opportunity to respond to those findings through established procedures.
USCIS will forward all Form I-600s received in domestic USCIS field offices on or after October 29, 2007 to its Ho Chi Minh City office.
After November 16, 2007, USCIS will not expedite the processing of the Form I-600 solely because the petitioner is in Vietnam. If a petitioner chooses to travel to Vietnam to file the Form I-600 after November 16, 2007, the petition and supporting documents will undergo the same processing as those filed and received by mail.
