U.S. Citizenship and Immigration Services - Policy Memorandum regarding adoption from Nepal
Policy Memorandum
SUBJECT: Nepal Initiative – Filing Form I-600, Petition to Classify Orphan as an Immediate Relative, to Adopt a Child in Nepal; Revision to Chapter 21.5(d) of the Adjudicator’s Field Manual (AFM), AFM Update AD10-47
Purpose
This Policy Memorandum (PM) implements the Nepal Initiative, which centralizes adjudication of clearly approvable Forms I-600, Petition to Classify Orphan as an Immediate Relative (“Form I-600”), filed on behalf of children residing in Nepal and provides petitioners the opportunity to make informed decisions before adopting a child in Nepal.
Scope
Unless specifically exempted herein, this PM applies to and binds all USCIS employees adjudicating Form I-600 petitions filed on behalf of a child residing in Nepal.
Authority
Section 201(b) of the Immigration and Nationality Act (INA), 8 CFR 103.2, and 8 CFR 204.3
Background
The Department of State (DOS) has encountered inconsistent and unreliable documentation regarding the reported abandonment of Nepali children for adoption. As a result, USCIS and DOS suspended the processing of new orphan cases involving Nepali children who are claimed to have been abandoned, effective August 6, 2010. However, a number of cases were already underway as of that date and are now being processed to conclusion.
By limiting the initial approval authority for cases not affected by the suspension to the consular section at the U.S. Embassy, Kathmandu, and by encouraging petitioners to file Form I-600 petitions before adopting a child in Nepal, DOS and USCIS officers will be able to complete the required investigation to determine that the child meets the definition of orphan under U.S. law (the Form I-604 Determination on Child for Adoption) before prospective adoptive parents travel to, or adopt a child in, Nepal. Currently, most prospective adoptive parents file the Form I-600 in Nepal after traveling to, and after completing the adoption of the child (beneficiary) in, Nepal. As a result, irregularities may become apparent to U.S. adjudicators only after the prospective adoptive parents have completed the Nepali adoption of the child and therefore become the child’s legal custodians. Irregularities uncovered at this point can prevent the immigration of the child to the U.S., leaving the adoptive parents and the child in an untenable situation. PM-602-0008: Nepal Initiative – Filing Form I-600, Petition to Classify Orphan as an Immediate Relative, to adopt a child in Nepal; Revision to Chapter 21.5(d) of the AFM, AFM Update AD10-47 Page 2
Policy
Effective August 27, 2010, the U.S. Embassy in Kathmandu, Nepal, will adjudicate any clearly approvable Form I-600 petition that is filed on behalf of a Nepali child residing in Nepal who is claimed to be abandoned and whose case is exempt from the suspension of processing of new Form I-600 Petitions for Nepali children, as announced August 6, 2010.
The exemption applies to cases in which the prospective adoptive parents: 1) received a referral letter from the Government of Nepal’s Ministry of Women, Children and Social Welfare before August 6, 2010, informing the prospective adoptive parents of a proposed match, or 2) are seeking to adopt a Nepali child who has been relinquished by known parent(s) and whose identity and relationship can be confirmed. Petitioners adopting children whose cases are exempt from the suspension will be encouraged to file the Form I-600 with U.S. Embassy, Kathmandu before traveling to, and adopting a child in, Nepal. The petitioners will be advised to send their Form I-600 and supporting documents to their local agency representatives in Nepal who will then deliver the documents to the Embassy. This new process will allow prospective adoptive parent(s) to make an informed decision regarding the eligibility of a child before an adoption takes place.
A public announcement regarding this initiative will be published soon after the release of this memorandum.