Monday, March 24, 2008

All About USCIS

This (really long) post is really for others adopting. Our experience is specific to northern VA and DC, but perhaps it can give others some guidance as well. Since we have two adoptions pending, including one that is taking much longer than 18 months and is now suddenly subject to Hague, we have had a variety of experiences with the immigration process.

First 171H
Getting our first I-171H was relatively straight forward. We filled out the I600A form, submitted the required back-up documents (copies of our passports, marriage license, and birth certificates as far as I recall) and the fee for the I600A processing and fingerprints. Once our home study was complete, our social worker submitted the home study to USCIS to be added to our file. We got a letter about a week later telling us where and when to report to be fingerprinted. And we received our 171H about 6 weeks after the fingerprint appointment.

Fingerprint and Home Study Renewal
In VA, the home study is only good for 12 months. It was clear a year later that our China adoption was not going to be completed any time soon. So we stalled the social worker in completing our home study update as long as we could and got it done in June of 2007.

Fingerprints are good for 15 months, and the 171H is good for 18 months. So in spring of 2007 we sent a letter before our fingerprints expired along with the required fee (just before the free renewal) requesting a new fingerprint appointment. We got a new appointment about a month later, which stated that if we missed our appointment our application would be terminated! In the past, VA allowed you to show up any Wednesday if you could not make your assigned appointment. Luckily we were both in town and got fingerprinted again. Not surprisingly, our fingerprints had not changed in the past 15 months and we got a new 171H showing a new fingerprint expiration date of December 2008 and the same 171H expiration date of December 2007. We planned to submit our home study update in October to USCIS to file for an extension to the 171H since that way the new expiration date would be later.

Change of Country and 171H Renewal
In October we decided to begin the Kazakhstan adoption. We once again had a home study update done – this time indicating approval for the new country. A lot had changed at USCIS since we first applied. For example: VA/DC now states that fingerprint appointments are given about 1 month after receipt of the I600A and home study; 171H approvals come 3 months after fingerprints clear (note 4 months total for new approval!); the home study must accompany the I600A and can only be sent by the social worker, etc. Because of the length of time to get a new 171H, we decided to change our existing one from China to Kaz and reapply for China later.

After e-mailing the orphan petition officer at USCIS several times with questions, we submitted a letter requesting a one time free renewal, a one time free change of country, and a change from one or two girls to one boy. Since the change in gender was considered a material change we also submitted I290B (petition to reopen case) and the associated fee. We attached our existing 171H, which had our new fingerprint expiration date. Our social worker attached our home study update and sent everything to USCIS. We got our new 171H for Kazakhstan about a month later, and they sent us a refund for the I290B!!! The orphan petition officer told us she had made an error on our original approval and it had included a boy or girl. Hopefully we will complete the Kazakh adoption prior to either our fingerprints or 171H expiring again.

Final 171H Approval
Currently, we do not have immigration approval for China. This is not a big deal at the moment as we have so long to wait. Our social worker will complete a new home study update a few months after we are home with our Kazakh child. This way she can make sure everyone is adjusting well. We will then submit a new application for immigration approval. Although our dossier will have been in China for about 3 years by that time, as far as USCIS is concerned it will be treated as a new application. Since the US has just ratified the Hague treaty on inter-country adoption and China is a Hague country, our China adoption will be subject to Hague. Therefore, we will submit the new 16-page I800A instead of the 2-page I600A form. Also, we are required to have 10 hours of training and our agency must be Hague accredited (which they are – thank goodness). IF YOUR PLACING AGENCY IS NOT HAGUE ACCREDITED, DO NOT LET YOUR I7IH EXPIRE if you are adopting from a Hague country such as China.


Our Current Problems
Our new 171H is fine, but when we tried to confirm with the US Embassy in Almaty that they had received the cable from USCIS acknowledging our approval, we found they had not received anything. So they have not received the cable nor the required paper file. In talking with others on Rumor Queen who are working on interim adoptions, this seems to be a common problem whether the change was to Korea, Vietnam, Kazakhstan, etc. Unbeknown to us, our state USCIS asks the National Visa center to send the cable, who sends it to the Embassy in Guangzhou, who is then supposed to forward the cable and file to the new country. Apparently this forwarding is not a high priority for them. We are continuing to follow up, but if we get closer and still have no progress, we may get help from our congressional representative as others have had a lot of success that way.

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