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Policy Manual
Contents
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INA
8 CFR
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Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
      • Part A - Adoptions Overview
      • Part B - Adoptive Parent Suitability Determinations
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Eligibility, Documentation, and Evidence (Orphan Process)
        • Chapter 3 - Eligibility, Documentation, and Evidence (Hague Process)
        • Chapter 4 - Home Studies
        • Chapter 5 - Action on Pending or Approved Suitability Determinations
        • Chapter 6 - Adjudication
      • Part C - Child Eligibility Determinations (Orphan)
      • Part D - Child Eligibility Determinations (Hague)
      • Part E - Family-Based Adoption Petitions
      • Part F - Citizenship for Adopted Children
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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  1. Home
  2. Policy Manual
  3. Volume 5 - Adoptions
  4. Part B - Adoptive Parent Suitability Determinations
  5. Chapter 1 - Purpose and Background

Chapter 1 - Purpose and Background

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  • Guidance
  • Resources (13)
  • Appendices (0)
  • Updates (2)
  • History (0)

A. Purpose

USCIS must find that a prospective adoptive parent (PAP)[1] is suitable and eligible to adopt for a PAP to complete the intercountry adoption process, whether through the Hague Adoption Convention[2] or orphan (non-Hague) process. Congress gave this authority to USCIS to ensure that only people who can provide proper parental care are approved for intercountry adoption.

USCIS has the sole authority to determine the suitability and eligibility of PAPs for intercountry adoption. USCIS makes suitability determinations based on the evidence in the record, including the PAP’s home study and the results of criminal background and security checks.

B. Scope

The guidance in this Part only applies to Hague Adoption Convention and orphan cases. Certain children may be eligible to immigrate based on a family-based adoption petition,[3] which does not require a USCIS determination of the adoptive parent’s suitability.

C. Background

USCIS must be satisfied that the PAP remains suitable and eligible to adopt a child throughout the intercountry adoption process. This involves a USCIS suitability determination at all the following points:

  • Before USCIS can approve any suitability application, extension request, request for an updated approval notice, or change of country request;[4]

  • Before USCIS (or the U.S. Department of State (DOS), where designated) can approve any intercountry adoption-related petition; and

  • Before DOS issues any immigrant visa and the child immigrates to the United States.

Both DHS and DOS have rules that govern home studies for intercountry adoptions. The Intercountry Adoption Universal Accreditation Act of 2012 (UAA),[5] effective July 14, 2014, impacted requirements for home studies in orphan cases, including home study preparation, home study elements, and the duty of disclosure.[6] As a result and unless an exception applies,[7] Hague Adoption Convention and orphan suitability determinations are now very similar.

D. Legal Authorities

  • INA 101(b)(1)(F) – Definition of a child for orphan process

  • INA 101(b)(1)(G) – Definition of a child for Hague Adoption Convention process

  • 8 CFR 204.3 – Orphan cases under section 101(b)(1)(F) of the Act (non-Hague cases)

  • 8 CFR 204 Subpart C – Intercountry adoption of a Convention adoptee (Hague Adoption Convention cases)

  • 22 CFR 96 – Intercountry adoption accreditation of agencies and approval of persons

Footnotes


[^ 1] In this Part, the term PAP refers to the applicant or petitioner and the PAP’s spouse, if any.

[^ 2] The Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption is referred to in this Part as the Hague Adoption Convention.

[^ 3] See Part E, Family-Based Adoption Petitions [5 USCIS-PM E].

[^ 4] Extension requests, requests for an updated approval notice, and change of country requests are all requests for action on an approved and valid suitability application. For more information on these types of requests, see Chapter 5, Action on Pending or Approved Suitability Determinations [5 USCIS-PM B.5].

[^ 5] See Pub. L. 112-276 (PDF) (January 14, 2013).

[^ 6] The UAA superseded parts of the orphan regulations at 8 CFR 204.3 and made certain portions of the regulations governing adoptions completed under the Hague Adoption Convention at 8 CFR 204.300 through 8 CFR 204.314 applicable to orphan cases.

[^ 7] See the Intercountry Adoption Universal Accreditation Act of 2012, Pub. L. 112-276 (PDF)  (January 14, 2013). For more information on when this Act applies, see The Universal Accreditation Act of 2012 webpage.

Resources

Legal Authorities

22 CFR 96 - Intercountry adoption accreditation of agencies and approval of persons

8 CFR 204 Subpart C - Intercountry adoption of a Convention adoptee

8 CFR 204.3 - Orphan cases under section 101(b)(1)(F) of the Act (non-Convention cases)

INA 101(b)(1) - Definition of child

INA 101(b)(1)(F) - Definition of a child adoptee for orphan process

INA 101(b)(1)(G) - Definition of a child adoptee for Hague Adoption Convention process

INA 101(c) - Definition of child for citizenship and naturalization

Forms

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-600, Petition to Classify Orphan as an Immediate Relative

I-600A, Application for Advance Processing of an Orphan Petition

I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Adoptions

November 19, 2021

U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS.

Read More
Affected Sections

5 USCIS-PM - Volume 5 - Adoptions

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 317.68 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Version History

No historical versions available.

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