Chapter 5 - Action on Pending or Approved Suitability Determinations

A. Overview

Throughout the intercountry adoption process, USCIS must be satisfied that the prospective adoptive parent (PAP) remains suitable to adopt a child. Therefore, it may be necessary for the PAP to request action on a pending or approved suitability determination.

The PAP must submit an updated home study^[1] when any of the following occur before the child immigrates to the United States or before final approval of the child’s immigration petition if the child and PAP will reside outside the United States and do not seek an immigrant visa for the child:

• The PAP wants to request an extension of the suitability application approval or submit a new suitability application after the approval has expired; or

• There is a significant change (that was not previously assessed).^[2]

USCIS does not limit the number of times a home study preparer can update a home study.

PAPs and adult members of the households (AMHs) also may need to update their biometrics throughout the intercountry adoption process.^[3] PAPs and AMHs are not required to maintain continuous biometric validity. However, all biometric background check results must be valid for USCIS to approve a:

• Suitability application;

• Request for action on an approved suitability application; or

• Immigration petition (for the child).^[4]

B. Validity Periods and Extensions

1. Home Study Validity

The home study, or the most recent update of the home study, cannot be more than 6 months old at the time of submission to USCIS.^[5] If a home study will be more than 6 months old at the time of submission to USCIS, the PAP must ensure that it is updated by the home study preparer before submission.

USCIS considers a home study that is valid at the time of submission, to remain valid until the suitability application approval expires or there is a significant change (that was not previously assessed).^[6]

2. Suitability Approval

Orphan (Non-Hague) Suitability Approval

For orphan (non-Hague) adoptions, the initial approval of the suitability application is valid for 18 months from the date USCIS approves the application.

PAPs seeking a one-time, no-fee extension of their suitability application approval should submit a written request and updated home study before their approval expires and may do so up to 90 days before its expiration.^[7]

If USCIS grants the extension request, the extended suitability approval expires 18 months from the expiration of the initial approval notice. After a PAP has used the one-time, no fee extension, the PAP cannot further extend the orphan suitability approval and must instead begin with a new suitability application or combination filing if they are unable to file the child’s immigration petition before the extended suitability application expires.

The PAP may obtain a duplicate suitability approval notice by filing an Application for Action on an Approved Application or Petition (Form I-824), with fee.

If USCIS does not approve a request for an extension of an approved suitability application, it does not serve as a revocation or denial of the original approval notice. For this reason, the PAP cannot appeal or challenge the USCIS decision on the extension request. The PAP has the right to file a new suitability application,^[8] with the required fee and documentation even if USCIS denied the extension request.

Hague Suitability Approval

For Hague adoptions, the initial approval of the suitability application^[9] expires 15 months from the date of the PAP’s biometric-based background check results. A PAP may request an extension of the suitability approval and submit an updated home study up to 90 days before its expiration. USCIS does not limit the number of extensions that a PAP may request. However, if the PAP’s suitability application approval expires before the PAP submits the request, the PAP must file a new suitability application with fee.

To request an extension or duplicate approval notice, the PAP files the Form I-800A, Supplement 3, Request for Action on an Approved Form I-800A (Form I-800A Supplement 3), in accordance with form instructions, with the accompanying fee, as applicable. There is no fee for the first extension request.

C. Significant Changes

USCIS has the discretion to consider any new information or event that might affect a PAP’s suitability to be a significant change that necessitates an updated home study. PAPs must notify USCIS of any significant changes.^[10] Significant changes include, but are not limited to, the following:

• A significant change in the PAP’s household such as a change of residence, marital status, criminal history, significant decrease in financial resources, or a change in the number or identity of children in the home or of AMHs;^[11]

• A change in the number or characteristics of the child(ren) the PAP intends to adopt that was not previously assessed (such as age, gender, nationality, or special needs):^[12]

• A change that requires that the home study preparer address state pre-adoption requirements or address a new state’s requirements if the child will be coming to the United States for adoption and the last home study submitted did not address these requirements;^[13] or

• A change in the country from which the PAP seeks to adopt if the last home study submitted to USCIS did not recommend the PAP for the new country.^[14]

If a significant change occurs, the PAP must notify USCIS and submit an updated home study that reflects the significant change, in accordance with the form instructions.^[15]

1. Significant Change in the PAP’s Household

Significant changes include, but are not limited to, a change in marital status, household composition, residence, financial resources, or criminal history.^[16]

Change in Marital Status

If the significant change that occurs is a change in marital status, the PAP must submit a new suitability application with an updated home study. If the PAP is married, the spouse must also sign the new form. If the change in marital status takes place before USCIS approves the suitability application or combination filing, there is no fee. However, if the change in marital status takes place after USCIS has approved the suitability application, combination filing, or request, the PAP must submit a new version of the appropriate form or request with any appropriate fee.^[17]

Household Composition

The PAP must submit an updated home study if there is any change in the number or identity of children or AMHs in the PAP’s household.

Financial Resources

USCIS generally only considers a change in financial resources to be a significant change if there is significant decrease in the PAP’s financial resources that causes reasonable concern about the PAP’s financial suitability. This includes, but is not limited to:

• Any decrease or loss of assets that impacts the PAP’s financial suitability or puts the PAP’s income below the U.S. Department of Health and Human Services’ (HHS) poverty guidelines; or

• A significant increase in debts or expenses that would impact the PAP’s financial suitability or put the family below the HHS poverty guidelines.^[18] 

Pregnancy

USCIS generally does not consider pregnancy a significant change unless it significantly impacts the household member’s physical, mental, emotional, or behavioral health or significantly decreases the PAP’s financial resources.

Once the household member gives birth, if the child is part of the household, USCIS considers this a change in household composition that counts as a significant change.

Miscarriage

USCIS generally does not consider miscarriage a significant change unless it significantly impacts the household member’s physical, mental, emotional, or behavioral health or significantly decreases the PAP’s financial resources.

Serious Health Conditions

USCIS considers a household member’s development of a serious health condition to be a significant change. Serious health conditions include, but are not limited to, heart attacks, heart conditions requiring operation, cancers, strokes, conditions requiring extensive therapy or surgical procedures, chronic obstructive pulmonary disease, severe respiratory conditions or nervous disorders, mental disorders or dementia, and severe injuries. 

History as an Offender

USCIS considers any change in criminal history or the history of abuse or violence as an offender (substance use, sexual abuse, child abuse or neglect, or family violence), whether or not it resulted in an arrest or criminal charges, to be a significant change.

Child Placement or Adoption

If multiple children are adopted and enter the household at different times throughout the suitability application validity period, an updated home study addressing the addition of a child into the home and an updated suitability application approval is required.

2. Change of Country

A PAP must file for a change of country if the PAP seeks to adopt from a country that is different than what the PAP indicated on the suitability application. A PAP may file for a change of country at any time. USCIS does not limit the number of change of country requests that the PAP may submit.

Orphan (Non-Hague)

The PAP must notify USCIS in writing of a change of country. There is no fee associated with a change of country before the initial approval of the suitability application or for the first change of country request. For any subsequent change of country request, the PAP must follow the suitability application form instructions^[19] to submit an Application for Action on an Approved Application or Petition (Form I-824), with fee. For both first-time and subsequent change of country requests, the PAP must submit an updated home study if the initial approval did not specify the new country.

Hague

There is no fee associated with a change of country before the initial approval of the suitability application or for the first change of country request. For any subsequent change of country request, the PAP must submit a Request for Action on Approved Form I-800A (Form I-800A Supplement 3), with fee. For both first-time and subsequent change of country requests, the PAP must submit an updated home study if the initial approval did not specify the new country.                       

3. Summary of Change and Update Requirements

The following tables provide a summary of the change and update requirements associated with suitability determinations.

Orphan (Non-Hague) Suitability Determinations

Requested Action	Type of Request	PAP Submits to USCIS[20]	Fee Requirement
Extend the validity of an approved suitability application	First time extension	A written request	No fee
Extend the validity of an approved suitability application	Subsequent extensions	A new suitability application	With fee
Change the country from which the PAP is approved to adopt	Before approval of suitability application	A written notification	No fee
Change the country from which the PAP is approved to adopt	After suitability application is approved – first request	A written notification	No fee
Change the country from which the PAP is approved to adopt	After suitability application is approved – second or additional request	An Application for Action on an Approved Application or Petition (Form I-824)	With fee
Notify USCIS of a significant change	Before approval of suitability application or Form I-600	A written notification	No fee
Notify USCIS of a significant change	After approval of suitability application or Form I-600	A written notification	No fee
Notify USCIS of a change in marital status	Before approval of suitability application or Form I-600	A new suitability application or Form I-600 combination filing	No fee
Notify USCIS of a change in marital status	After approval of suitability application or Form I-600	A new suitability application or Form I-600 combination filing	With fee

 

Hague Suitability Determinations

Requested Action	Type of Request	PAP Submits to USCIS[21]	Fee Requirement
Extend the validity of an approved suitability application	First time	A Request for Action on Approved Form I-800A (Form I-800A Supplement 3)	No fee
Extend the validity of an approved suitability application	Subsequent extensions	Form I-800A Supplement 3	With fee
Change the country from which the PAP is approved to adopt	Before approval	A written notification	No fee
Change the country from which the PAP is approved to adopt	After suitability application is approved – first time	Form I-800A Supplement 3	No fee
Change the country from which the PAP is approved to adopt	After suitability application is approved – second or additional request	Form I-800A Supplement 3	With fee
Notify USCIS of a significant change	Before approval of suitability application	A written notification	No fee
Notify USCIS of a significant change	After approval of suitability application	Form I-800A Supplement 3	With fee
Notify USCIS of a change in marital status	Before approval of suitability application	A new suitability application	No fee
Notify USCIS of a change in marital status	After approval of suitability application	A new suitability application	With fee

D. Home Study Update Requirements

1. Contact Requirements

USCIS does not require that the home study preparer conduct another home visit unless the PAP has moved,^[22] the law of the jurisdiction requires it, or the home study preparer requires it. The home study preparer may conduct the home study update by any means of contact.

The home study update must describe the contacts made to update the home study, including the:

• Number of interviews and visits;

• Participants;

• Date(s); and

• Location and type of each contact (such as home visit, other location, telephonic, email, or video conference).

2. Format

USCIS does not prescribe a set format or length for home study updates. A home study update may be either:

• An update that just addresses the circumstance(s) that require the update; or
• A new and complete home study.

USCIS does not accept addendums or corrections that do not address all necessary requirements.

3. Required Screening and Assessments

The home study preparer must assess if anything has changed since the last home study or home study update. If so, the home study preparer must assess what changed, and any impact on suitability.

The home study preparer must update the required screenings,^[23] which requires that the home study preparer:

• Re-ask the questions about abuse or violence;^[24]

• Re-ask the questions about criminal history, and if applicable, rehabilitation;^[25] and

• Update the child abuse registry checks.^[26]

For a home study update, the home study preparer only needs the results of such child abuse registry checks for the current residence and any state or foreign country the PAP or any AMH has resided in since the prior home study or home study update. The home study preparer does not need to recheck child abuse registries for prior residences that were included in a prior home study or prior home study update unless the PAP or any AMH have resided in that state or foreign country since the last check was completed. Child abuse registry checks for the PAP’s state of residence and any place they have resided in since the prior home study (or home study update) must be current^[27] at the time the home study preparer signs the home study update.

The home study update must:

• Include the dates and results of the required screenings and assessments (the updated child abuse registry check and responses to the questions on criminal history or history of abuse or violence);

• Fully address anything that has changed since the last home study or home study update; and

• Confirm that the other areas of the last home study or home study update have not changed.

4. Recommendation, Signature, and Attestations

The home study update must:

• Include a statement from the preparer that the preparer has reviewed the home study being updated and is personally and fully aware of its contents; and

• Address whether the preparer recommends the PAP and the specific reasons for the recommendation.

The home study preparer must sign and date the home study update. The home study preparer’s signature on an update must be original.^[28]

5. Supporting Documentation

The home study update must be accompanied by a copy of the home study that is being updated.

E. Biometrics Validity and Updates^[29]

PAP and AMH biometric-based background check results are valid for 15 months.

In its discretion, USCIS may update or refresh a biometric-based background check result one-time, without fee, for intercountry adoption cases if the 15-month validity period has or will expire before final adjudication of a PAP’s case.^[30] When USCIS receives a no-fee extension or a one-time, no-fee biometrics request, USCIS first attempts to refresh PAP and AMH biometrics rather than requiring a new biometrics submission at an Application Support Center (ASC).^[31] If, for any reason, USCIS is unable to update or refresh a biometric-based background check result,  that person is required to submit biometrics again or failure to do so may result in a denial for abandonment.^[32]

Footnotes

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[^ 1] This Part uses the term updated home study or home study update, rather than amended home study or home study amendment. See 8 CFR 204.311(u).

[^ 2] See Section C, Significant Changes [5 USCIS-PM.B(5)(C)].

[^ 3] For more information, see Chapter 5, Action on Pending or Approved Suitability Determinations, Section E, Biometrics Validity and Updates [5 USCIS-PM B.5(E)].

[^ 4] See the Petition to Classify Orphan as an Immediate Relative (Form I-600). See the Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800).

[^ 5] This means that no more than 6 months have passed since the home study preparer signed and dated the home study. For more information on filing timeframes, see Volume 1, General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 6, Submitting Requests, Section D, Filing Periods Ending on Weekends or Federal Holidays [1 USCIS-PM B.6(D)].

[^ 6] The jurisdiction where the PAP resides and the country from which they are adopting may have additional requirements for home study updates.

[^ 7] For information on submitting extension requests, see the form instructions for the Application for Advance Processing of an Orphan Petition (Form I-600A). See the USCIS Extension and Validity Periods webpage. For more information on filing timeframes, see Volume 1, General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 6, Submitting Requests, Section D, Filing Periods Ending on Weekends or Federal Holidays [1 USCIS-PM B.6(D)].

[^ 8] See the Application for Advance Processing of an Orphan Petition (Form I-600A).

[^ 9] See the Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A).

[^ 10] See Chapter 4, Home Studies, Section P, Duty of Disclosure [5 USCIS-PM B.4(P)].

[^ 11] See 8 CFR 204.311(u)(1)(i)-(iii). See the Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption (PDF, 886.91 KB), PM-602-0165, issued November 9, 2018.

[^ 12] See 8 CFR 204.311(u)(1)(iv).

[^ 13] See 8 CFR 204.311(u)(1)(vii).

[^ 14] See 8 CFR 204.311(u)(1)(v).

[^ 15] See instructions for the Application for Advance Processing of an Orphan Petition (Form I-600A). See instructions for the Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A). See USCIS’ Updated Home Studies and Significant Changes webpage. See USCIS’ Change of Country webpage.

[^ 16] See 8 CFR 204.311(u)(1).

[^ 17] See 8 CFR 304.312(e)(2)(i).

[^ 18] PAPs generally need to demonstrate income at 125% of the poverty level for their household size unless the 100% exemption applies. The HHS poverty guidelines are a key tool that USCIS uses when evaluating financial resources but are not the sole factor.

[^ 19] See instructions for the Application for Advance Processing of an Orphan Petition (Form I-600A).

[^ 20] For information on how to submit certain written requests and notifications, see the USCIS Adoption Contact Information webpage.

[^ 21] For information on how to submit certain written requests and notifications, see the USCIS Adoption Contact Information webpage.

[^ 22] If the PAP has a new permanent residence outside the United States and the adopted child will reside with the PAP there, the home study preparer must complete at least one home visit. The home study update must include a detailed description of where the PAP resides at the time of the update. The primary provider may use a foreign supervised provider (holding any license or other authorization that may be required to conduct adoption home studies in that country) to prepare that portion of the updated home study. An accredited agency must review and approve that portion of the home study. Alternatively, a public foreign authority may complete the update in compliance with U.S. regulations.

[^ 23] See 8 CFR 204.311(i)-(l). For more information on required screenings, see Chapter 4, Home Studies, Section I, Criminal History and History of Abuse or Violence [5 USCIS-PM B.4(I)].

[^ 24] See 8 CFR 204.311(j).

[^ 25] See 8 CFR 204.311(k)-(l).

[^ 26] See 8 CFR 204.311(i).

[^ 27] For more information on child abuse registry checks, see the Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption (PDF, 886.91 KB), PM-602-0165, issued November 9, 2018.

[^ 28] For more information on home study review and signature requirements, see Chapter 4, Home Studies, Section Q, Review, Signature, and Attestation [5 USCIS-PM B.4(Q)].

[^ 29] USCIS follows standard operating procedures when refreshing biometric results.

[^ 30] For more information, see the Background Checks webpage.

[^ 31] Since there are no ASCs abroad, PAPs who reside abroad must submit a completed Applicant Fingerprint Card (Form FD-258) or appear for biometrics collection where available.

[^ 32] For information on unclassifiable prints for the orphan process, see Chapter 2, Eligibility, Documentation, and Evidence (Orphan Process) [5 USCIS-PM B.2]. For information on unclassifiable prints for the Hague process, see Chapter 3, Eligibility, Documentation, and Evidence (Hague Process) [5 USCIS-PM B.3]. For information on failure to appear for interview or biometrics capture, see 8 CFR 103.2(b)(13).