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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
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    • 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
      • Part C - Child Eligibility Determinations (Orphan)
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Eligibility
        • Chapter 3 - Identity and Age
        • Chapter 4 - Eligibility Requirements Specific to Orphans
        • Chapter 5 - Qualifying Adoptive or Custodial Relationship
        • Chapter 6 - Additional Requirements
        • Chapter 7 - Documentation and Evidence
        • Chapter 8 - Adjudication
        • Chapter 9 - Pre-Adoption Immigration Review Programs
      • 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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  2. Policy Manual
  3. Volume 5 - Adoptions
  4. Part C - Child Eligibility Determinations (Orphan)
  5. Chapter 9 - Pre-Adoption Immigration Review Programs

Chapter 9 - Pre-Adoption Immigration Review Programs

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  • Guidance
  • Resources (17)
  • Appendices (0)
  • Updates (2)
  • History (0)

In certain countries, USCIS and the U.S. Department of State (DOS) have implemented Pre-Adoption Immigration Review (PAIR) programs, which require the orphan determination to be completed before the final adoption or grant of custody in the child's country of origin. The sections below outline when the orphan determination is conducted and who conducts it in each country that has a PAIR program.

A. Ethiopia

USCIS may accept orphan petitions filed on behalf of a child from, and physically located in, Ethiopia who is not yet the subject of a final legal custody order or final adoption by a prospective adoptive parent (PAP).[1] PAPs adopting such children may file[2] the orphan petition for a preliminary determination before traveling to and adopting a child in Ethiopia.

B. Taiwan

USCIS accepts orphan petitions filed on behalf of a child from, and physically located in, Taiwan who is not yet the subject of a final legal custody order or final adoption by a PAP.[3] PAPs adopting such children are encouraged to file[4] the orphan petition with USCIS in the United States before traveling to and adopting a child in Taiwan. The American Institute in Taiwan (AIT) may accept orphan petitions but forwards such petitions to USCIS in the United States for a preliminary determination of eligibility.

A PAP should file with USCIS a completed orphan petition together with all required evidence, except the adoption decree or grant of legal custody.[5] In addition, a PAP adopting from Taiwan should submit:

  • Evidence of availability for intercountry adoption generated by the Taiwan island-wide database;
  • Signed adoption agreement between birth parents and PAPs for use in Taiwan district family courts; and
  • Power of attorney appointing the Taiwan adoption service provider to represent the PAPs.

A USCIS officer reviews the petition and supporting evidence and requests that AIT conduct the necessary orphan determination to determine whether the child appears to qualify as an orphan and is otherwise likely eligible to immigrate to the United States based on the orphan petition. If USCIS makes a favorable preliminary determination that the child appears to meet the definition of an orphan[6] and otherwise appears eligible to immigrate, USCIS issues a PAIR letter. This preliminary eligibility determination is not a final adjudication of the orphan petition and is not binding on USCIS. USCIS then forwards the file to AIT.

After the adoption or grant of legal custody is completed, the PAP submits the adoption decree or legal custody order and required identity documents for the child to AIT. AIT then issues the final approval of the orphan petition, if approvable. If AIT determines that the orphan petition is not clearly approvable at that time, AIT returns the orphan petition to USCIS for further processing.[7]

Footnotes


[^ 1] For information on the current viability of intercountry adoption from Ethiopia, see DOS’s Ethiopia webpage. The PAP may be residing in the United States, overseas, or have traveled overseas to complete an adoption.

[^ 2] For filing instructions, see the Petition to Classify Orphan as an Immediate Relative (Form I-600) webpage.

[^ 3] The PAP may be residing in the United States, overseas, or have traveled overseas to complete an adoption.

[^ 4] For filing instructions, see the Form I-600 webpage.

[^ 5] See 8 CFR 103.2.

[^ 6] See INA 101(b)(1)(F) for the definition of an orphan.

[^ 7] See Chapter 8, Adjudication, Section E, Decisions and Actions, Subsection 4, Not Clearly Approvable Cases [5 USCIS-PM C.8(E)(4)].

Resources

Legal Authorities

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

8 CFR 204.1 - General information about immediate relative and family-sponsored petitions

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

8 CFR 204.311 - Convention adoption home study requirements

8 CFR 205.1 - Automatic revocation

8 CFR 205.2 - Revocation on notice

INA 101(b)(1) - Definition of child

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

INA 101(b)(2) - Definition of parent, father or mother

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

INA 201(b)(2)(A)(i) - Immediate relatives

INA 204(d) - Recommendation of valid home study

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

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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