Adoption Processing of Children from Vietnam Still Waiting for a New Agreement 15 Feb 2012

In October 2010, the consulate general allowed certain visa cases to have expedited appointments at the request of the Consulate’s executive office, or at the request of local Vietnamese employees. As a result of the OIG report, this practice was stopped.

Vietnam Revisited - Part 1

(1) Traces of mutual suspicion still linger from the Vietnam War– which the Vietnamese call the "American War." However, trade between the US and Vietnam has increased 17-fold in the past decade.

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Adoption Processing of Children from Vietnam Still Waiting for a New Agreement 15 Feb 2012

(02/16/2012 06:56 AM) (Viewed: 754)

The adoption agreement between the United States and Vietnam expired on September 1st, 2008.   At that time, both nations agreed to stop processing new adoption cases until the United States and Vietnam sign a new agreement.

In 2008, the Department of State and United States Citizenship and Immigration Services (USCIS) strongly encouraged prospective adoptive parents not to try to find children to adopt in Vietnam until after a new adoption agreement between the two countries has been signed.   The situation has not changed during the past three and a half years.

The processing of adoption cases for children from Vietnam will resume when the United States and Vietnam enter into a new agreement on adoptions, or when the Government of Vietnam begins to follow the Hague Convention on Inter-country Adoptions.

In April last year, it was announced that the United States Agency for International Development (USAID) was contributing to a new United Nations Children’s Fund (UNICEF) program to help officials create regulations meeting international standards covering child adoption in Vietnam. Since September 2008, Vietnam has worked closely with UNICEF to reform its adoption system, with a new Law on Adoption taking effect on January 1, 2011.

However, on February 2nd this year, it was announced that US CIS is unable to resume processing of adoptions from Vietnam.   The Department of State (DOS) has determined that Vietnam has not proven capable of meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). As a result, DOS consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration.

USCIS can only approve a Form I-800 in a Hague Convention adoptee case after DOS has issued a certification of compliance under the Hague Adoption Convention and the Intercountry Adoption Act of 2000. At this time, DOS cannot issue certificates in Vietnamese adoption cases. Until further notice, USCIS will not be able to approve any Form I-800 that is filed on behalf of a child to be adopted from Vietnam.

Before the U.S. and Vietnam ratified the Hague Adoption Convention, Vietnamese intercountry adoption cases were processed on USCIS Forms I-600A, Application for Advance Processing of Orphan Petition, and I-600, Petition to Classify Orphan as an Immediate Relative. These intercountry adoptions took place under a bilateral agreement between the U.S. and Vietnam that expired Sept. 1, 2008. On Oct. 16, 2008, USCIS announced the U.S. and Vietnam would not resume new adoption cases until both countries signed either a new bilateral agreement or Vietnam agreed to, and complied with, the Hague Adoption Convention.

USCIS will promptly advise the public when DOS determines Vietnam can meet its obligations to the Hague Adoption Convention, which will allow USCIS to process Forms I-800 for adoptions from Vietnam.
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Q. 1. Adopting a child from Vietnam is not possible now. What options are available to prospective adoptive parents.

A.1. The obvious option is to adopt a child in the States.   There are Asian children available for adoption and the process of adopting a child in America is certainly less costly than an overseas adoption.

There is another option, but it is one that is rarely used. For example, if a child is officially adopted in Vietnam before reaching 16 years of age, and the child lives with the adoptive parent for two years, then that child can be included among the family members who are petitioned by the US relative. In this situation, there must be convincing evidence that the child’s natural parents had little or no contact with the child following the adoption and that the adoption was not done just for immigration purposes.

ROBERT MULLINS INTERNATIONAL     www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue,   Westminster CA 92683           (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122           (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823        (916) 393-3388
42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM       (848) 3914-7638

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(1) Traces of mutual suspicion still linger from the Vietnam War– which the Vietnamese call the "American War." However, trade between the US and Vietnam has increased 17-fold in the past decade.

A few months after immigrating to the US, she returned to Vietnam for a six month stay. Then she came back to the US, stayed for only one month, and returned to Vietnam again. Her relative asked us what CIS will do if the woman continues to spend so much time in Vietnam.

In the denial process, the first step that CIS takes is sending a Notice of Intent to Deny. This notice includes the reasons why CIS suspects that the relationship is not genuine. Within the time allowed by CIS, the applicant must provide a convincing rebuttal with substantial supporting evidence.

This usually means we are referring to the spouse, parent or unmarried child of a US citizen, or a fiancée who has married her sponsor within 90 days of entry to the US.

The processing of adoption cases for children from Vietnam will resume when the United States and Vietnam enter into a new agreement on adoptions, or when the Government of Vietnam begins to follow the Hague Convention on Inter-country Adoptions.

Congressman Rivera says “This bill provides an opportunity for young people who have established long-standing ties in the United States, and who have a desire to serve our country, to fulfill their goals of serving in the military and achieving the American dream. If these young people are willing to die for America, then certainly they deserve a chance at life in America.”

To participate in this program, applicants must currently possess a valid 10-year U.S. passport book, upload an acceptable digital photograph and make an online payment in U.S. dollars via Pay.gov.

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