Showing posts with label USCIS. Show all posts
Showing posts with label USCIS. Show all posts

Monday, December 31, 2012

DOS Notice: U.S. Department of State Continues to Recommend Against Adopting from Nepal






Nepal

December 31, 2012


Notice: U.S. Department of State Continues to Recommend Against Adopting from Nepal

The Nepali Ministry of Women and Child Social Welfare (MWCSW) informed the U.S. Embassy in Kathmandu that as of December 2012, there are seven U.S. adoption service providers authorized to facilitate adoptions in Nepal at this time, and another ten U.S. adoption service providers whose authorization is pending payment of a $5000 fee to the Nepal Child Right Fund.  According to the MWCSW, the authorization of all adoption service providers, including those currently authorized and those with pending authorization requests, expires on December 31, 2012.  The MWCSW is currently soliciting new or renewed accreditation by international adoption service providers for dossiers submitted during a two-year period beginning on January 1, 2013.

Before embarking on an adoption in Nepal, prospective adoptive parents are strongly urged to confirm with the MWCSW that their adoption service provider is authorized to facilitate adoptions in Nepal.  Contact information for the MWCSW may be found on the Country Information Sheet for Nepal.  A copy of the MWCSW’s current list of Nepali authorized foreign adoption service providers may be obtained by writing to the U.S. Embassy at adoptionsnepal@state.gov.

By way of background, on August 6, 2010, the U. S. Department of State and U.S. Citizenship and Immigration Services (USCIS) suspended processing of new adoption cases from Nepal involving children claimed to have been found abandoned because documents presented in support of the abandonment of these children in Nepal were unreliable.  Cases involving relinquishment by known birth parent(s) were not affected by the suspension.  In December 2011, the Government of Nepal informed the U.S. Department of State that there may be a small number of children who will be found eligible for intercountry adoption by the Government of Nepal as relinquishment cases.  The U.S. Department of State continues to strongly recommend that prospective adoptive parents refrain from adopting children from Nepal due to grave concerns about the reliability of Nepal’s adoption system and credible reports that children have been stolen from birth parents, who did not intend to irrevocably relinquish parental rights as required by INA 101(b)(1)(F).  We also strongly urge adoption service providers not to accept new applications for adoption from Nepal.

The U.S. Embassy in Kathmandu continues to encourage the Government of Nepal to work with the international community, including the Hague Permanent Bureau, to implement the Hague Adoption Convention and reform its adoption process to protect children and families.

We will continue to keep you updated through adoption.state.gov as additional information is received.  This link will also provide additional information and past adoption notices and alerts on the detailed concerns found in Nepal adoptions.  Please refer to USCIS.gov for Special Instructions for How and When to File Adoption Petitions on Behalf of Nepali Children.



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Friday, August 3, 2012

USCIS Revised Country Information for Nepal

USCIS has published an updated version of its country information for Nepal. According to USCIS, "These revisions do not present any significant updates on adoptions in Nepal . Rather, they consolidate existing information and explain the current process for adopting children from Nepal. As this information is intended to help the public, please feel free to share this information."
  
The revised text of the country information section on Nepal is as follows:
The U.S. Government is currently adjudicating intercountry adoption petitions filed on behalf of Nepali children who have been relinquished by a known birth parent(s) whose identity and relationship can be confirmed.  The U.S. Government is not adjudicating adoption petitions filed for Nepali children who are described as having been abandoned.  On August 6, 2010, the U. S. Department of State and U. S. Citizenship and Immigration Services (USCIS) suspended processing of new adoption cases from Nepal involving children claimed to have been found abandoned because documents presented in support of the abandonment of children in Nepal have proven unreliable. 
USCIS and the U.S. Department of State continue to strongly recommend that prospective adoptive parents refrain from adopting children from Nepal due to grave concerns about the reliability of Nepal’s adoption system.  We also strongly urge adoption service providers not to accept new applications for adoption from Nepal.
The U.S. Government continues to encourage the Government of Nepal to work with the international community, including the Permanent Bureau of the Hague Conference on Private International Law, to implement the Hague Adoption Convention and reform its adoption process to protect children and families. 
There are special filing instructions in place for adoption petitions under the orphan system involving Nepali orphans.  For more information, please see the page called “Special Instructions for How and When to File Adoption Petitions on Behalf of Nepali Children.

USCIS and Department of State Roles
USCIS is responsible for the adjudication of the Form I-600, Petition to Classify Orphan as an Immediate Relative.  In overseas locations where USCIS does not have an office, such as Nepal, USCIS has delegated limited authority to Department of State consular officers at U.S. embassies and consulates to accept in-country filings of Forms I-600 in certain circumstances and to approve petitions that are clearly approvable.  Form I-600 petitions found by the consular officers to be “not clearly approvable” are then forwarded to the USCIS office overseas with jurisdiction over that location for adjudication.  The USCIS office in New Delhi, India, has jurisdiction over petitions filed with the U.S. Embassy in Kathmandu, Nepal.

Recent History
On August 6, 2010, the Department of State and U.S. Citizenship and Immigration Services jointly decided to suspend adjudication of new adoption petitions and related visa issuances for children who purportedly were abandoned in Nepal.  
In early August 2010, a joint assessment team from the U.S. Department of State and USCIS travelled to Nepal and performed a detailed analysis of the evidence being presented to document the abandonment of children in Nepal.  The team found that information presented in support of orphan petitions included vague and self-contradictory testimony and documents.  Local officials were often uncooperative or appeared to purposefully mislead or deter investigations.  The U.S. Government committed to complete the processing of the 65 cases where U.S. families had received an official referral of a Nepali child before the announcement of the suspension (these cases are referred to as “pipeline” cases).
On January 5, 2011, Nepal’s Ministry of Women, Children and Social Welfare announced that children found by the police and considered abandoned will not be available for intercountry adoption until further notice.
In January 2012, Nepal’s Ministry of Women, Children and Social Welfare announced on its website that there may be children who could be considered eligible for intercountry adoption by the Government of Nepal as relinquishment cases (meaning that the children had become orphans by virtue of having been relinquished by their birth parent(s)).  Due to the concerns regarding the reliability of Nepal's adoption system, any future relinquishment cases received by the U.S. Embassy in Kathmandu will require thorough investigations, which may include birth parent interviews and DNA testing.  USCIS cannot estimate the time any investigations may take to complete.  Prospective adoptive parents should be aware that investigations may require significant time and would likely result in an increased financial burden. 
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ecab18a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=ecab18a1f8b73210VgnVCM100000082ca60aRCRD


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Friday, April 22, 2011

U.S. State Department -- Update on Adoptions in Nepal






Nepal -- U.S. State Department

April 22, 2011

Notice: Update on Adoptions in Nepal


Government of Nepal Announces Amendments to 2008 Terms and Conditions

On January 5, 2011, the Government of Nepal, Ministry of Women, Children and Social Welfare (MOWCSW) in its Notice No. 1 announced that children found by the police will not be available for intercountry adoption until further notice. This and other amendments to the Terms and Conditions of 2008 may be found at:

http://www.mowcsw.gov.np/inter-country-adoption-15-en.html


Nepal Forms New Government

On February 3, 2011, in the 17th round of voting, Nepali parliamentarians chose Jalala Nath Khanal as the new Prime Minister. On the same day, Parliament passed a resolution censuring Sarba Dev Ojha, the most recent Minister of Women, Children, and Social Welfare, for negligence, lack of responsiveness, and violation of the parliamentary Committee on Women, Children, and Social Welfare's rules. On March 12, 2011, Khadga Bahadur Bishwakarma was appointed as new Minister of Women, Children and Social Welfare. Bishwakarma previously held this same position from 2007-2009, during the Government of Nepal-imposed suspension of intercountry adoptions.


Assistant Secretary of State for Consular Affairs Janice L. Jacobs' Visit to Nepal

Assistant Secretary of State for Consular Affairs Janice L. Jacobs visited Nepal on February 16-17, 2011. During her visit, she met with officials in the Foreign Ministry, the Ministry of Women, Children and Social Welfare and the Prime Minister's Office. They discussed the United States Government's concern with the lack of integrity and transparency in the adoption system in Nepal.

Assistant Secretary Jacobs encouraged the Government of Nepal to work with the international community, including The Hague Permanent Bureau, to implement The Hague Adoption Convention and reform its adoption process to protect children and families.

Assistant Secretary Jacobs noted that recent changes to the adoption process in Nepal are inadequate to address concerns about the origin of the children being matched for intercountry adoption.

The U.S. suspension on new adoption cases involving abandoned children will remain in place until substantive progress is made on the issues raised by a February 2010 Hague Convention report.


Permanent Bureau meeting with Government of Nepal Adoption Officials in Rome

On March 29, a joint Department of State/U.S. Citizenship and Immigration Services delegation attended meetings in Rome organized by The Hague Permanent Bureau (HPB) and the Italian Central Authority to discuss how to improve Nepal's intercountry adoption and child welfare system. Nepal sent representatives from the Ministry of Women, Children and Social Welfare, and the Intercountry Adoption Management Committee. The two-day meeting involved representatives from 12 major receiving countries (Belgium, Canada, Denmark, France, Germany, Italy, Norway, Spain, Sweden, Switzerland, the United Kingdom, and the United States) as well as participants from UNICEF and Terre des Hommes Foundation.


Update on Adoption Case Processing

Since the August 6, 2010 announcement that the Department of State and U.S. Citizenship and Immigration Services (USCIS) were suspending processing of new adoption cases from Nepal that involve children who are claimed to have been found abandoned, sixty four families filed Form I-600 petitions with the U.S. Embassy in Kathmandu on behalf of their adoptive children. Of these, Embassy Kathmandu found six petitions approvable and sent 56 petitions to the USCIS office in New Delhi as "not clearly approvable." One case in which the Form I-600 was recently filed with Embassy Kathmandu is under investigation by the Consular Section. USCIS approved one case after an initial review, and sent 55 families Requests for Evidence (RFE) asking for additional information in their case. As of April 15, 2011, USCIS found those 54 petitions approvable after reviewing additional information submitted by the families. One petition remains pending. Embassy Kathmandu has issued 46 immigrant visas to the beneficiaries of those petitions; the remaining families are in the process of finalizing their adoptions and applying for their adopted child's immigrant visa.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=nepal_3



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Tuesday, November 9, 2010

USCIS Updates Nepal Pipeline Q & A Page

U.S. Citizenship and Immigration Services (USCIS) has posted new Questions & Answers regarding Form I-600A approvals, significant change requests, the validity of fingerprint clearances, and requesting extension of an I-600A approval for Nepal pipeline cases. The new information can be found at the link below:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b170992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Saturday, August 28, 2010

USCIS: File I-600 in Kathmandu prior to travel/adoption

USCIS Announces Change to Filing Location for Nepali Adoption Petitions
Update

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today announced that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing of adoption cases involving Nepali children claimed to have been found abandoned, should file the Form I 600, Petition to Classify an Orphan as an Immediate Relative, with the U.S. Embassy in Kathmandu, Nepal.

This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension.
* The first group is those who received a referral letter from the Government of Nepal’s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child.
* The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.

USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.

To file the Form I-600 petition with the U.S. Embassy in Kathmandu, prospective adoptive parents should complete and sign the Form I-600 and send the Form I-600 with all required supporting documents and evidence, other than the adoption or custody decree, to their respective local agency representatives in Nepal. The local agency representatives may then deliver the documents directly to the American Citizen Services Section of the U.S. Embassy in Kathmandu. Based on this filing, the U.S. Embassy in Kathmandu will then complete the required orphan determination before prospective adoptive parents travel to, or adopt a child in, Nepal.

Following this procedure will protect the interests of the prospective adoptive parents and the children by ensuring that the adoptive children will be eligible to immigrate to the United States before the prospective adoptive parents travel to Nepal and complete the Nepali adoption process. It is anticipated that most determinations will be completed within 90 days of receipt of the case by the U.S. Embassy in Kathmandu.

If, after completing its investigation of the case, the Embassy finds that the child qualifies as an orphan under U.S. immigration law, the prospective adoptive parents will be notified in writing that they may travel to Nepal to complete the adoption process.

For addition information about filing a Form I-600 petition at the U.S. Embassy in Kathmandu, please visit www.adoption.state.gov. Guidance for prospective adoptive parents of Nepali children is available online at http://www.uscis.gov/ .

For more information on USCIS and its adoption programs, visit http://www.uscis.gov/adoption .

From USCIS

Last updated:08/27/2010
Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Saturday, August 14, 2010

PEAR Response to Suspension of Adoptions in Nepal

PEAR Response to the August 6, 2010 Suspension of Adoptions from Nepal to the US

On August 6th, PEAR participated in the conference call held by the USDOS and USCIS in which they jointly announced their decision to suspend processing cases of anonymously abandoned children in Nepal. PEAR is saddened by the necessity of a suspension in Nepal. We believe that the best place for a child to grow is in a loving home. For the legitimately abandoned orphans in Nepal, a suspension will mean the delay or a loss of a permanent home for these children.

Because it is so important for children who need homes to find homes, we believe that inter-country adoption can have a place in a country’s child welfare plans. However, we strongly believe that adoption needs to be in the best interests of the child – and therefore all steps must be taken to ensure that all children placed are truly in need of homes.

Unfortunately, Nepal has a long history of corruption in its inter-country adoption program. There are many documented cases of children placed in orphanages for temporary care being adopted internationally without their parent’s consent. In countries with limited social welfare systems, like Nepal, a temporary orphanage placement is often the only option available to a parent during a crisis. It should not, however, lead to the child being placed for adoption without the parent’s consent.

PEAR hoped when the new program opened in 2009 that would mean a fresh start for the Nepal inter-country adoption program and a reduction in the kind of corruption and ethical violations that had previously plagued many adoptions from Nepal and resulted in the May 2007 closure. Our hopes seem to have been misplaced.

The Reasons

According to the USDOS1 and news reports2, one of the children referred to the first three US families traveling to Nepal was a child whose parents were searching for her. This little girl, Karuna, was placed in the orphanage by her parents for temporary care. Her identity was changed; she was declared to be an abandoned child; a false police report was created; and she was referred for adoption to a US family. Meanwhile, the parent’s requests for her return were refused by the orphanage several times. The prospective adoptive family was in Nepal when Karuna was finally returned to her parents.

On June 22, 2010, eKantipur.com published an article about Smriti3, a girl whose mother placed her in an orphanage for temporary care. During a regular visit to the orphanage to see her daughter, the mother learned Smriti had been adopted by a family in Italy. Her abandonment documentation is alleged to have been falsified. On June 25, 2010, Italy suspended adoptions from Nepal4.

The USDOS reports that, in recent months, there have been more cases of allegedly “abandoned” children – whose families were actively searching for them – being referred for adoption with falsified abandonment documentation. Given the small number of adoptions cases reviewed, this is a shockingly high percentage.

When a child is truly abandoned and turned over to an orphanage as an unknown child, documents are generated. There will be reports of whoever found the child and where the child was found. There will be a police report of the finding and a newspaper report alerting the community of the lost child. Eventually, if the parents cannot be found, new identity documents will be created. The USCIS (and the prospective adoptive parents) need to be able to rely on the authenticity of these documents. These documents need to reflect the real situation of each legitimately abandoned child.

Due to the falsifications in some paperwork, the USCIS conducted field reports to investigate the documents submitted for abandoned children. Either they were unable to confirm how and where the child was found and/or they were prevented from speaking with Nepali officials named in the documentation. The documents submitted could not be relied upon to reflect the child’s true situation, and therefore the child could not meet the legal criteria for an orphan visa.

In other words, USDOS has reason to believe that the entire chain of paperwork for some alleged orphans in Nepal is fraudulent. Compounding the allegedly fraudulent documents is the refusal by Nepali officials to reasonably investigate claims concerning the legitimacy of documents or to cooperate with USDOS.

The Warning Signs

The USDOS has issued at least 7 Notices and Alerts about adoption in Nepal since June 2009. These increased in severity: from concern about the safeguards in the new adoption procedures; to warning Adoption Service Providers (ASPs) not to accept new clients; to advising prospective adoptive parents (PAPs) to change to a different country; and finally to the suspension. In the Appendix, PEAR has excerpted important text from these Notices and Alerts.

PEAR believes that whenever the USDOS issues a warning about adoption issues in a sending country, it should be read with the utmost scrutiny by PAPs, as these warnings are not issued unless there is a specific cause for concern. As USDOS does not usually archive its warnings, it may be difficult for PAPs to notice that the warnings have been changed or updated.

PAPs should also be aware that it is highly unusual for USDOS to issue so many warnings about one country's program within such a short period of time. For example, of 67 USDOS Notices and Alerts that PEAR has posted from 2008 to 2010, at least 7 have been for Nepal. It is very significant that over 10 percent of the USDOS alerts/notices have pertained to one newly opened program.

The Nepal Program 2009-2010 and Available Children

When the Nepal program reopened in 2009, there was a huge rush of ASPs to open programs there, as well as a rush of PAPs to submit dossiers in Nepal. Nepal licensed 63 ASPs in 2009, and an additional 19 in 2010. In an April 12th eKantipur article5, MoWCSW officials reported that there were 534 registered adoption applications, and only 520 children available for adoption. In addition, while 90 percent of the US applications requested a child under 18 months, most of the registered children were 3 years or older.

Similarly, a 2005 study6 on children’s homes in Nepal surveyed 335 children’s homes with 8,821 children under age 18. The author estimated 80% of all the children’s homes in Nepal were surveyed and that the data would be representative of the unsurveyed homes7. Seventy percent of the children were in regular contact with their families8. Only 1 percent of the children had no information about the parents9. Fifty-nine percent were 10 years or older and only 7 percent were under age 510. Twenty percent of the 8,821 children were double orphans11 who might qualify for adoption under Nepal’s laws, but presumably, the majority of these children were over age 10.

Clearly, there was a mismatch in the information provided to PAPs about the number and ages of children in Nepal available for adoption.

We believe that Nepal should not have licensed additional ASPs in 2010, given the lack of legally available children and completed adoptions for already licensed ASPs.

We also believe that responsible ASPs should not have promoted Nepal as a viable alternative for most families considering inter-country adoption once the current problems were officially brought to light in September 2009.

Unethical Adoptions and Wrongful Referrals, Past and Present

We encourage you to read the recent articles about Karuna’s reunion with her family, Smriti’s adoption, and the historical articles about Nirmala Thapa’s three children12, Sunita Bhattarai’s son13, Mitra Bahadur Thapa and Rama Karki’s son14, and Padam Bahadur Shahi’s son15. These children and their parents were permanently separated by an unethical child placement system.

The Nepali closure in 2007 was brought about by the numerous reports of children adopted illegally, including the situations referenced above and of an allegedly abandoned 6-year-old girl who told embassy personnel that she was 8, had a family, and did not wish to be adopted16.

Children reported to be “abandoned” plunged after the May 2007 closure, as documented by both Nepali police Women and Children Service Centre (WCSC) data17 and Gorkhapatra newspaper publications18 of abandonments. This data supports the evidence that abandonments were falsified specifically to place children for inter-country adoption.

The ASPs and Their Member Organizations

We believe that ASPs and their member organizations played a role in creating the situation in Nepal by failing to properly present the Nepal adoption program to their clients, including the lack of children available in the age range most requested, the warnings issued by DOS, the limitations and known fraudulent paperwork of the Nepali system, and its history of corrupt practices. ASPs who continued to promote and recruit prospective adoptive parents for Nepal after the DOS issued warnings opposing this should be held accountable for the pain and financial loss these families are suffering.
  • We encourage ASPs to take responsibility for their role in this situation by allowing PAPs to transfer to another program or offering full refunds.
  • We encourage ASP member organizations to hold their members to higher ethical standards and to actively promote ethical adoptions.
We understand that the JCICS, an ASP member organization, is requesting full contact and personal information from affected PAPs and asking them to allow JCICS to advocate for them. While we fully support every PAP’s right to seek assistance, we question the role of the JCICS in attempting to clean up a problem that was encouraged by its member organizations. What did the JCICS do to encourage ethical behavior by ASPs and the Nepali officials in order to prevent the suspension, particularly in light of the repeated and increasingly severe warnings by USDOS beginning in June 2009?

Our Suggestions
  • PEAR encourages PAPs who had hoped to adopt from Nepal to join together with other PAPs and explore avenues for promoting the reopening of Nepal under an ethical and transparent process that supports and respects the entire triad, not just the ASPs and their in-country facilitators, orphanages, and Nepali officials. We are willing to speak with any and all families and to assist them in exploring ethical avenues for assistance.
  • We hope Nepali officials will cooperate with USCIS investigators, especially in the cases of children referred prior to the deadline.
  • We advise families that while there is no suspension for legally relinquished children, this process is very difficult in Nepal and rarely happens. The USDOS reports that there have been no relinquished children submitted for adoption by US parents since the program re-opened in 200919.
  • We advise families who are officially matched with children, and who also choose to proceed with the adoption, to be patient and expect long delays while in Nepal and understand they may not be successful if they proceed.
We are certain that PAPs want to provide a home for a child who needs a one, and not for a child stolen, tricked, or coerced from another family.



1 USDOS, Nepal Adoption Notice, (Feb 17, 2010)

2 Claire Cozens, Nepal's stolen children point to flawed system, (Agence France-Presse, Mar 1, 2010)

Om Astha Rai,
Dalit couple foils adoption of offspring, (Republica, Feb 24, 2010)

Gopal Sharma, International adoption resumes for Nepalese children, (Reuters, Sep 10, 2009)

3 Pratima Baskota, Fake police document to adopt a girl, (eKantipur.com, Jun 22. 2010),
English translation

4
Commission for International Adoptions, (Italy, Jun 25, 2010)

5 Baby dearth snags adoption, (eKantipur.com, Apr 12, 2010)

6 Rudramati Marg,
Study of Children in Children's Homes in Nepal, (June 2005)

7 Ibid. page 41

8 Ibid. page 39

9 Ibid. page 50

10 Ibid. page 26

11 Ibid. page 27

12 IRIN, NEPAL: Concern rising over illegal adoptions, (Sep 2, 2008)

Lucia Mari Bueno, Un drama lejano: los niños vendidos de Nepal, (El Pais, Sep 17, 2004)

13 Alessandro Gilioli, Premiata Macelleria delle Indie, Chapter 24: Mercanti di Bambini, (Rizzoli, 2007)

Joseph Aguettant, Andrea Koller, Anand Tamang, Moni Shrestha, and Marlene Hofstetter, Adopting: the rights of the child, A study on intercountry adoption and its influence on child protection in Nepal, (UNICEF and Terre des homes Foundation, Aug 2008), Page 40

14 Bueno, Un drama lejano: los niños vendidos de Nepal, op. cit.

Razen Manandhar, Duped whammy: Torture Follows trickery, (The Himalaya Times, Sep 25, 2004),
Also here page 6

15 Thomas Bell,
On Sale, (Nepali Times, Issue 339, March 9, 2007)

Lekhnath Pant, Irregularities rife in adoptions, (Kathmandu Post, Mar 8, 2007)

16 Aguettant et al., Adopting: the rights of the child, op. cit., page 8

17 Ibid., page 20

18 Ibid.

19 USDOS,
Nepal Adoption Suspension: Frequently Asked Questions, (Aug 6, 2010)

Appendix of USDOS Notices and Alerts

PEAR Response to the August 6, 2010 Suspension of Adoptions from Nepal to the US Full Statement in PDF format


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Saturday, August 7, 2010

USCIS -- Questions & Answers: U.S. Suspension






Questions & Answers: U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

Q. Why is the United States government suspending adoptions from Nepal?

A. The Department of State and U.S. Citizenship and Immigration Services (USCIS) have decided to suspend processing of new adoption cases from Nepal that involve children who are claimed to have been found abandoned, because documents presented in support of the abandonment of these children in Nepal have been found to be unreliable and circumstances of alleged abandonment cannot be verified because of obstacles in the investigation of individual cases.

Q: Adoptive parents have received immigrant visas for their Nepali children from the U.S. Embassy in Kathmandu as recently as a few weeks ago. What has changed since then?

A. A review of recently processed cases established a disturbing pattern indicating that available documentation cannot be relied upon to make determinations that a child reported abandoned qualifies as an orphan under U.S. immigration law.

Q: Does the suspension apply to all cases or only to cases in which a child was allegedly found abandoned?

A. The suspension applies only to cases where a child is alleged to have been found abandoned.

Q. When is the suspension going into effect?

A. The suspension is effective as of August 6, 2010, for all new adoption cases involving children from Nepal who have been reported abandoned.

Q. What is a “new” adoption case that will be covered by the suspension?

A. The suspension applies to cases in which the Government of Nepal has not issued an official referral letter to prospective adoptive parents to propose a match with a specific child from Nepal who has been reported abandoned. If the Government of Nepal has issued the referral letter prior to August 6, 2010, the case will be considered in the pipeline of existing cases and will continue to be processed. If no such referral letter has been issued prior to August 6, 2010, the case will be suspended.

Q. Based on what authority is the U.S. government suspending adoptions from Nepal?

A. The Department of State has concluded that the documentation presented for children reported abandoned in Nepal is unreliable. Without reliable documentation, such children cannot meet the definition of orphan under U.S. immigration law. Based on this determination and obstacles in the investigation process the U.S. government has suspended the processing of new adoption cases that involve children who are reported abandoned.

Q. What evidence does the U.S. government have to support the suspension?

A. The Department of State’s ongoing interactions with the Government of Nepal and the review of numerous cases, including field visits to orphanages and police stations, led them to conclude that information regarding how children arrive at orphanages is consistently inadequate and that documents presented to establish that a child was found abandoned are unreliable. Investigations of abandonment cases have been hampered by the unavailability of officials involved in reports of abandonment, and police and orphanage officials’ refusals to allow consular officers access to police and orphanage records.

Q. Has the U.S. government made any effort to address the problems with the Government of Nepal?

A. The U.S. government, in cooperation with other countries that are active in intercountry adoptions, has consistently encouraged the Government of Nepal to ratify and implement the Hague Adoption Convention. Nepal is a signatory to the Convention. We have also urged the Government of Nepal to implement the recommendations made by the Hague Permanent Bureau Intercountry Technical Assistance Program (ICATAP) as a first step toward fulfilling its commitment as a signatory to the Convention. We believe that the Hague Adoption Convention incorporates the best practices in intercountry adoption, which are intended to protect the rights of the children and the families involved in intercountry adoption.

Q: Will there be any exceptions to the suspension?

A. No. Prospective adoptive parents who the Government of Nepal has matched with a child reported abandoned after August 6, 2010, will not receive a decision on a petition for that child.

Q. Are there any cases in Nepal that do not involve children reported abandoned?

A. Not at the present time. However, in the case of a relinquishment by known birth parent(s), the application would be processed under normal procedures. DNA evidence may be necessary to establish the relationship between the birth parent(s) and child.

Q. When will adoptions from Nepal resume?

A. We are unable to predict when adoptions involving children who are reported abandoned in Nepal will be able to resume. We encourage the Government of Nepal to implement sufficient protections to ensure the integrity of the intercountry adoption process.

Q. What will happen to families who are already matched with a child from Nepal?

A. The suspension applies to abandonment cases in which the prospective adoptive parents have not yet been matched with a child from Nepal. The Government of Nepal’s Ministry of Women, Children and Social Welfare issues an official “referral letter” to inform prospective adoptive parents of a proposed match. If the Government of Nepal has issued the official referral letter prior to August 6, 2010, the case will be processed to conclusion. In light of concerns regarding the validity of documents supporting abandonment cases in Nepal, the cases will be carefully investigated and only those in which there is sufficient credible evidence to conclude a child has been found abandoned will be approved.

If consular officials at the U.S. Embassy in Kathmandu determine that a case is not clearly approvable, they are required to forward the Form I-600, Petition to Classify an Orphan as an Immediate Relative, to the USCIS office in New Delhi for review. USCIS and the Department of State will process each case individually, based on the evidence presented and the results of the investigation. If additional information is required to complete the processing of any particular case, USCIS will request additional evidence specific to the facts of that particular case, and the prospective adoptive parents will have an opportunity to respond.

Q. How many cases are in the “pipeline”?

A. Based on information provided by the Government of Nepal, we estimate that there are approximately 80 cases in which U.S. families have been matched with a child in Nepal, but in which the Form I-600 petition has not been adjudicated or a visa has not been issued.

Q. Can a family that has begun the process of adopting in Nepal decide to adopt a child from a different country now?

A. Yes. If prospective adoptive parents have already filed or received approval of a Form I-600A, Application for Advance Processing of an Orphan Petition, that specifies Nepal as the country from which they intend to adopt, they are permitted to request one no-fee change of country. If the prospective adoptive parents have already filed a Form I-600 on behalf of a Nepali child, they may withdraw the petition. Upon withdrawal of the petition, the prospective adoptive parents may request a change of country and file another Form I-600 petition on behalf of a different child, as long as their Form I-600A approval remains valid.

Q. What are other countries that process adoptions of Nepali orphans doing?

A. Belgium, Canada, Denmark, France, Germany, Israel, Italy, Norway, Spain, Sweden, Switzerland, and the United Kingdom have recently suspended adoptions in Nepal based on similar concerns.



Last updated:08/06/2010




Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Friday, August 6, 2010

MEDIA: US suspends adoption from Nepal (Republica)

US suspends adoption from Nepal

Republica
Kiran Chapagain

KATHMANDU, Aug 6: The US has suspended inter-country adoption from Nepal from Friday, questioning the authenticity of the system that has been marred by fraudulence and irregularities.

"In order to protect the rights and interests of certain Nepali children and their families, and of US prospective adoptive parents, the Department of State and US Citizenship and Immigration Services (USCIS) have jointly decided to suspend adjudication of new adoption petitions and related visa issuance for children who are described as having been abandoned in Nepal," the Department of State said in a statement on Friday.

Nepal´s adoption system has been questioned by the Western countries following publication of a report by The Hague Conference on Private International Law, an intergovernmental organization, in February this year.

The report based on an investigation by a group of lawyers had accused Nepal´s adoption system of widespread abuse. It had also called for suspension of adoption from Nepal until the system is reformed.

Following the publication of the Hague report, eleven Western countries including the US, have suspended adoption officially and unofficially from Nepal. Earlier Canada, Denmark, Germany, France, Norway, Sweden, Switzerland, Spain, Italy and the United Kingdom had suspended adoptions from Nepal.

The US decision is likely to force the Ministry of Women Children and Social Welfare to suspend inter-country adoption altogether.

No official from the ministry was available to comment on the US decision. But Secretary at the Ministry Mahendra Shrestha had told myrepublica.com in July that the government would suspend adoption from Nepal if the US also halted adoption.

A team from the Department of State had recently visited Nepal to interact with government officials.

The team had investigated numerous abandonment cases, including field visits to orphanages and police departments. Its investigation found that documents present to describe and "prove" abandonment of children in Nepal were unreliable, according the statement.

"Civil documents, such as the children´s birth certificates often include data that has been changed or fabricated. Investigations of children reported to be found abandoned are routinely hindered by the unavailability of officials named in reports of abandonment," the US said in the statement.

In March, the US had issued an alert notice to prospective adoptive US parents, expressing concern over Nepal´s adoption system and the accuracy of the information in children´s official files.

kiran@myrepublica.com

Published on 2010-08-06



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

USCIS/DOS Joint Statement: U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) and the Department of State today issued a joint statement on the decision to suspend processing for new adoption cases based on abandonment in Nepal.

Joint Statement

In order to protect the rights and interests of certain Nepali children and their families, and of U.S. prospective adoptive parents, the Department of State and U.S. Citizenship and Immigration Services (USCIS) have jointly decided to suspend adjudication of new adoption petitions and related visa issuance for children who are described as having been abandoned in Nepal.

The Department of State’s recent interactions with the Government of Nepal and its efforts to review and investigate numerous abandonment cases, including field visits to orphanages and police departments, have demonstrated that documents presented to describe and “prove” the abandonment of children in Nepal are unreliable. Civil documents, such as the children’s birth certificates often include data that has been changed or fabricated. Investigations of children reported to be found abandoned are routinely hindered by the unavailability of officials named in reports of abandonment. Police and orphanage officials often refuse to cooperate with consular officers’ efforts to confirm information by comparing it with official police and orphanage records. In one case, the birth parents were actively searching for a child who had been matched with an American family for adoption. Because the Department of State has concluded that the documentation presented for children reported abandoned in Nepal is unreliable and the general situation of non-cooperation with and even active hindrance of investigations, the U.S. Government can no longer reasonably determine whether a child documented as abandoned qualifies as an orphan. Without reliable documentation, it is not possible for the United States Government to process an orphan petition to completion.

To the best of our knowledge, all other countries that had been processing adoption cases from Nepal have stopped accepting new cases due to a lack of confidence that children presented as orphans are actually eligible for intercountry adoption.

The suspension of adjudication of new adoption petitions on behalf of Nepali children reported as found abandoned is effective as of the date of this statement. Any petition filed for a child who has been presented as found abandoned and who was matched with a prospective adoptive parent prior to the date of this announcement, as evidenced by an official referral letter from the Government of Nepal, will continue to be adjudicated on a case-by-case basis and in light of the totality of the evidence available. The Department of State will reach out to prospective adoptive parents who meet this criteria. Petitions that continue to be adjudicated will only be approved if they are supported by reliable evidence. Every effort will be made to process their cases as expeditiously as possible with the best interests of children in mind.


Last updated:08/06/2010

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c720992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Or Tiny url: http://tinyurl.com/USCISNepalNotice

FAQs can be found here:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b170992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

OR Tiny URL: http://tinyurl.com/USCISNepal-FAQs

PEAR will issue a statement discussing the suspension shortly.

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Thursday, October 15, 2009

US Embassy in Kathmandu Not Conducting Preinvestigations

On September 29, 2009, the DOS issued an Adoption Notice for Nepal that contained the following statement:

"As part of required processing for orphan adoption cases, the Embassy conducts a thorough investigation of each case. Prospective adoptive parents should be aware that the investigation process may take several months, which could mean that prospective adoptive parents who travel to Nepal before the investigation is completed will need to spend a significant amount of time in country."

Some US adoption agencies and prospective adoptive parents interpreted this statement to mean that the Embassy would be conducting pre-investigations and completing the investigation prior to the family traveling to Nepal. PEAR contacted both the US Department of State, Office of Children's Issues and US Embassy in Nepal for clarification on the statement. According to both the Office of Children's Issues at the Department of State and the Adoption Unit at the US Embassy in Nepal, visa investigations commence after the final adoption decree and no pre-investigations are occurring at this time.

PEAR has been in continued discussions with the DOS to change the Adoption Notice to correctly reflect the process in order to avoid confusion and misinterpretation. At this point, the DOS and US Embassy are consulting on the proper wording for the Notice.

We will update with any further information as we receive it.


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Tuesday, October 13, 2009

IMPORTANT UPDATE: USCIS I 600 and I 600a Processing

The USCIS sent out the following news release on October 6, 2009:

USCIS Update: Change of Filing Location for Form I-600 and I 600A

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a new address for prospective adoptive parents to submit Form I 600, Petition to Classify Orphan as an Immediate Relative, and Form I 600A, Application for Advance Processing of Orphan Petition. While the change takes affect today, applicants have a 30-day transistion period before USCIS will return incorrectly filed petitions.

Applicants were previously required to file at a local USCIS field office. The Direct Mail Program allows USCIS to process applications more efficiently by eliminating duplicative work, and maximizing staff productivity.

Beginning today, applicants in the United States, who are filing to adopt an orphan, must submit Forms I 600, I 600A, and all supporting documents and fees to the following address:

Regular Mail:

USCIS
P.O. Box 299027
Lewisville, TX 75029


Express Mail and Courier Service deliveries:

USCIS
ATTN: Hague
2501 S. State Hwy. 121 Business, Suite 400
Lewisville, TX 75067


USCIS will forward incorrectly-filed Forms I-600A and I-600, application fees and supporting documents to the Lewisville, Texas facility for the 30 days, until Friday November 6, 2009. Forwarded applications will be considered properly filed when received at the Lewisville, Texas facility.

Beginning Monday November 9, USCIS will return to the applicant any Form I 600 or I 600A, and supporting documents, incorrectly submitted to a USCIS office in the United States. The applicant will be instructed to mail the application to the Lewisville, Texas address. However, applicants may continue to file extensions of approved Forms I-600A at their local USCIS field office. More information is availible on the revised form instructions.

Prospective adoptive parents, who reside abroad, may continue to file the Form I-600A with a USCIS international office, or they may send the petition to the Lewisville, Texas address if they have an address in the United States they plan to return to.

U.S. citizens outside the United States may continue to file the Form I-600 at a U.S. Embassy, U.S. Consulate or USCIS office abroad that has jurisdiction to accept the petition. However, in order to file a Form I-600 petition abroad, the petitioner must have an approved Form I-600A and be physically present in the country where they are filing.

The I-600A and I-600 form instructions have been updated to reflect the new filing locations. They are be available under the "Forms" section. The forms are also available by calling the National Customer Service Center at 1-800-375-5283.

For more information on USCIS and its programs, visit www.uscis.gov.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0179ac5df6b24210VgnVCM100000082ca60aRCRD&vgnextchannel=8d5e901bf9873210VgnVCM100000082ca60aRCRD

Tiny URL: http://tiny.cc/TtlTe

PEAR has contacted USCIS to confirm the address for Express Mail and Courier Service Deliveries being labeled "ATTN: Hague". We will update when we receive an answer.






Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/