LexisNexis® Legal Newsroom
Adoption snafu threatens 24-year-old with deportation

"To understand why the Liebers are in this predicament, you have to go back to Adam’s birth. His mother said she adopted him when he was just 11-months-old. Her father made the arrangements, adopting Adam from the Phillipines. Adam Lieber said Marci is the only mother he’s ever known...

USCIS Unable to Resume Processing Adoptions from Vietnam

Released Feb. 2, 2011: Intercountry Adoptions Under the Hague Adoption Convention WASHINGTON – "U.S. Citizenship and Immigration Services (USCIS) today announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative , filed on behalf of a...

On Father's Day, Visa Laws Block Family Reunification

"Jhan Jensen’s fingers barely graze the screen of the iPad. It’s the closest he can get to his 14-month-old daughter. For more than 11 months, these once-a-week video conferences are sources of joy and pain. She has taken her first steps, graduated from baby formula to Cheerios and started...

USCIS Interim Memo for Comment: Guidance for Determining if an Adoption is Valid for INA Purposes

USCIS Interim Memo for Comment: Guidance for Determining if an Adoption is Valid for INA Purposes USCIS, July 9, 2012 Posted: 07-18-2012 Comment period ends: 07-31-2012 This memo is in effect until further notice.

USCIS Interim Memo for Comment: Home Studies; Intercountry Adoptions

The Jurisdiction of Amended Home Studies and the Application of Home Study Age; Restrictions for Prospective Adoptive Child(ren) in Intercountry Adoption Cases INTERIM MEMO FOR COMMENT Posted: 08-08-2012 Comment period ends: 08-21-2012 This memo is in effect until further notice.

USCIS Russian Adoptions Engagement on Thursday, October 18, 2012

U.S. Citizenship and Immigration Services sent this bulletin at 10/16/2012 10:22 AM EDT Dear Stakeholder, U.S. Citizenship and Immigration Services (USCIS) and the Department of State (State) invite interested parties to participate in a stakeholder engagement concerning the U.S.-Russian...

Department of State and Russian Authorities issue joint statement on Adoption Agreement's entry into force

Text of the Agreement FAQ: Bilateral Adoption Agreement with Russia "A joint Department of State and U.S. Citizenship and Immigration Services team traveled to Moscow September 26 – 28 to meet with Russian officials to discuss implementing procedures for the Agreement between the...

USCIS Intercountry Adoption Memo

"This policy memorandum (PM) provides guidance in two distinct areas pertaining to suitability determinations in intercountry adoption cases: 1. Jurisdiction over the suitability determination when an approved Form I-600A, Application for Advance Processing of Orphan Petition, expires, but a...

USCIS Policy Memo: Guidance for Determining if an Adoption is Valid for Immigration and Nationality Act (INA) Purposes

"This policy memorandum (PM) amends the Adjudicator’s Field Manual (AFM) to provide guidance on whether an “adoption” is valid for immigration purposes." - USCIS, Nov. 6, 2012 .

FAM Update: Adoption Case Processing Guide in Non-Hague Countries

7 FAM 1700 APPENDIX A, ADOPTION CASE PROCESSING GUIDANCE IN NON-HAGUE COUNTRIES - ( CT:CON-426; 11-26-2012 ) (Office of Origin: CA/OCS/L) [Thanks to Eugene J. Flynn, Esq ., for spotting this.]

USCIS Unable to Approve I-800 Petitions to Adopt Children from Cambodia

USCIS, Jan. 2, 2013 - " The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on...

Taiwan implements a Pre-Adoption Immigration Review requirement for all adoptions by U.S. citizens of children residing in Taiwan

"In January, the Taiwan Child Welfare Bureau issued an administrative order that requires all adoption cases filed on behalf of U.S. prospective adoptive parents with the Taiwan courts to undergo the U.S. PAIR process. The order applies to all currently licensed Taiwan adoption services providers...

CA9 on Adoption, Chevron, Due Process: Amponsah v. Holder

"We hold that the BIA’s blanket rule against recognizing nunc pro tunc adoption decrees constitutes an impermissible construction of § 1101(b)(1) and that case-by-case consideration of nunc pro tunc adoption decrees is required. Accordingly, we grant the petition and remand for further...

Advance Copy of DOS Final Rule: International Adoption Simplification Act

"This rule amends the Department of State’s regulations relating to adoptions in countries party to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption to include a new adoption provision from the International Adoption Simplification Act...

DOS Final Rule: International Adoption Simplification Act

"This rule amends the Department of State’s regulations relating to adoptions in countries party to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption to include a new adoption provision from the International Adoption Simplification Act...

Ethiopia Will Implement Pre-Adoption Immigration Review (PAIR) Requirement

" The government of Ethiopia informed the United States that, effective Sept. 1, 2013, it will require all adoption cases filed by United States prospective adoptive parents to undergo the U.S. PAIR process. Ethiopia’s Ministry of Women, Children and Youth Affairs (MOWCYA) will require a PAIR...

USCIS Policy Memo: Ethiopia Pre-Adoption Immigration Review

"This policy memorandum (PM) implements the Pre-Adoption Immigration Review (PAIR) of Forms I-600, Petition to Classify Orphan as an Immediate Relative (“Form I-600”), filed on behalf of children from, and physically located in Ethiopia. Effective September 1, 2013, the Government of...

USCIS Liberalizes Criteria for Determining Habitual Residence in Some Hague Convention Adoption Cases

"Under the Immigration and Nationality Act (“INA”), there are three ways that adopted children can qualify as the children of a U.S. citizen parent for purposes of acquiring lawful permanent resident status, and generally derivative U.S. citizen status, through that adoptive parent....

DOJ Charges Visa Fraud in Ethiopian Adoptions

"Four current and former employees of International Adoption Guides Inc. (IAG), an adoption services provider, have been indicted by a grand jury in South Carolina for allegedly conspiring to defraud the United States in connection with IAG’s adoption services in Ethiopia. IAG is a South Carolina...

Interim USCIS Memo on Adoptions: PM-602-0103, June 30, 2014

Guidance on the Implementation of the Intercountry Adoption Universal Accreditation Act of 2012 and the Consolidated Appropriations Act, 2014 in Intercountry Adoption Adjudications This policy memorandum (PM) provides guidance on the implementation of the Intercountry Adoption Universal Accreditation...

BIA on Adoption: Matter of R. Huang, 26 I&N Dec. 627 (BIA 2015)

Official Headnote: The beneficiary of a visa petition who was adopted pursuant to a State court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an adopted child under section 101(b)(1)(E)(i) of the Immigration...

CA4 on Adopted Children: Ojo v. Lynch

Ojo v. Lynch, Feb. 16, 2016 - "Adebowale Oloyede Ojo, a native of Nigeria and the adopted son of a United States citizen, petitions for review of the decision of the Board of Immigration Appeals (the “BIA”) denying a motion to reopen his removal proceedings. In so ruling, the BIA relied...

Advance Copy of State Department Intercountry Adoptions Proposed Rule

This document is scheduled to be published in the Federal Register on 09/08/2016 - "The Department of State (the Department) proposes to amend requirements for accreditation of agencies and approval of persons to provide adoption services in intercountry adoption cases. The proposed rule includes...

State Department Withdraws Proposed Intercountry Adoption Rule

Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 - "The Department of State (Department) published a notice of proposed rulemaking (NPRM) on September 8, 2016, proposing to amend its regulations implementing the 1993 Hague Convention on Protection of Children and Co-operation in Respect...

Hundreds of Immigrants Fell for Adoption-for-Citizenship Scam

Stephen Magagnini, Sacramento Bee, May 14, 2017 - "Many of Helaman Hansen’s hundreds of victims first heard about his citizenship-through-adoption scheme in their neighborhood churches. The 64-year-old Elk Grove businessman or his surrogates would show up promising undocumented immigrants...