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WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted 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).

Please check the attachment.

Release Date 

06/14/2024

Effective June 14, 2024, USCIS has updated the USCIS Policy Manual, Volume 5, Part D, to clarify how prospective adoptive parents can adopt a child under the Hague Adoption Convention.

This update (PDF, 324.66 KB) consolidates and clarifies existing guidance to provide clear requirements for the Hague process. The update:

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 Aug. 1, 2007.

On August 1, 2012, Fiji joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). However, the Department of State (State) has determined that Fiji does not yet have a fully functional convention process in place. State consular officers cannot certify that adoption decrees or custody orders obtained in Fiji for a child who is a resident of Fiji have been issued in compliance with the Hague Adoption Convention. Without this certification, U.S.

Media Note

 Office of the Spokesperson
Washington, DC

July 2, 2012

Special Advisor for Children’s Issues Ambassador Susan Jacobs is visiting Guatemala from July 1-3 as part of a Congressional Delegation led by Senator Mary Landrieu. The delegation, which includes officials from the United States Citizenship and Immigration Services (USCIS), is meeting with Guatemalan officials to discuss progress in resolving the remaining intercountry adoption transition cases.

On July 1, 2012, Montenegro became a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). However, the Department of State (DOS) has determined that Montenegro does not yet have a fully functional Convention process in place. DOS consular officers are unable to certify that adoption decrees or custody orders obtained in Montenegro for a child habitually resident in Montenegro have been issued in compliance with the Hague Adoption Convention. Without this certification, U.S.

USCIS interim policy memo for comment on amending the Adjudicator's Field Manual to provide further guidance on whether an “adoption” is valid for immigration purposes.

USCIS seeks input on the interim policy memos listed below. 

The Jurisdiction of Amended Home Studies and the Application of Home Study Age Restrictions for Prospective Adoptive Child(ren) in Intercountry Adoption Cases  

Department of State (DOS) announced today that the Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of Children will enter into force on Nov. 1, 2012.

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 (ASP), and any ASPs which may be licensed in the future.

The bilateral adoption agreement between the United States and Vietnamexpired on Sept. 1, 2008.  Both nations have agreed to cease processing new adoption cases until the United States and Vietnamsign a new bilateral agreement.

Question:   Now that Sept. 1 has passed, what is the status of adoptions from Vietnam?

CBP memo concerning the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children.

Please check attached document to read CBP Memo.

USCIS memo on amending the Adjudicator’s Field Manual (AFM) to provide guidance on whether an “adoption” is valid for immigration purposes.

Please check the attachment to read guidance memo. 

This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. Please click the attachment for more information on the memorandum