How can you find the status of a stalled adoption visa to the USA?
February 11, 2020 12:09 PM Subscribe
A member of a private forum is in a bit of a situation right now concerning a visa for foreign adoption to bring their newly adopted child back to the US. Their normally one day wait has been over two months with not even a status update. This problem is not political and is likely specific to their circumstances. Would anyone have any insight or path forward with the details below.
For those not familiar with foreign adoption, it is a very iterative process. You deal with governments and private agencies in both countries and each stage of the process usually waits for the next stage to be completed in the other country. In this case both countries are members of The Hague Convention on Adoption, so there is a fairly structured process between the countries. The final hurdle before adoption on the US side is the issuance of an Article 5. This assures the foreign country that the US government:
a) have determined that the prospective adoptive parents are eligible and suited to adopt;
b) have ensured that the prospective adoptive parents have been counselled as may be necessary; and
c) have determined that the child is or will be authorized to enter and reside permanently in that State.
In this couple’s case, this was issued. However, around this time a family member that did not approve of the adoption contacted the foreign government agency with allegations that one of them may be an unfit parent due to a documented mental illness that was accounted for in the processes. This caused a delay, but the adoption was finalized. After receiving a new birth certificate and foreign passport for the child, the final step in country is receiving an IH-3 visa for the child to return to the US. Once the child touches down on US soil they will theoretically be a US Citizen, although technically they will retain permanent resident status for about 6 weeks until their Certificate of Citizenship is issued, with the endorsed IH-3 USA acting like a green card.
This issuance of the visa usually takes one day or less and is performed by the US Department of State in the US Embassy in the foreign country. This process should be unaffected by any closing or staffing down of any USCIS Missions as the immigration eligibility has been determined prior to the Article 5 issuance.
For this couple, this one day process has taken over two months with absolutely zero feedback. It is likely the relative also contacted the US government with accusations and the matter is under investigation. It is also likely that no one really knows what to do in this situation and the matter is stagnating because nobody wants to make a decision.
They have contacted both US Senators, their US Congressman, State Governor and Lieutenant Governor, as well as the online contact forms for the White House and US Department of State International Adoption. They have also tried to make an appointment in person at the Embassy but were denied. Their Senators seem to be making weekly inquiries for them, but other than that, all they have gotten is a form letter from President Trump thanking them for their comments and urging them to watch the State of the Union address. The Department of State is only overseen by the Executive Branch.
Would anyone know of resources or plan forward for these people? They do have a lawyer looking into this but it is a little outside the norm for them and they are looking for another If you have suggestions.
For those not familiar with foreign adoption, it is a very iterative process. You deal with governments and private agencies in both countries and each stage of the process usually waits for the next stage to be completed in the other country. In this case both countries are members of The Hague Convention on Adoption, so there is a fairly structured process between the countries. The final hurdle before adoption on the US side is the issuance of an Article 5. This assures the foreign country that the US government:
a) have determined that the prospective adoptive parents are eligible and suited to adopt;
b) have ensured that the prospective adoptive parents have been counselled as may be necessary; and
c) have determined that the child is or will be authorized to enter and reside permanently in that State.
In this couple’s case, this was issued. However, around this time a family member that did not approve of the adoption contacted the foreign government agency with allegations that one of them may be an unfit parent due to a documented mental illness that was accounted for in the processes. This caused a delay, but the adoption was finalized. After receiving a new birth certificate and foreign passport for the child, the final step in country is receiving an IH-3 visa for the child to return to the US. Once the child touches down on US soil they will theoretically be a US Citizen, although technically they will retain permanent resident status for about 6 weeks until their Certificate of Citizenship is issued, with the endorsed IH-3 USA acting like a green card.
This issuance of the visa usually takes one day or less and is performed by the US Department of State in the US Embassy in the foreign country. This process should be unaffected by any closing or staffing down of any USCIS Missions as the immigration eligibility has been determined prior to the Article 5 issuance.
For this couple, this one day process has taken over two months with absolutely zero feedback. It is likely the relative also contacted the US government with accusations and the matter is under investigation. It is also likely that no one really knows what to do in this situation and the matter is stagnating because nobody wants to make a decision.
They have contacted both US Senators, their US Congressman, State Governor and Lieutenant Governor, as well as the online contact forms for the White House and US Department of State International Adoption. They have also tried to make an appointment in person at the Embassy but were denied. Their Senators seem to be making weekly inquiries for them, but other than that, all they have gotten is a form letter from President Trump thanking them for their comments and urging them to watch the State of the Union address. The Department of State is only overseen by the Executive Branch.
Would anyone know of resources or plan forward for these people? They do have a lawyer looking into this but it is a little outside the norm for them and they are looking for another If you have suggestions.
A couple of questions, are they living abroad? Are they currently in the country in question?
Did they schedule and have their visa interview already?
Who did they try and speak with at the Embassy?
posted by The 10th Regiment of Foot at 12:59 PM on February 11, 2020
Did they schedule and have their visa interview already?
Who did they try and speak with at the Embassy?
posted by The 10th Regiment of Foot at 12:59 PM on February 11, 2020
Response by poster: They do not wish to go public with this to the media.
They live in the United States. The usual time spend in the other country is 3-4 weeks. One of the couple had to return to the US to resume work. The other is living in a hotel with their daughter. There is not so much an interview for the visa as it is mostly verifying some information on the application when the paperwork is submitted. They do not have a name for anyone to talk to. They have not been able to get past the street security. Others have suggested if they have a name they could get to the embassy security inside the compound and maybe resolve who they could talk to but they have had no luck.
posted by Yorrick at 1:18 PM on February 11, 2020
They live in the United States. The usual time spend in the other country is 3-4 weeks. One of the couple had to return to the US to resume work. The other is living in a hotel with their daughter. There is not so much an interview for the visa as it is mostly verifying some information on the application when the paperwork is submitted. They do not have a name for anyone to talk to. They have not been able to get past the street security. Others have suggested if they have a name they could get to the embassy security inside the compound and maybe resolve who they could talk to but they have had no luck.
posted by Yorrick at 1:18 PM on February 11, 2020
Please have them make an appointment for American Citizen Services. "Other services" is an option and this seems to fit "other". If it's not a huge/busy Consulate they should get a quick turn around for an appointment. Once in, they are in and can ask for help at the ACS window. They may not be able to give much information about the specific hold up, but can at least answer a few questions. They really are there specifically to help.
posted by The 10th Regiment of Foot at 1:30 PM on February 11, 2020 [3 favorites]
posted by The 10th Regiment of Foot at 1:30 PM on February 11, 2020 [3 favorites]
Are they connected with other people who have adopted from that country? Maybe those other people know something or someone that could help.
Have they tried government officials in that region?
Look into local customs, also, and make sure they're not accidentally offending someone. And that they haven't accidentally offended someone in the past. Not saying it's likely, but it sounds like something to check.
Make sure they're not behaving in a way that might remotely seem arrogant, then start letting some emotion show when asking around. Locals are your best bet, maybe, in finding _someone_ to help, but nobody has to help, so they need to feel moved to do so.
posted by amtho at 1:31 PM on February 11, 2020
Have they tried government officials in that region?
Look into local customs, also, and make sure they're not accidentally offending someone. And that they haven't accidentally offended someone in the past. Not saying it's likely, but it sounds like something to check.
Make sure they're not behaving in a way that might remotely seem arrogant, then start letting some emotion show when asking around. Locals are your best bet, maybe, in finding _someone_ to help, but nobody has to help, so they need to feel moved to do so.
posted by amtho at 1:31 PM on February 11, 2020
This issuance of the visa usually takes one day or less and is performed by the US Department of State in the US Embassy in the foreign country. This process should be unaffected by any closing or staffing down of any USCIS Missions as the immigration eligibility has been determined prior to the Article 5 issuance.
I've been through two international adoptions and lived in another country. I'm not understanding why they weren't allowed to enter the US Embassy to go to US Citizen Services. They really need to be working with the US Embassy in that country and not spend so much time contacting the State Department. The Embassy is the State Department. The Embassy website should have an email address for US citizens in that country to use. They don't need a name and they don't need the ambassador. They need to reach out to this office through email or phone. How did they try to make an appointment?
Adoption can be really stressful, and American adoptive parents in other countries can be ... truly terrible people, to be honest. There are delays like this all the time. So they need to make sure that any contact they have with US Embassy staff is reasonable and asking questions. I do not think they should contact the media about this or work through the government of the foreign country.
I also know that this stuff is always changing depending on what's happening in that other country as well as what's going on at the embassy and with the family's case. It could be that there were irregularities in the child's file. I wouldn't presume it's because of the family member making charges (to be clear: is that a US relative of the parents, not a relative of the child?). There's a lot of speculation that I suspect might be related to the stress of the situation, both with the other family member and being new adoptive parents in another country.
Are they using an agency? What is the agency saying? Or are they doing the paperwork themselves? Is this a country where adoption to the US is pretty common?
You said they have a lawyer. Is the lawyer in the US? There are often American lawyers living in other countries who help Americans there. I would suggest they find an American lawyer in that country.
posted by bluedaisy at 2:26 PM on February 11, 2020 [5 favorites]
I've been through two international adoptions and lived in another country. I'm not understanding why they weren't allowed to enter the US Embassy to go to US Citizen Services. They really need to be working with the US Embassy in that country and not spend so much time contacting the State Department. The Embassy is the State Department. The Embassy website should have an email address for US citizens in that country to use. They don't need a name and they don't need the ambassador. They need to reach out to this office through email or phone. How did they try to make an appointment?
Adoption can be really stressful, and American adoptive parents in other countries can be ... truly terrible people, to be honest. There are delays like this all the time. So they need to make sure that any contact they have with US Embassy staff is reasonable and asking questions. I do not think they should contact the media about this or work through the government of the foreign country.
I also know that this stuff is always changing depending on what's happening in that other country as well as what's going on at the embassy and with the family's case. It could be that there were irregularities in the child's file. I wouldn't presume it's because of the family member making charges (to be clear: is that a US relative of the parents, not a relative of the child?). There's a lot of speculation that I suspect might be related to the stress of the situation, both with the other family member and being new adoptive parents in another country.
Are they using an agency? What is the agency saying? Or are they doing the paperwork themselves? Is this a country where adoption to the US is pretty common?
You said they have a lawyer. Is the lawyer in the US? There are often American lawyers living in other countries who help Americans there. I would suggest they find an American lawyer in that country.
posted by bluedaisy at 2:26 PM on February 11, 2020 [5 favorites]
Not an edit, but let me clarify: American adoptive parents can behave in truly terrible ways. Even if they aren't terrible people.
posted by bluedaisy at 2:28 PM on February 11, 2020 [4 favorites]
posted by bluedaisy at 2:28 PM on February 11, 2020 [4 favorites]
I know people who have received significant immigration help via in-person meetings at their Representative's local office.
posted by flimflam at 4:14 PM on February 11, 2020
posted by flimflam at 4:14 PM on February 11, 2020
Lawyer and add more people on to the list for regular polite communication. If they can get some other family and friends involved in contracting the U.S side that’s helpful. It can help locally to say look I will talk off the record about what’s happening to an embassy person who is friendly and can give you more info. I got details on what was actually happening in the processes over lunch, shared car rides and coffee far more than the official stuff but it was not official at all.Once I got a delayed passport issued because I was a) lucky to bump into one of the officials at a supermarket and chat with them and b) turned up in person at the relevant office and began sobbing in a restrained and very upset way surrounded by their staff so they socially had to comfort me and reassure me that things would work out and I came back daily till it was, still looking tearful. I was upset but the tears were strategic because I am a white woman and it was deeply embarrassing for them. Ask local friends what would work best for a foreigner.
And also, these things can be fuck-ups. An amazing friend with stellar paperwork had her US adoptions delayed and screwed up badly. It can be for reasons entirely random and one-sided. They need to work on alternatives and assume optimism. She ended up moving to the country of adoption for a long time. Another alternative I’ve heard is using a third country - if your local adoption is through, move to another country that recognised the adoption that is easier for you to find work in.
The NCFA is supposed to help for this but I’ve heard extremely mixed things about their help. If it’s in the best interest of the agency, they could get help or at least advice.
Reading again - they are the legal parents already. This is worth asking the local country’s child welfare ministry people to talk privately to the embassy because a minor citizen of that country is being denied family travel to the US. If it’s a Hague country and other families have made the visas, this child citizen is being targeted for a reason. Official channels will get no response, unofficially someone might say oh you have to resubmit or everyone is delayed because the person in charge just got transferred, etc.
posted by dorothyisunderwood at 4:19 PM on February 11, 2020 [2 favorites]
And also, these things can be fuck-ups. An amazing friend with stellar paperwork had her US adoptions delayed and screwed up badly. It can be for reasons entirely random and one-sided. They need to work on alternatives and assume optimism. She ended up moving to the country of adoption for a long time. Another alternative I’ve heard is using a third country - if your local adoption is through, move to another country that recognised the adoption that is easier for you to find work in.
The NCFA is supposed to help for this but I’ve heard extremely mixed things about their help. If it’s in the best interest of the agency, they could get help or at least advice.
Reading again - they are the legal parents already. This is worth asking the local country’s child welfare ministry people to talk privately to the embassy because a minor citizen of that country is being denied family travel to the US. If it’s a Hague country and other families have made the visas, this child citizen is being targeted for a reason. Official channels will get no response, unofficially someone might say oh you have to resubmit or everyone is delayed because the person in charge just got transferred, etc.
posted by dorothyisunderwood at 4:19 PM on February 11, 2020 [2 favorites]
This thread is closed to new comments.
posted by Mr.Know-it-some at 12:55 PM on February 11, 2020