We have received some good news about the CIS issue that I mentioned in the August China program update and in the Welcome News. Here’s a summary that I just put together for the September newsletter:
Update regarding Hague and expiring CIS approvals
Negotiations continue regarding the CIS question discussed in the August of Welcome News. CIS has confirmed that, as things stand now, there are only processes in place for one free renewal of the I-600A. They’ve also confirmed that after that free renewal expires families will have to file an I-800A and submit a Hague-compliant home study. Any change to this would require a change in the law or regulation. For families working with agencies that were not Hague accredited, this may pose a concern as they may need to find another agency to complete their home study for the I-800A. However, because Pearl S. Buck International has received our Hague accreditation, this will not negatively affect our families. JCICS is continuing to work toward the goal of unlimited renewals of the I-600A for families that filed before April 1, 2008, which seems to be the intent of the Intercountry Adoption Act of 2000.
In other news, JCICS has received confirmation from USCIS that they evaluate the I-800A applications in light of US immigration law NOT the guidelines set forth by the sending country. We understand this to mean that, as long as families are eligible to adopt under US law, they will be approved regardless of the current eligibility criteria for the country. Section 8 CFR 204.311(q) does say, “If the Central Authority of the Convention country has notified the Secretary of State of any specific requirements that must be met in order to adopt in the Convention country, the home study must include a full and complete statement of all facts relevant to the applicant's eligibility for adoption in the Convention country, in light of those specific requirements.” For families whose dossiers were registered before May 1, 2007 and who would not be eligible to adopt from China under the current regulations, we will include a statement in your Hague home study indicating that your dossier was registered prior to 5/1/07 and, since you were considered eligible to adopt from China at that time and because CCAA is permitting you to continue with the adoption process, you are deemed to still be eligible to adopt from China.
On the down side, this means that families will have to file the I-800A, including the filing fee, and your home study will need to meet the new Hague requirements (including child abuse clearances from every state and country of residence since your 18th birthday). However, on the up side, this means that families whose dossiers were registered before 5/1/07 and who would not meet the current eligibility criteria ARE still eligible to have their I-800A approved. Hooray!
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