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Adopted Children Immigrant Visa Unit (ACIVU)

ACIVU Introduction

Adopting a Child from P.R.C.

1. DHS Application Stage

2. Foreign Adoption in P.R.C.

3. Processing the Visa in Guangzhou

Forms and Consular Packet Information Sheet

Frequently Asked Questions

Useful Links

 
 

Frequently Asked Questions

 

    1. Can I adopt any child I want in the People’s Republic of China?

Adoption by foreigners of Chinese children is administered by the China Center for Adoption Affairs (CCAA) in Beijing. They refer children to foreigners for adoption. PLEASE NOTE: If the adoption does not occur in accordance with the laws of the foreign country, then the child will not be eligible for immigration benefits. In other words, trying to adopt outside the CCAA context can expose you to liability for violating Chinese law, and will prevent you from obtaining immigration benefits for that child.

 

    2. Can I request a particular child from the CCAA?

Generally, the Chinese government prefers to refer children without prospective parental input. Parents may request a particular age, or region from where the child comes, but CCAA is under no obligation to refer a child who conforms to this request. In the case of children who have special needs, however, it may be possible for a family to request a particular child. The CCAA has a website at www.china-ccaa.org that may give more information on this question. Your agency should be able to help answer these questions as well.

 

    3. How do I begin to adopt if I already live overseas?

If you already live abroad, you may file an I-600A with the nearest DHS office or at your local Embassy or Consulate. They will then forward the application to the nearest DHS office for approval. PLEASE NOTE: Even if you live overseas, the DHS still requires a home study conducted by an entity approved to conduct home studies in the United States or in the individual’s country of residence which has been reviewed and approved by a U.S. licensed adoption agency, and the FBI fingerprint check. For this reason, applications filed overseas often require a longer period of time before the local DHS office can approve them. For further information, contact the DHS office with jurisdiction in your area.

Effective May 1st, 2005, CCAA has designated Bridge of Love as the adoption agency to help U.S. expatriates in China; this agency will submit adoption dossiers and liaison with CCAA regarding adoptions in China. Please contact Bridge of Love at:

Address: Room 1206, No. 07 Baiguang Rd, Xuanwu District, Beijing, China

Tel: 010-63518462 or 63589988 ext. 1216

Fax: 010-63518472

Email: zhsy@mail.china-blas.org

    4. What if we were Chinese citizens at the time of the adoption, and only recently became U.S. citizens?

All U.S. citizens adopting abroad must file an I-600 petition in order to process the child's orphan visa. The timing for the filing of the I-600 petition differs based on when the child was identified and/or adopted.

If you completed an adoption prior to becoming a U.S. citizen, you must file an I-600 petition with your local DHS office instead of an I-600a application in order to initiate the orphan visa process. An I-600a application tells DHS and our office that you want to begin the process to adopt overseas and that you have neither pre-identified nor registered an adoption of an orphan overseas. The I-600 petition signifies that either an adoption was completed overseas at a previous date when the adoptive parents were not U.S. citizens and/or a child has been pre-identified for adoption. The paperwork for completing the I-600 petition requires the same material required for the filing of the I-600a application with the addition of the information regarding the identified orphan and, as applicable, a previously completed adoption registration.

PLEASE NOTE: China does not allow foreign citizens to pre-identify and/or adopt children without going through the CCAA referral process. Nor does the Chinese government allow orphan children to leave China to be adopted in the States.

    5. Once I receive travel approval from CCAA, can I come to China for visa application?  How can I make appointment with the Consulate?

Upon receiving travel approval from the Chinese authorities, prospective adoptive parents working through their adoptive agencies must schedule an orphan immigrant visa interview with the ACIVU.

To request an appointment with ACIVU, the adoption agency representing adoptive parents must email or fax ACIVU a request with the subject line of 'appointment request from AGENCY'S NAME'. The appointment request must include a faxed copy of the CCAA's travel permission letter, the travel permission letter's number, the adoptive parent's names, Guangzhou case number (GUZ#), I-171H expiration date, and at least three preferred interview dates based on proposed travel itineraries (Please use the appointment request format). Our office confirms in writing an appointment as close to the date requested as possible. PLEASE NOTE: We strongly recommend that you do not finalize travel plans until your agency has received confirmation of your appointment from the ACIVU IN WRITING. Failure to secure an appointment in advance of your travel to China may result in a delay in China for several days or longer, particularly during busy periods.

Once the prospective parents receive written confirmation from the ACIVU scheduling their appointment, they can then come to China and adopt their child.  The adoption process involves picking up their new child, going through the formalities of the actual adoption of the child from the province where he or she lives, and obtaining the necessary documents in support of that adoption.

 

    6. How can I know if I am required to submit a home study addendum?

A home study addendum is required to maintain the validity of an I-600A approval when a major change has occurred in the petitioner’s household after the I-600A has been approved.  Such changes include a change of residence; a change in employment; or the addition of people to the petitioner’s household -- including the birth of children (If an adult has been added to your household, please contact your DHS office for instructions regarding home study and fingerprinting requirements).  As stated under the I-600A application stage, the home study and any additional addendum must be written by a person licensed to perform home studies in the United States or in the foreign country where the child lives.  If these documents are completed by a properly licensed individual residing abroad, the home study and/or addendum must be reviewed and approved by an agency licensed in the U.S. to prepare home studies (For a list of home study providers residing in China or Hong Kong and or individuals/organization that are known to conduct home studies in China please contact our office).

 

    7. How could I know whether my fingerprint clearance is valid or not? If I found my fingerprint clearance will expire before my visa interview date, what should I do?

It is the policy of the Department of Homeland Security’s Citizenship and Immigration Services (USCIS) - the former INS - that FBI fingerprint-based clearances for adoptive parents expire after 15 months. This policy took effect on May 31, 2003. USCIS recommends that prospective adoptive parents who plan to travel abroad to file an I-600 Orphan Petition within 30 days of the expiration of their fingerprint check validity be re-fingerprinted prior to departing the United States.

USCIS office prints the validity of fingerprint clearances on the I-171H, so most families can find this information on their I-171H after their petition is approved. If you do not know the date of your fingerprint clearance, you should check with the USCIS office where you submitted your fingerprint cards. The fingerprint requirement applies to all adult members of the household.

 

8. Who can I contact about expeditious naturalization for my adopted child?

The contact information for DHS Honolulu and the U.S. Passport Agency in Honolulu is as follows:

1. DHS Honolulu.

If you wish to obtain your child's certificate of U.S. citizenship at DHS, Honolulu, once you know your flight information and arrival time in Honolulu, contact them by email in advance of your departure for Honolulu.  This will allow them to alert the DHS immigration officers at the Honolulu airport of your arrival. DHS advises they will respond by email with their instructions to you.

With any questions, please contact the U.S. Citizenship and Immigration Services directly at hawaii.naturalization@dhs.gov. Please allow five working days for an initial response.

U.S. Immigration and Naturalization Service
595 Ala Moana Boulevard
Honolulu, Hawaii 96813
Facsimile (808) 532-6386
Email: hawaii.naturalization@dhs.gov

Public Service Hours:

8:00 a.m. - 3:00 p.m., Monday -Thursday
8:00 a.m. - 2:00 p.m., Friday

2. Honolulu Passport Agency:

The Honolulu Passport Agency only serves customers who are traveling, or submitting their passports for foreign visas, within 14 days. To apply at the Agency, you must schedule an appointment by calling toll-free at 1-877-487-2778, 24 hours/day. If you are not traveling, or needing to submit your passport for foreign visas within 14 days, you must apply at a Passport Application Acceptance Facility.

THERE IS NO CHARGE FOR AN APPOINTMENT AT A PASSPORT AGENCY. CUSTOMERS SHOULD NOT PAY ANYONE OR ANY BUSINESS MAKING SUCH A CHARGE.

Public Hours of Operation 8:30 a.m. to 3:30 p.m.

Monday through Friday (except Federal holidays)

Public Telephone Number

Recorded information and callers may request forms 24 hours/7days a week

1 (877) 487-2778

Address:

Prince Jonah Kuhio Kalanianaole Federal Building
300 Ala Moana Blvd, Ste. 1-330 (corner of Punchbowl St.)
Honolulu, HI 96850-1330.

Expedited Passport Issuance Information: No appointments are accepted, the service operates on a first come - first serve basis.  A minimum of 24 hours is required to process a passport.  Please be prepared to present an international airline ticket showing immediate travel.  Those who need a passport immediately are encouraged to try to visit their office early in the morning.

9. Will my adopted child have dual citizenship?

Current U.S. nationality laws do not explicitly address dual nationality, but the U.S. Supreme Court has stated that dual nationality is a “status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both.”

However, China does not recognize naturalization in a foreign country as grounds for loss of nationality.

Consequently, a naturalized U.S. citizen may retain the nationality of his or her birth, even a person who has applied to become a naturalized U.S. citizen is required to “take an oath to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state or sovereignty of whom or which the applicant was before a subject or citizen.”

While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas.  When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person.

Federal law does require that U.S. citizens exit and enter the United States on a U.S. passport, with certain limited exceptions.  In practical terms, the Chinese government will continue to consider your adopted child a Chinese citizen and not an American.  However, should your child return to China using their U.S. passport, they will likely be considered an American by the Chinese authorities.

 

10.   How do I apply for my child’s U.S. passport once we’ve returned to the United States?

According to the provisions of the Child Citizenship Act of 2000, if your child has received an IR-3 visa they become United States citizens the moment they are admitted to the U.S. border.  You can therefore take your child’s Chinese passport that contains the IR-3 visa and the admittance stamp to any Passport Agency and this will constitute the evidence of U.S. citizenship that is required for a passport.  In order to receive the child’s passport, you will need: (1) Evidence of the child's relationship to a U.S. citizen parent (a certified copy of the final adoption decree); (2) the child's foreign passport with BCIS's I-551 stamp or the child's resident alien card; and (3) the parent's valid identification.

If your child receives an IR-4 visa, you must first complete the adoption process and receive your child’s Certificate of Naturalization.  Once you receive it, you can proceed to any Passport Agency to obtain your child’s U.S. Passport.

 

11.   How do we apply for our child’s Social Security Number?

To apply for the Social Security Number, your child must first receive the Certificate of Naturalization.  Once you have received this, please contact the Social Security Administration for instructions.  You can also visit www.ssa.gov for more details.

12.Are there any special circumstances ex-pats should be aware of when adopting in China?

If the adopting parents currently live outside of the United States, their child may not be eligible for citizenship status after arriving in the United States.  For more information, please contact our office.