Adoption

Working With the Embassy

Under the U.S. Immigration and Nationality Act (INA), consular officers can only adjudicate approvable I-600 petitions. If there are any questions regarding the eligibility for orphan status or whether petition conditions have been met, consular officers must refer these petitions to the BCIS office in Guangzhou. When an orphan petition (I-600) is sent to an American embassy or consulate for possible issuance of an immigrant visa (form OF-230) to the child, or when an orphan petition is filed at an American embassy or consulate, a consular officer does an overseas orphan investigation as part of the normal processing. This is usually done very quickly. However, the investigation and visa processing can sometimes be lengthy, especially when adoptive parents employ irregular practices to adopt a child, making the petition "not clearly approvable." BCIS form I-604, Request for and Report on Overseas Orphan Investigation is used by BCIS and consular officers.

When the Chinese notarized formalities are completed, the BCIS petition to Classify an Orphan as an Immediate Relative (I-600) may be filed for the child at BCIS Beijing, BCIS Guangzhou, or any of the U.S. Consulate generals in Chengdu, Shanghai, or Shenyang for forwarding to the Consulate general in Guangzhou, or any BCIS office. While all U.S. Foreign Service posts in China may adjudicate I-600 forms, it is advisable to do so in Guangzhou. Since all immigrant visas in China are issued at the Consulate General in Guangzhou, petitions filed at other posts will be sent to Guangzhou for processing. It is generally much faster for those adopting parents who wish to return to the U.S. immediately with the child to file petition at the Consulate General in Guangzhou.

When the petition is filed at the Embassy or a Consulate, the petitioner (or at least one of the members of a married adoptive couple) and the child must be physically present in the consular district. The I-600 is filed by one person but if the petitioner is married, the petitioner's spouse must also sign the petition. Both parties must sign the I-600 after the child has been identified and seen by at least one parent. This means that if one party has gone abroad to arrange the adoption, the spouse abroad must send the I-600 to the spouse in the United States (generally by express courier) with the child's identity information completed. The original signature of both spouses must appear, reflecting their informed concurrence in the process. BCIS suggests that the traveling spouse leave the original I-600 with the spouse in the U.S., fax the information after the adoption, to the spouse in China by international courier. If the petitioner is married and his or her spouse has not seen the child before or during the adoption proceedings, then the child must be readopted in the U.S. To do this, the petitioner must show he or she has met state pre-adoption requirements. BCIS makes this determination at the time the I-600A is filed or it must be established that pre-adoption requirements have been met at the time of filing the I-600 at the embassy or consulate.

If BCIS has already approved an I-600A advanced processing petition, the I-600 petition may be filed and adjudicated at the embassy or consulate to which the I-600A was sent. If advanced approval has not yet been granted, the I-600 petition must be forwarded to the BCIS for adjudication. If so, as noted above, a home study and fingerprinting of parent(s) and any state pre-adoption requirements will be necessary, perhaps requiring several months to complete. It should be noted again that the power of attorney is not accepted by BCIS, and both spouses must sign the I-600 form.

Before departing the U.S., the U.S. Consulate General in Guangzhou strongly advises adoption agencies and/or adoptive parent(s) to set an appointment for the immigrant visa interview, and not make final travel plans until the appointment has been confirmed in writing. Appointments are scheduled on a first-come, first-serve basis, Monday through Thursday beginning at 9:00am. *Due to increased demand, it is no longer possible to obtain same-day visa issuance; instead, visas are generally available the following afternoon*. A parent(s) proceeding to China to complete the adoption process should plan on three to four days in Guangzhou to complete their child's medical exam and immigrant visa processing. The Consulate general cannot guarantee issuance of the visa in advance of the interview.

Documents Needed to Bring with you to the US Consulate

For the immigrant visa application, the child will need:

• A valid PRC passport and exit permit
• A medical examination
• Two 1 ¾ inch color visa photos
• Form I-864, affidavit of support from the prospective adoptive parent(s) and supporting documentation
• The Chinese notarized documentation

American Embassy/Consulate General Assistance

Upon arrival in China, prospective adoptive parent(s) should register at the Consular Section, American Citizens Services Section of the American Embassy or Consulate General. The Embassy/Consulate general will be able to provide information about any outstanding travel advisories, any recent changes in adoption procedures and to provide other information about China including lists of physicians, attorneys, interpreters and translators.

Chinese Embassy/Consulates in the United States
Embassy of the People's Republic of China
Consular Section
2300 Connecticut Ave., NW
Washington, DC 20008
Tel: 202-328-2500

China also has Consulates in Los Angeles, CA; San Francisco, CA; Chicago, IL; New York, NY, and Houston, TX.

U.S. Embassy/Consulate in China
U.S. Embassy of China U.S. Embassy Beijing
2 Xiu Shui Dong Jie PSC 461, Box 50
Beijing 100600 PRC FPO AP 96521-0002
Tel: (8610) 6532-3831 x229
Fax: (8610) 6532-4153

China also has US Consulates in Guangzhou, Shanghai, Shenyang, and Chengdu.

Applying for a Chinese Passport for the Child

Welfare Institute officials apply for the child''s passport and exit permit in the provincial capital. The adopting parent(s) rarely have had to take care of the paperwork or visit the Ministry of Justice offices in this regard. The local Public Security Bureau will normally expedite Chinese passport issuance for a stated fee.

Applying for a US Citizenship for an Adopted Child

Contact the BCIS for further proof of U.S. Citizenship and how to adjust the status of the adopted child.