USCIS Clarifications
As many of you figured out yesterday, different USCIS offices do different things. The 18 months is supposed to go from expiration date to expiration date, but at least two offices were doing it based on when they got the new one approved instead, and since they allowed a long period between request for a new I600A/I171H, and the homestudy, families had figured that out and were stretching the time as much as possible. So, they are creating the new rule about homestudies being submitted when the request is submitted, or no later than 30 days after.
The USCIS FAQ page about grandfathered I-600A forms can be found here.
There are some questions about how many times families are going to be able to keep requesting/filing to be grandfathered. There is one agency telling their families they can no longer file outside of Hague, that they must now use the new forms. But I have yet to hear of a family being told “no” by the USCIS when they request or file for a new I-600a/I-171H.
China can stop allowing it at any time, though. That’s pretty clear, that they can require all paperwork to be Hague compliant if they choose, but that so far they’ve allowed those who started out non-Hague to remain that way.
For those deciding whether to just let everything expire or not… the downsides to letting everything expire are 1) it’s harder to qualify under Hague, there are things that can disqualify you under Hague that were fine under the old rules, 2) if you’ve lived in a bunch of cities and states then it can be nearly impossible to get the documents needed from every local jurisdiction you’ve ever lived, and 3) travel time between referral and travel is one to three months longer under Hague than it is under the old paperwork. There may be more downsides, those are the ones I’m aware of.
With that being said, I can see that it would be pretty freeing to not have to deal with all of that paperwork in the interim.
Also, no one knows for sure how long the USCIS (or China) is going to allow people to grandfather in under the old paperwork. It would be a pain to have kept up with all of that paperwork and then be required to move to the new Hague processes anyway.
March 19th, 2010 at 11:24 am
“1) it’s harder to qualify under Hague, there are things that can disqualify you under Hague that were fine under the old rules”
In what way is it harder to qualify? We’ve been renewing ours, but I’m curious.
March 19th, 2010 at 12:52 pm
I think a key factor in deciding whether to let your paperwork expire or not, is how helpful your agency will be in helping you do the I-800A. Our agency–we were guinea pigs–was great, and actually obtained the clearances from several states for us. It’s much more stressful obviously if your agency doesn’t help with this and you have to figure it all out on your own.
Agreed that the wait time to travel is another downside!
Honestly not too clear on the “other qualifications”–exept for the required 10 hours of training which some agencies were requiring anyhow, and the careful wording of SN’s in the homestudies, etc.
We also had a great USCIS officer which helped a lot! She was amazing. Called our SW, called us, emailed back and forth with me. Months later I had a question about something and emailed her again, and she actually said “So nice to hear from you.” Whoa.
My experience with it all! Again, think long and hard about letting paperwork expire if you know your agency will NOT be much help with completing all the clearances, etc.
Steph
March 19th, 2010 at 1:05 pm
I didn’t let my paperwork expire because, frankly, I didn’t want to start all over again. Plus, I’m a single and don’t want to risk getting ousted from the process under Hague. I just received my fourth–yes fourth!–171h renewal, which I think will be my last (LID 6/20/06), and USCIS gave me no trouble at all (I had it within a week of re-applying). As long as you are clear in your letter to them that are applying under i600a grandfathered status, you shouldn’t have any problems with USCIS. All of my 171h’s have been for 18 months, dated from the reapproval (not the old expiration). This makes sense: Each 171h is good for 18 months… they don’t overlap.
March 19th, 2010 at 2:14 pm
I am aware of a family who had been approved with no problems for their original I-171H, but they let it expire and when they tried to gain approval under the Hague process, they were denied. I don’t know the specific details, but it had to do with an arrest when the father was 19 (he’s in his 40′s now). The last I heard, the decision was final and there was no farther the family could go with it.
There was another family who had been approved for an I-171H, and when they applied through the Hague process they were initially denied, but they managed to successfully launch an appeal and get approved. That one had nothing to do with arrest, but on the type of income they had (nothing immoral or illegal, so don’t go there).
I do not know all of the rules/qualifications that may be different between the two processes, but there are at least two.
March 19th, 2010 at 2:18 pm
I’m single too. LID 12/28/06. There is no way I would let my paperwork expire. I am so glad I was grandfathered in and I need it to stay that way! It concerns me that there is some talk/rumor that China is thinking of a possible deadline with those who are grandfathered. I think I have a 6 year wait ahead of me and I have already passed 3+. I believe what they promised with grandfathering pre-cases, should be honored. My next homestudy update is already on my mind and it’s coming up soon. This will be my 4th homestudy. I know I have to get all my ducks in a row but I don’t find the process that difficult. I just don’t want anything to expire! For me, it would be catostrophic because I am single and it would be “bye-bye baby, bye-bye dreams” I am thankful to be a Non-Hague case.Thanks for the topic RQ.
March 19th, 2010 at 2:28 pm
We didn’t let our paperwork expire, but we used it for an interim Vietnam adoption, so we had to do Hague for China. As for the downsides:
1. The extra training was no big deal.
2. The state/country clearances were a pain because we had lived quite a few places, but our agency helped us. When we had trouble getting a few of them, we were allowed to say we had made a good faith effort.
3. The extra wait until travel was heart-breaking because we really wanted to get to our daughter.
There were no other disqualifying issues for us, although we had arrests. I believe we just had to write statements about them. (But they were minor.)
Hope that helps those who are considering their options.
Heidi
AP Vietnam and China
Author: While We Wait: Spiritual and Practical Advice for Those Trying to Adopt.”
March 19th, 2010 at 3:22 pm
I just received an email on the following and thought it might apply to this discussion in a slightly off-topic way:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=662cadd907c67210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
“USCIS Centralizes Processing of Orphan Adoptions Change will Streamline Processing
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced that on April 1, 2010, it is centralizing processing and adjudication of all new orphan (Non-Hague) petitions with the agency’s specialized adoptions team in Missouri.
Prospective adoptive parents will continue to file their Petition to Classify Orphan as an Immediate Relative (Form I 600) and Application for Advance Processing of Orphan Petition (Form I 600A) with USCIS’ Dallas Lockbox facility. The Lockbox will forward the case to the Orphan Unit at USCIS’ National Benefit Center (NBC) for processing and adjudication. The applicant will receive a receipt notice with the NBC address and contact information for follow-up correspondence.”
March 19th, 2010 at 4:00 pm
We are, as I posted yesterday, one of the ones that let our 171 expire. I was very stress about it at the time but our agency assured us it was the best thing to do since we had so long to wait and we are staying NSN. I was (and still am a little) concerned about a minor arrest of my husband’s years ago but we were assured before we let it go that it would not be a problem. Of course if it does in the long run, how heart breaking. But our agency has been so good that I believe what they have told us. The other good news is we both have only lived in one state so that part shouldn’t be an issue. Regarding waiting a little longer to travel – I hate that idea but considering the money and stress we’ve saved in our decision, we’ll just have to deal w/ that when it comes. Overall, I don’t think there is a wrong decision – whatever is best for each family.
March 19th, 2010 at 4:30 pm
What a mess.
March 19th, 2010 at 7:08 pm
Another downside is if you are a military family, the Hague office is nearly impossible to work with…They do not want you to refile outside of the 90 day frame of expiration, no exceptions…Hopefully my husband will be home before our’s expires in July since we were unable to renew it last month.
March 19th, 2010 at 8:29 pm
It is a mess.
BUT more importantly; I have heard that another SN shared list is getting ready to come out-
A very important rumor-
has anyone else heard this?
March 19th, 2010 at 8:58 pm
Our agency sent out an e-mail this afternoon saying that the CC*AA released a new WC list last night (3/18) with 600 kids on it. That seems like a BIG list…and curious as to why they didn’t announce that it was coming like they said they would OR that they did announce it and that rumor didn’t get picked up at all anywhere.
March 19th, 2010 at 9:34 pm
I know someone who received a referral.
March 19th, 2010 at 11:11 pm
testofpatience, I assume that is a SN referral.
March 19th, 2010 at 11:29 pm
The CCAA did announce a list was coming. Several people reported their agencies had told them about it earlier in the week in the SN forum. (not mine, but other agencies) A few people have gotten calls and are announcing referrals and I’m sure more will be coming over the weekend as people get files checked by doctors.
March 21st, 2010 at 1:21 am
I have to say that as a single woman with an LID of 9/20/06- there are no options for me under Hague! I am hoping that they continue to allow me to update and process my paperwork. I was looking at my paperwork today and my i 171 H expires in Jan 2011 which is coming up quick. It will be my 4th filing with USCIS but at least this time I should not have to pay again for the immigration part of it.
I hope they realize that we are still here, having been waiting almost 3.5 years and deserve to continue to be grandfathered in.
Leanne