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The bilateral adoption agreement between the United States and Vietnam expired on Sept. 1, 2008. Both nations have agreed to cease processing new adoption cases until the United States and Vietnam sign a new bilateral agreement.
The bilateral adoption agreement between the
According to the Vietnamese Ministry of Justice, prospective adoptive parents who received a formal referral (matched with a child) by Sept. 1 will be allowed to process their adoption to conclusion. Dossiers that were not referred by Sept. 1 will be closed and returned to the adoption service provider.
Question: Should adoption service providers stop working on new adoptions from
The Department of State (DOS) and United States Citizenship and Immigration Services (USCIS) strongly urge adoption service providers to stop matching prospective adoptive parents with children from
Because there are exceptions in Vietnamese law that allow certain cases to be processed even without a bilateral agreement, including some cases for children with medical issues and certain relative adoptions, agencies and adoptive parents have asked about processing such cases. However, the definitions and procedures for such cases are not clearly defined. At this time, USCIS and the Department of State will not process these types of cases. The Vietnamese government is in agreement that such cases will not be processed without a new bilateral agreement in place.
With the de-licensing of adoption service providers and the strong possibility that a post-Sept. 1 special needs system would be decentralized, it is likely that a post-Sept. 1, 2008 adoption system would have even less safeguards and protections for children than the pre-Sept. 1 system with which we had significant concerns. Therefore, DOS and USCIS have determined that it would be difficult, if not impossible, to implement a transparent and reliable adoption program for the special needs and other excepted types of cases in
On Sept. 23, 2008, the Vietnamese Department of International Adoptions (DIA) has provided a list of 534
The processing of adoption cases for children from
Both governments acknowledge the complexity of these issues and the importance of developing a transparent adoption system that protects the fundamental rights of all parties prior to resuming adoptions. The
Yes. Persons may continue to file a Form I-600A, Application for Advance Processing of Orphan Petition. However, if
Yes. If you received a referral prior to Sept. 1, 2008 that meets the criteria set forth above, including being on the list of dossiers forwarded by the Government of Vietnam, you may file Form I-600, Petition to Classify Orphan as an Immediate Relative, for that child and the petition will be processed.
If you did not receive a referral before Sept. 1, 2008, USCIS and DOS will be unable to process your case or issue a visa for the child.