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EmailAccess to Proposed Rule on Changes to Consular Officer Procedures in Hague Adoption Convention Cases (22 CFR Part 42)
The proposed rule to revise orphan visa processing by consular officers, including changing the definition of “child” for Hague Convention adoption cases (22 CFR Part 42.24) was published for notice and public comment in the Federal Register on June 22, 2006. It is accessible through www.regulations.gov/fdmspublic/component/main using the search term “Department of State”. The public comment period is open for 30 days and will close on July 24, 2006. Written comments must include the number 1400-AC17 in the subject line.
The proposed changes will enable the State Department to comply with the Convention and the Intercountry Adoption Act of 2000 (IAA). In particular, U.S authorities will perform the bulk of the petition and visa adjudication work earlier, thus enabling U.S. authorities to make the determination before the adoption is completed (as required by Article 5 of the Convention) that the child will be eligible to enter and reside permanently in the United States. Also, consular officers will now issue certificates to parents when all of the requirements of the Convention and IAA have been met. Only then will consular officers be able to approve an immigrant petition and complete visa processing.
The Department of Homeland Security will issue separate, but complementary, regulations relating to the home study and petition process in Convention cases.
Most importantly, this proposed rule addresses IAA amendments to the Immigration and Naturalization Act and: 1) Adapts procedures to the new definition of “child” for Convention adoption cases; and, 2) Incorporates Hague requirements into the immigration process by precluding petition approval until the State Department certifies that the child was adopted in accordance with the Convention and the IAA.
