April 5, 2007

Dear Members of the American Adoption Community Interested in Ukraine :


The U.S. Embassy in Kyiv, Ukraine would like to bring your attention some important changes in the U.S. immigration requirements related to the intercountry adoption process. 

The United States Citizenship and Immigration Service (USCIS) has advised U.S. embassies and consulates worldwide to begin using the new version of Form I-604, Determination on Child for Adoption (previously referred to as "Request for and Report on Overseas Orphan Investigation"). 

The new version, which went into effect on October 30, 2006, requires consular officers to certify that the adopted child fits the suitability criteria noted in the home study report, Visas 37 cable/I-600A approval notice, or approved I-600 as appropriate for age, gender, special needs, number of children, etc. Therefore, in order for an I-600 to be approved and an immigrant visa be issued, the child must meet the eligibility criteria as recommended in the home study. A home study report does not have to set such limitations, but if there are any, the adopted child must meet all these criteria.  For example, if a family is approved for adoption of an infant child, they cannot receive an immigrant visa for a five-year old adopted child without USCIS authorization.  Even though each case can be considered on its individual merits, any significant discrepancies (e.g., age difference over one year) may mean that the family needs to obtain an amended USCIS approval. 

Given that Ukraine does not allow pre-selection of children eligible for intercountry adoption, most American prospective adoptive parents do not know the exact age, gender, health condition and sometimes even the number of their prospective adopted child(ren).  American families adopting from Ukraine are often compelled by the Government of Ukraine to accept a child or children of the age, gender and health condition different from that specified in their home study.  We strongly recommend that such adoptive parents initiate the process of obtaining an amended USCIS approval as early as possible. To do so, adoptive parents first have to obtain an addendum to their home study from their agency or social worker, which then should be submitted to the appropriate USCIS office.  Only after the U.S. Embassy in Kyiv receives an amended approval notice (or Visas 37 cable) from USCIS will the Embassy be able to process an immigrant visa for the adopted child.

Questions regarding this information may be addressed to the U.S Embassy in Kyiv.