Chapter 9 - Pre-Adoption Immigration Review Programs

In certain countries, USCIS and the U.S. Department of State (DOS) have implemented Pre-Adoption Immigration Review (PAIR) programs, which require the orphan determination to be completed before the final adoption or grant of custody in the child's country of origin. The sections below outline when the orphan determination is conducted and who conducts it in each country that has a PAIR program.

A. Ethiopia

USCIS may accept orphan petitions filed on behalf of a child from, and physically located in, Ethiopia who is not yet the subject of a final legal custody order or final adoption by a prospective adoptive parent (PAP).^[1] PAPs adopting such children may file^[2] the orphan petition for a preliminary determination before traveling to and adopting a child in Ethiopia.

B. Taiwan

USCIS accepts orphan petitions filed on behalf of a child from, and physically located in, Taiwan who is not yet the subject of a final legal custody order or final adoption by a PAP.^[3] PAPs adopting such children are encouraged to file^[4] the orphan petition with USCIS in the United States before traveling to and adopting a child in Taiwan. The American Institute in Taiwan (AIT) may accept orphan petitions but forwards such petitions to USCIS in the United States for a preliminary determination of eligibility.

A PAP should file with USCIS a completed orphan petition together with all required evidence, except the adoption decree or grant of legal custody.^[5] In addition, a PAP adopting from Taiwan should submit:

• Evidence of availability for intercountry adoption generated by the Taiwan island-wide database;
• Signed adoption agreement between birth parents and PAPs for use in Taiwan district family courts; and
• Power of attorney appointing the Taiwan adoption service provider to represent the PAPs.

A USCIS officer reviews the petition and supporting evidence and requests that AIT conduct the necessary orphan determination to determine whether the child appears to qualify as an orphan and is otherwise likely eligible to immigrate to the United States based on the orphan petition. If USCIS makes a favorable preliminary determination that the child appears to meet the definition of an orphan^[6] and otherwise appears eligible to immigrate, USCIS issues a PAIR letter. This preliminary eligibility determination is not a final adjudication of the orphan petition and is not binding on USCIS. USCIS then forwards the file to AIT.

After the adoption or grant of legal custody is completed, the PAP submits the adoption decree or legal custody order and required identity documents for the child to AIT. AIT then issues the final approval of the orphan petition, if approvable. If AIT determines that the orphan petition is not clearly approvable at that time, AIT returns the orphan petition to USCIS for further processing.^[7]

Footnotes

[^ 1] For information on the current viability of intercountry adoption from Ethiopia, see DOS’s Ethiopia webpage. The PAP may be residing in the United States, overseas, or have traveled overseas to complete an adoption.

[^ 2] For filing instructions, see the Petition to Classify Orphan as an Immediate Relative (Form I-600) webpage.

[^ 3] The PAP may be residing in the United States, overseas, or have traveled overseas to complete an adoption.

[^ 4] For filing instructions, see the Form I-600 webpage.

[^ 5] See 8 CFR 103.2.

[^ 6] See INA 101(b)(1)(F) for the definition of an orphan.

[^ 7] See Chapter 8, Adjudication, Section E, Decisions and Actions, Subsection 4, Not Clearly Approvable Cases [5 USCIS-PM C.8(E)(4)].