(a) Processing.

When an orphan petition, Form I-600, is received, an "A" file should be opened and the petition processed in accordance with AM 2761, 2793.13, and 2793.17. If the petition is filed at a stateside office in a case involving travel of the unmarried petitioner or the married petitioner or spouse or both to a country with an overseas Service Office, at the petitioner's request, the "A" file may be forwarded to the overseas office for completion of the processing. (TM 8/84)

(b) Adjudication.

(1) Agency checks. In orphan petition cases, the only agency checks required are the fingerprint checks of the petitioner and spouse, if married. In order to do a fingerprint check in an orphan case, Form FD-258 must be forwarded to the FBI Identification Division without any other form attached. The notation "ORPHAN" must be written with a bright green felt-tipped pen or stamped with a bright green stamp in the space for reason fingerprinted on Form FD-258. The ORI number on Form FD-258 must relate to the Service office of origin. Where Forms FD-258 with ORI number relating to the office of origin cannot be obtained, the three letter code should be written with a bright green felt-tipped pen or stamped with a bright green stamp in the space for miscellaneous number on Form FD-258. (TM 8/84)

Form FD-258 will be returned to the office of origen. The FBI will indicate directly on that form if there is no arrest record. If there is an arrest record, the FBI will attach a copy of the record directly to the form.

The reply from the FBI must be awaited before making a decision in an orphan case. If the first set of fingerprints of a petitioner or spouse, if married, is illegible, a second set of fingerprints must be processed. In order to avoid unnecessary delays, however, the second set of fingerprints should be processed on a post-audit basis provided that the name check is negative.

(2) Investigation. A stateside investigation will not be conducted unless necessary toresolve a serious conflict which cannot be settled through a personal interview with the petitioner and spouse, if married, or by consultation with the agency which has recommended the home study.

(3) Financial capability. 8 CFR 204.2(d)(2) requires that a valid home study contain a factual evaluation of the financial capabilities of the prospective or adoptive parent or parents to rear and educate the child. 8 CFR 204.2(d)(1) no longer requires submission of evidence of financial capability. Examiners should therefore scrutinize all home studies to determine whether, in each case, the petitioner's financial ability in support and rear the child has been considered.

(4) Home study.

(i) Deficient home study. Where a home study contains insufficient information or does not meet the criteria of a valid home study in any other manner, the petitioner should be advised to point out the deficiencies to the recommending agency. Should the agency fail or refuse to take corrective action to amend the home study to meet the criteria as published in the regulations, the petition should be returned to the petitioner with a description of the deficiencies and a request that the petition be resubmitte d with a valid home study as required by 8 CFR 204.2(d)(1). The deficient home study should be retained in the file. If the petition is resubmitted without a valid home study as required, the petition should be denied, and the pertinent section of the regulations should be cited.

(ii) New recommendation after adverse information is developed. When derogatory information about the adoptive or prospective parent(s) is developed which is not reflected in the home study, the petitioner must be requested to submit a statement from an official of the agency which originally recommended the adoption or proposed adoption:

(A) indicating that he or she is aware of the details of the derogatory information;

(B) giving a new evaluation of the adoptive or prospective adoptive parent(s) capabilities to rear and educate the child properly in light of the derogatory information; and

(C) giving a new recommendation regarding the adoption or proposed adoption.

(iii) Home study from unlicensed or foreign agency. A responsible state agency or licensed agency can accept a home study made by an unlicensed or foreign agency and use that home study as a basis for a favorable recommendation in order to meet the requirements of 8 CFR 204.2(d)(2).

(5) Child adopted in Germany of provisionally adopted in the United Kingdom.

(i) Natural parent divested of rights. When a child has been provisionally adopted in the United Kingdom (including the Channel Islands and the Isle of the Man) or has actually been adopted in Germany, the laws of those countries divest the natural parent of any rights or obligations with respect to the child. Accordingly, there may be difficulty in learning the identity or location of the sole or surviving parent.

(ii) No release or determination regarding sole or surviving parent. A Form I-600 Petition on behalf of a child provisionally adopted in the United Kingdom or actually adopted in Germany may be approved, if otherwise approvable, without a determination that the sole or surviving parent is unable to care for the child properly when the Service is unable to ascertain that parent's identity or whereabouts; also, the requirements for the written release for the child's emigration and adoption may be waived when th e Service is satisfied that the petitioner is unable to identify or locate the parent in order to obtain it.

(iii) Memorandum for file. A memorandum should be placed in the file explaining the reason for approval of a petition in behalf of a child adopted in Germany or provisionally adopted in the United Kingdom when it is approved without a determination of the sole or surviving parent's inability to care for the child properly or without that parent's irrevocable written release for the child's emigration and adoption.

(6) Bolivian child.

(i) Requirement for removing a child from Bolivia. The Department of State has advised that, in order for a foreign prospective adoptive parent lawfully to remove a Bolivian child from Bolivia for purposes of adoption, the person(s) seeking to remove the child must first obtain a decree of adoption, arrogation (which applies principally in the case of orphans), or guardianship (tutela) from the Bolivian Court of Family Justice (Juez de Familia.) An award of temporary custody (tenencia) from the juvenile court (Tribunal Tutelar de Monores) is not legally sufficient under Bolivian law to permit removal of the child. Failure to observe the proper procedures could not only frustrate the intended adoption but could also cause added delays and expense and subject the prospective parent(s) to civil or administrative sanctions in Bolivia.

(ii) Actions required of adjudicating officers. Officers adjudicating orphan petitions in behalf of Bolivian children coming to the United States for adoption must:

(A) notify the petitioners and spouses, if married, while the petitions are being processed, that they have to follow the correct legal procedures for removing the children from Bolivia in order for the children to obtain immigrant visas after approval of the orphan petitions.

(B) notify the petitioners that only submission of proof of custody (i.e., a decree of adoption, arrogation, or tutela) awarded by the Family Court of Justice (Juez de Familia) will permit issuance of immigrant visas in Bolivian orphan petition cases.

(C) add the following wording to approval notices in all Bolivian cases which are approved:

The Department of State has advised that in order for a prospective adoptive parent to obtain the necessary legal documentation to take a Bolivia for adoption in another country, the prospective adoptive parent must be awarded custody of the child (i.e., a decree of adoption, arrogation, or tutela) by the Family Court of Justice (Juez de Familia). An award of temporary custody (i.e, tenecia) by the juvenile court (Tribunal Tutelar de Monores) is not sufficient to permit removing a child legally from Bolivi a.

(D) prepares memoranda for files that the actions described in items A, B, and C above have been taken.

(7) Preadoption requirements. The preadoption requirements vary from state to state. Evidence of compliance with the preadoption requirements, if any, of the state of the child's proposed residence is not always available at the time of filing a petition. It therefore does not necessarily have to be submitted initially with a petition for a child coming to the United States for adoption. That evidence, however, must be submitted prior to approval of the petition.

(8) Adoption decree. If an orphan is adopted abroad by a married United States citizen petitioner, the adoption decree must show that the adoption was by husband and wife jointly. If an orphan is adopted abroad by a unmarried United States citizen petitioner, the decree must show that he or she was at least twenty-five years of age at the time of adoption.

(9) Disposition of approved petition and documents.

(i) Documents forwarded overseas. If the petition is approved, it should be forwarded to the designated American consul with:

(A) All documentary evidence relating to the orphan including the irrevocable release, if applicable;

(B) the adoption decree or preadoption certificate, if any; and

(C) a Form I-604 request to conduct the necessary overseas orphan investigation in accordance with O.I. 204.3(c)

(ii) Documents retained in file. The home study and Service investigative report; if any, should be retained in the "A" file. If the supporting evidence relating to citizenship and material status is in the form of copies of documents which have been certified by an attorney to be true and complete copies of the originals, the copies should be retained in the "A" file. Original documents relating to citizenship and marital status should be returned to the petitioner.

(10) Notification of decision to agency. The interested voluntary or responsible state agency, if any, should be informed of the decision.

(11) Cable notification to Seoul, Korea. When cable notification of the approval of an I-600 petition is sent to the American Embassy in Seoul, Korea, the name and address of the interested agency in Korea should be included.

(c) Overseas investigation.

(1) General. After receipt of the approved petition, the American consul will conduct an overseas investigation during the processing of the visa application. The purpose of the investigation is to confirm that the child is an orphan and has no significant affliction or disability not set forth in the petition. Form I-604 should be used to request the consul to conduct the investigation. It should be forwarded directly to him/her in the manner prescribed in AM 2793.13. The approved petition and relating do cument should be attached to Form I-604. If the consul develops no adverse information, he/she will proceed with the processing of the visa application.

(2) When adverse information is developed.

(i) Return of petition to office of origin. If adverse information is developed, the consul will suspend action on the visa application and return the petition with the completed Form I-604 to the Service office of origin.

(ii) Adverse information relating to orphanage. If a Service office receives a report of adverse information relating to orphanage and the district director believes that the child is not an orphan as defined in section 101(b)(1)(F) of the Act, the petitioner and spouse, if married, should be so notified at an interview. The petitioner should be given the choice of withdrawing the petition or having a determination of orphanage made in formal revocation proceedings. The consul should be notified by memorandum of the final action. The petition and Form I-604 should be attached to the memorandum for return to the consul only if the action taken is favorable to the petitioner.

(iii) Adverse information relating to affliction or disability. If the adverse information relates to an affliction or disability, the pertinent details should be furnished to the petitioner and spouse, if married, at an interview. Should they elect to proceed with the petition, the information concerning the affliction or disability should be incorporated at the bottom of page 1 of Form I-600 and initialed by the petitioner and spouse, if married. The consul should be notified by memorandum of the final actio n. The petition and Form I-604 should be attached to the memorandum for return to the consul only if the petitioner and spouse, if married, elect to proceed with the petition.

(d) Child in the United States.

When a Form I-600 is filed in behalf of a child who is in the United States, either illegally or as a nonimmigrant, or who is in parole status but has already been adopted, or who is in parole status but has already been adopted in the United States, the petition should be rejected. The petitioner should be advised of the action taken. The Form I-600 should be forwarded to the regional commissioner with a request for refund of the filing fee on a Form G-266 bearing the notation "I-600 should not have been accepted per 8 CFR 201.1(B)(2)(iii).

(e) Processing of orphan petition without full documentation or home study.

(1) General. When an orphan petition is submitted without documentary evidence relating to the child or a home study pursuant to 8 CFR 204.2(e) , an "A" file should be opened and the fingerprint checks of the adoptive or prospective parent(s) should be processed as provided in O.I. 204.3(b)(1) Final adjudication, however, will not take place until all evidentiary requirements are satisfied.

(2) Deniable petition. If statutory grounds for denial exist or adverse information is developed which indicates that the petition should be denied, the petition should be returned to the petitioner.

The petitioner should be advised that the petition is being returned because there are grounds for denial but that a decision will not be rendered unless the petition is resubmitted within one year from the date of its initial submission with any evidence which is lacking. The petitioner should also be advised of the grounds for denial. If the petition is resubmitted within the time allowed with all necessary evidence and the grounds for denial are not overcome, the petition should be denied.

(f) Liaison with responsible state agencies and licensed agencies.

(1) General. The district director in each district will assign one or more examiners to maintain direct and continuous liaison with all state and local officials who have jurisdiction in orphan adoption proceedings in each district. In areas of overlapping jurisdiction, the assigned examiners will confer jointly with the officials to avoid conflict. The designated examiners will also conflict and maintain liaison with all state or United States licensed public or private adoption agencies in addition to sta te and local officials.

(2) Matters to be discussed with officials and agencies. Matters to be discussed may include, out are not limited to:

(i) the existence or extent of preadoption requirements in any state;

(ii) the legal possibility of single-parent adoption;

(iii) home studies and elements contained in them;

(iv) the effects, if any, of the Interstate compact on the Placement of Children on the processing of cases; and

(v) notification by a state to this Service that compliance by prospective adoptive parent(s) with preadoption requirements of the state has been accomplished.

(3) Maintaining records in district offices. Formal or informal agreements between this Service and the various agencies and replies resulting from formal inquiries to the attorney general of a state, a state department of welfare, or any agencies should be made a matter of record and should be maintained in the district offices for the sake of continuity.

(g) Advance processing.

(1) General. When an advance processing application is received by a Service office in the United States or overseas, the application and supporting documents must be maintained in a workfolder in the adjudications section under the petitioner's surname in accordance with AM 2761.06. The fingerprints should be handled as provided in O.I. 204.3(b)(1) . (TM 8/84)

When the response to the fingerprint check(s) is positive or other derogatory information is received regarding the case, an "A" file must be created immediately under the petitioner's name, and the contents of the workfolder must be placed in the "A" file. (TM 8/84)

(2) Home study.

(i) Deficient home study. When a home study submitted in support of an advance processing application contains insufficient information or does not meet the criteria of a valid home study in any other manner, the petitioner should be advised to pint out the deficiencies to the recommending agency. Should the agency fail or refuse to take corrective action to amend the home study to meet the criteria as published in the regulations, an unfavorable determination should be made concerning the advance processing application.

(ii) New recommendation after adverse information is developed. When derogatory information about the prospective adoptive parent(s) is developed which is not reflected in the home study, the prospective petitioner must be requested to submit a statement from an official of the agency which originally recommended the proposed adoption:

(A) indicating that he or she is aware of the details of the derogatory information;

(B) giving a new evaluation of the prospective adoptive parent(s) capabilities to rear and educate the child properly in light of the derogatory information; and

(C) giving a new recommendation regarding the proposed adoption.

(3) Completion of advance processing.

(i) General. Upon completion of the fingerprint checks and receipt of the home study if not submitted initially, the district director or officer in charge shall determine whether the prospective adoptive parent or parents are able to furnish proper care to a beneficiary orphan. Original documents relating to citizenship and marital status will be returned to the petitioner.

(ii) Favorable determination. The district director or officer in charge shall notify the petitioner of a favorable determination concerning an application for advance processing with Form I-171H, Notice of. Favorable Determination Concerning Application for Advance Processing of Orphan Petition, accompanied by a blank Form I-600 for each prospective adoptive child.

(iii) Bolivian Case. In any case where the prospective adoptive parents are traveling to Bolivia, the following wording must be added to Form I-171H:

The Department of State has advised that in order for a prospective adoptive parent to obtain the necessary legal documentation to take a Bolivian child out of Bolivia for adoption in another country, the prospective adoptive parent must be awarded custody of the child (i.e., a decree of adoption, arrogation, or tutela) by the Family Court of Justice (Juez de Familia). An award of temporary custody (i.e., tenecia) by the juvenile court (Tribunal Tutelar de Menores) is not sufficient to permit removing a ch ild legally from Bolivia. Only following the correct legal procedures for removing a child from Bolivia will permit issuance of an immigrant visa in a Bolivian orphan case.

(4) When orphan petition is filed at a Service office. When a completed Form I-600 is filed in behalf of a child at a Service office, an "A" file will be opened under the child's name as provided in AM 2761.06 and processing will be completed.

(5) Petitioner and/or spouse, if married, traveling abroad.

(i) General. When the prospective parent or parents are proceeding abroad, the case may be retained at the stateside office to facilitate the processing of the petition as provided in 8 CFR 204.1(b) (iii)(A). Otherwise, upon completion of the agency checks and receipt of the home study when not submitted initially, if the district director at a stateside Service office makes a favorable determination concernireflecting that determination will be forwarded to the American consulate or embassy having jurisdiction over the place where the child is residing or will be located except when the child is residing or will be locate in Austria, Germany, Greece, India, Italy, Korea, Singapore, Panama, the Philip pines, Hong Kong, Mexico, or Thailand. Information concerning the preadoption requirements, if any, of the state of the child's prosposed residence must also be included on Form I-600A. In addition, if the preadoption requirements, if any, have been, met, this information should be furnished on Form I-600A. Form I-604 should be forwarded to the consulate or embassy with Form I-600A.

(ii) Disposition of materials retained at stateside office.

(A) Workfolder with no derogatory information. When Form I-600A is forwarded to an American consulate or embassy, the district director will return any documentary evidence submitted in support of the application to the petitioner with the home study. If the home study was submitted directly by a responsible state agency or licensed agency, however, it will be returned to that agency. All other relating materials will be destroyed.

(B) Workfolder with derogatory information. When a district director has made a favorable determination concerning an advance processing application, even though the response to the fingerprint checks was positive or there is other derogatory information contained in the workfolder, the petitioners's "A" number will be noted on Form I-600A before it is forwarded to the American consulate or embassy.

(iii) Child in country with overseas Service office. If the child is residing or will be located in Austria, Germany, Greece, India, Italy, Korea, Singapore, the Philippines, Hong Kong, Mexico, Panama, or Thailand, Form I-600A endorsed to reflect the favorable determination and information concerning the preadoption requirements of the state of the child's intended residence should be forwarded with the entire workfolder to the overseas office of this Service having jurisdiction over the child's place of reside nce.

(iv) Telegraphic notification. When the prospective parent or parents are proceeding abroad and desire to file Form I-600 abroad, the district director at the stateside Service office shall notify the American consulate or embassy or overseas Service office telegraphically if there has ben a favorably determination.

(v) Adjudication of orphan petition by consular officer. Upon receipt at an American consulate or embassy, the I-600 will be adjudicated by a consular officer who will conduct the overseas orphan investigation during the course of the adjudication. The purpose of the investigation is to determine whether the child is an orphan as defined by section 101 (b)(1)(F) of the Act and whether the child has any affliction or disability. The report of investigation should be prepared on Form I-604. (TM 2/83)

(vi) When adverse information is developed during adjudication by consular officer.

(A) Adverse information relating to orphanage. If the documentary evidence submitted in support of the petition reflects, or the consular officer develops information which indicates, that the child is not an orphan as defined by section 101(b)(1)(F) of the Act, the consular officer shall forwarded the orphan petition with all attachments to the Service office which has jurisdiction over the place where the beneficiary is residing. The district director or officer in charge will then complete all action on th e petition. (TM 2/83)

(B) Adverse information relating to affliction or disability. If the consular officer develops adverse information relating to an affliction or disability, the consular officer shall furnish all pertinent details to the petitioner and spouse, if married. Should the petitioner and spouse, if married, elect to proceed with the petition, the information concerning the affliction or disability should be incorporated at the bottom of page 1 of Form I-600 and initialed by the petitioner and spouse, if married. If the petitioner and spouse, if married, choose not to proceed with the petition, the consular officer shall forward Form I-600A, Form I-604, and all relating materials to the Service office of origin for creation of an "A" file under the beneficiary's name. (TM 2/83)

(vii) Adjudication of orphan petition at overseas Service office. Upon receipt in an overseas service office, the I-600 will be handled in the same manner as at a stateside office. (TM 2/83)

(6) Abandonment of advance processing.

(i) Advance processing on file at service office.

(A) Child not located and identified. In the event that an orphan petition is not filed in behalf of a child within one year of the date of completion of all advance processing in a case with a favorable determination which is on file at a service office, the district director or officer in charge shall advise the petitioner in writing that the advance processing application is considered abandoned. Unless an "A" file has been created under the petitioner's name, any documentary evidence submitted in support of the application will be returned to the petitioner's name, any documentary evidence submitted in support of the application will be returned to the petitioner with the home study. (if the home study was submitted directly by a responsible state agency or licensed agency, however, it will be returned to that agency). (TM 8/84)

(B) Home study not submitted. If an advance processing application is submitted without a home study and the home study is not submitted within one year from the date of initial submission of the application, the district director or officer in charge shall advise the petitioner in writing that the application is considered abandoned. Unless an "a" file has been created under the petitioner's name, any documentary evidence submitted in support of the application will be returned to the petitioner. (TM 8/84)

(C) Disposition of abandoned I-600A and attachments. Unless an "A" file has been created under the petitioner's name, when an advance processing application on file at a service office is considered abandoned, the I-600A and any attachments will be destroyed. (TM 8/84)

(ii) Advance processing application on file at American consulate or embassy.

(A) Child not located and identified. In the event that an orphan petition is not filed in behalf of a child within one year of the date of completion of all advance processing in a case where form I-600A is on file at an American consulate or embassy, the consular officer shall advise the petitioner in writing that the advance processing application is considered abandoned. (TM 2/83)

(B) Disposition of abandoned I-600A. When an advance processing application on file at a consulate or embassy is considered abandoned, Form I-600A will be destroyed. (TM 2/83)