Chapter 5 - Action on Pending or Approved Suitability Determinations
A. Overview
Throughout the intercountry adoption process, USCIS must be satisfied that the prospective adoptive parent (PAP) remains suitable to adopt a child. Therefore, it may be necessary for the PAP to request action on a pending or approved suitability determination.
The PAP must submit an updated home study[1] when any of the following occur before the child immigrates to the United States or before final approval of the child’s immigration petition if the child and PAP will reside outside the United States and do not seek an immigrant visa for the child:
- The PAP wants to request an extension of the suitability application approval or submit a new suitability application after the approval has expired; or
- There is a significant change (that was not previously assessed).[2]
USCIS does not limit the number of times a home study preparer can update a home study.
PAPs and adult members of the households (AMHs) also may need to update their biometrics throughout the intercountry adoption process.[3] PAPs and AMHs are not required to maintain continuous biometric validity. However, all biometric background check results must be valid for USCIS to approve a:
- Suitability application;
- Request for action on an approved suitability application; or
- Immigration petition (for the child).[4]
B. Validity Periods and Extensions
1. Home Study Validity
The home study, or the most recent update of the home study, cannot be more than 6 months old at the time of submission to USCIS.[5] If a home study will be more than 6 months old at the time of submission to USCIS, the PAP must ensure that it is updated by the home study preparer before submission.
USCIS considers a home study that is valid at the time of submission, to remain valid until the suitability application approval expires or there is a significant change (that was not previously assessed).[6]
2. Suitability Approval
Initial Approval
The initial approval of the suitability application[7] expires 15 months after the date of the approval unless approval is revoked.[8]
Extensions
PAPs seeking a first or second no-fee extension of their suitability application approval must submit a Request for Action on Approved Form I-600A/I-600 (Form I-600A/I-600 Supplement 3) (for the orphan process), or Request for Action on Approved Form I-800A (Form I-800A Supplement 3) (for the Hague Adoption Convention process) and an updated home study before their approval expires and may do so up to 90 days before its expiration. There is no fee for the first or second extension request, but there is a fee for subsequent extensions.[9]
USCIS does not limit the number of extensions that a PAP may request. However, if the PAP’s suitability application approval expires before the PAP submits the request, the PAP must file a new suitability application or combination filing (for orphan cases), with the appropriate fee.[10] To request an extension, the PAP files a Request for Action on Approved Form I-600A/I-600 (Form I-600A/I-600 Supplement 3) (for the orphan process) or Request for Action on Approved Form I-800A (Form I-800A Supplement 3) (for the Hague Adoption Convention process) in accordance with form instructions, with the applicable fee.
If USCIS does not approve a request for an extension of an approved suitability application, it does not serve as a revocation or denial of the original approval notice. However, the notice of approved suitability lapses 15 months from the approval of the application. The PAP cannot appeal or challenge the USCIS decision on the extension request. The PAP may file a new suitability application,[11] with the required fee and documentation even if USCIS denied the extension request.
Impact of Filing the Child’s Petition
Once a PAP files the child’s Petition to Classify Orphan as an Immediate Relative (Form I-600) or Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800), they do not need to continue to extend or file new suitability applications. However, the PAP and any adult household member have an ongoing duty of disclosure throughout the intercountry adoption process, and need to continue to notify USCIS and their home study preparer of any significant changes.
Duplicate Approval Notices
The PAP may obtain a duplicate approval notice by filing a Request for Action on Approved Form I-600A/I-600 (Form I-600A/I-600 Supplement 3) (for the orphan process) or Request for Action on Approved Form I-800A (Form I-800A Supplement 3) (for the Hague Adoption Convention process).[12]
C. Significant Changes
USCIS has the discretion to consider any new information or event that might affect a PAP’s suitability to be a significant change that necessitates an updated home study. PAPs must notify USCIS of any significant changes.[13] Significant changes include, but are not limited to, the following:
- A significant change in the PAP’s household such as a change of residence, marital status, criminal history, significant decrease in financial resources, or a change in the number or identity of children in the home or of AMHs;[14]
- A change in the number or characteristics of the child(ren) the PAP intends to adopt that was not previously assessed (such as age, gender, nationality, or special needs):[15]
- A change that requires that the home study preparer address state pre-adoption requirements or address a new state’s requirements if the child will be coming to the United States for adoption and the last home study submitted did not address these requirements;[16] or
- A change in the country from which the PAP seeks to adopt if the last home study submitted to USCIS did not recommend the PAP for the new country.[17]
If a significant change occurs, the PAP must notify USCIS and submit an updated home study that reflects the significant change, in accordance with the form instructions.[18]
1. Significant Change in the PAP’s Household
While the request for a suitability determination[19] is pending, the PAP must notify USCIS in writing of any significant change. After the request for a suitability determination is approved, the PAP must submit a Request for Action on Approved Form I-600A/I-600 (Form I-600A/I-600 Supplement 3) (for the orphan process) or Request for Action on Approved Form I-800A (Form I-800A Supplement 3) (for the Hague Adoption Convention process) to report a significant change with fee,[20] if applicable.
There is no fee associated with requesting an updated suitability approval due to a significant change before the approval of the suitability application. There is a fee for requesting an updated suitability determination based on a significant change after USCIS has made the suitability determination (unless being submitted at the same time as a first-time or second-time request for either an extension or change of country).[21] For any request for an updated suitability approval due to a significant change, the PAP must submit an updated home study.
Significant changes include, but are not limited to, a change in marital status, household composition, residence, financial resources, or criminal history.[22]
Change in Marital Status
If the significant change that occurs is a change in marital status, the PAP must submit a new suitability application with an updated home study. If the PAP is married, the spouse must also sign the new form. If the change in marital status takes place before USCIS approves the suitability application or combination filing, there is no fee. However, if the change in marital status takes place after USCIS has approved the suitability application, combination filing, or request, the PAP must submit a new version of the appropriate form or request with any appropriate fee.[23]
Household Composition
The PAP must submit an updated home study if there is any change in the number or identity of children or AMHs in the PAP’s household.
Financial Resources
USCIS generally only considers a change in financial resources to be a significant change if there is significant decrease in the PAP’s financial resources that causes reasonable concern about the PAP’s financial suitability. This includes, but is not limited to:
- Any decrease or loss of assets that impacts the PAP’s financial suitability or puts the PAP’s income below the U.S. Department of Health and Human Services’ (HHS) poverty guidelines; or
- A significant increase in debts or expenses that would impact the PAP’s financial suitability or put the family below the HHS poverty guidelines.[24]
Pregnancy
USCIS generally does not consider pregnancy a significant change unless it significantly impacts the household member’s physical, mental, emotional, or behavioral health or significantly decreases the PAP’s financial resources.
Once the household member gives birth, if the child is part of the household, USCIS considers this a change in household composition that counts as a significant change.
Miscarriage
USCIS generally does not consider miscarriage a significant change unless it significantly impacts the household member’s physical, mental, emotional, or behavioral health or significantly decreases the PAP’s financial resources.
Serious Health Conditions
USCIS considers a household member’s development of a serious health condition to be a significant change. Serious health conditions include, but are not limited to, heart attacks, heart conditions requiring operation, cancers, strokes, conditions requiring extensive therapy or surgical procedures, chronic obstructive pulmonary disease, severe respiratory conditions or nervous disorders, mental disorders or dementia, and severe injuries.
History as an Offender
USCIS considers any change in criminal history or the history of abuse or violence as an offender (substance use, sexual abuse, child abuse or neglect, or family violence), whether or not it resulted in an arrest or criminal charges, to be a significant change.
Child Placement or Adoption
If multiple children are adopted and enter the household at different times throughout the suitability application validity period, an updated home study addressing the addition of a child into the home and an updated suitability application approval is required.
2. Change of Country
A PAP must request an updated suitability approval to reflect a change of country if the PAP seeks to adopt from a country that is different than what the PAP indicated on the suitability application. A PAP may file for a change of country at any time. USCIS does not limit the number of change of country requests that the PAP may submit.
While the suitability application is pending, the PAP must notify USCIS in writing to request a change of country.[25] After the suitability application is approved, the PAP must submit a Request for Action on Approved Form I-600A/I-600 (Form I-600A/I-600 Supplement 3) (for the orphan process) or Request for Action on Approved Form I-800A (Form I-800A Supplement 3) (for the Hague Adoption Convention process) to request a change of country, with fee,[26] if applicable. There is no fee associated with changes of country before the approval of the suitability application or for the first or second change of country request after the suitability application is approved.[27] There is a fee for any subsequent change of country request.[28] The PAP must submit an updated home study if the prior home study submitted to USCIS did not recommend the PAPs for adoption of a child from the new country.
3. Summary of Change and Update Requirements
The following tables provide a summary of the change and update requirements associated with suitability determinations for either orphan or Hague cases.
Requested Action | Type of Request | PAP Submits to USCIS[29] | Fee Requirement |
|---|---|---|---|
| Extend the validity of an approved suitability application | First or second extension | A Request for Action on Approved Form I-600A/I-600 (Form I-600A/I-600 Supplement 3) (for the orphan process) or Request for Action on Approved Form I-800A (Form I-800A Supplement 3) (for the Hague Adoption Convention process)[30] | No fee |
| Extend the validity of an approved suitability application | Third or subsequent extensions | A Form I-600A/I-600 Supplement 3 or Form I-800A Supplement 3 | With fee |
| Change the country from which the PAP is approved to adopt | Before approval of suitability application | A written notification | No fee |
| Change the country from which the PAP is approved to adopt[31] | After suitability application is approved – first or second request | A Form I-600A/I-600 Supplement 3 or Form I-800A Supplement 3 | No fee |
| Change the country from which the PAP is approved to adopt[32] | After suitability application is approved – third or additional request | A Form I-600A/I-600 Supplement 3 or Form I-800A Supplement 3 | With fee |
| Notify USCIS of a significant change | Before approval of suitability application or Form I-600 combination filing suitability determination | A written notification | No fee |
| Notify USCIS of a significant change | After approval of suitability application or Form I-600 combination filing suitability determination | A Form I-600A/I-600 Supplement 3 or Form I-800A Supplement 3 | No fee |
| Notify USCIS of a change in marital status | Before approval of suitability application or Form I-600 combination filing suitability determination | A new suitability application or Form I-600 combination filing | No fee |
| Notify USCIS of a change in marital status | After approval of suitability application or Form I-600 combination filing suitability determination | A new suitability application or Form I-600 combination filing | With fee |
D. Home Study Update Requirements
1. Contact Requirements
USCIS does not require that the home study preparer conduct another home visit unless the PAP has moved,[33] the law of the jurisdiction requires it, or the home study preparer requires it. The home study preparer may conduct the home study update by any means of contact.
The home study update must describe the contacts made to update the home study, including the:
- Number of interviews and visits;
- Participants;
- Date(s); and
- Location and type of each contact (such as home visit, other location, telephonic, email, or video conference).
2. Format
USCIS does not prescribe a set format or length for home study updates. A home study update may be either:
- An update that just addresses the circumstance(s) that require the update; or
- A new and complete home study.
USCIS does not accept addendums or corrections that do not address all necessary requirements.
3. Required Screening and Assessments
The home study preparer must assess if anything has changed since the last home study or home study update. If so, the home study preparer must assess what changed, and any impact on suitability.
The home study preparer must update the required screenings,[34] which requires that the home study preparer:
- Re-ask the questions about abuse or violence;[35]
- Re-ask the questions about criminal history, and if applicable, rehabilitation;[36] and
- Update the child abuse registry checks.[37]
For a home study update, the home study preparer only needs the results of such child abuse registry checks for the current residence and any state or foreign country the PAP or any AMH has resided in since the prior home study or home study update. The home study preparer does not need to recheck child abuse registries for prior residences that were included in a prior home study or prior home study update unless the PAP or any AMH have resided in that state or foreign country since the last check was completed. Child abuse registry checks for the PAP’s state of residence and any place they have resided in since the prior home study (or home study update) must be current[38] at the time the home study preparer signs the home study update.
The home study update must:
- Include the dates and results of the required screenings and assessments (the updated child abuse registry check and responses to the questions on criminal history or history of abuse or violence);
- Fully address anything that has changed since the last home study or home study update; and
- Confirm that the other areas of the last home study or home study update have not changed.
4. Recommendation, Signature, and Attestations
The home study update must:
- Include a statement from the preparer that the preparer has reviewed the home study being updated and is personally and fully aware of its contents; and
- Address whether the preparer recommends the PAP and the specific reasons for the recommendation.
The home study preparer must sign and date the home study update. The home study preparer’s signature on an update must be original.[39]
5. Supporting Documentation
The home study update must be accompanied by a copy of the home study that is being updated.
E. Biometrics Validity and Updates[40]
PAP and AMH biometric-based background check results are valid for 15 months.
In its discretion, USCIS may update or refresh a biometric-based background check result one-time, without fee, for intercountry adoption cases if the 15-month validity period has or will expire before final adjudication of a PAP’s case.[41] When USCIS receives a no-fee extension or a one-time, no-fee biometrics request, USCIS first attempts to refresh PAP and AMH biometrics rather than requiring a new biometrics submission at an Application Support Center (ASC).[42] If, for any reason, USCIS is unable to update or refresh a biometric-based background check result, that person is required to submit biometrics again or failure to do so may result in a denial for abandonment.[43]
F. Hague Adoption Convention Transition Cases
When the Hague Adoption Convention enters into force for a country, cases that meet certain criteria are generally permitted by the new Convention country to proceed as transition cases under the non-Hague Adoption Convention process.[44] Provided that the new Convention country agrees with the transition criteria, USCIS will generally consider a case to be a transition case if, before the date the Convention entered into force for the country, the PAP:
- Filed an Application for Advance Processing of an Orphan Petition (Form I-600A) that designated the transition country as the intended country of adoption or did not designate a specific country and filed the Form I-600 while the Form I-600A approval was still valid;
- Filed a Form I-600 on behalf of a child from the transition country; or
- Completed the adoption in accordance with the country of origins laws and procedures of a child from the transition country.
If the case does not qualify as a transition case, the PAP will generally need to follow the Hague Adoption Convention process with the filing of an Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A) and Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800). There are certain limitations on when a Request for Action on an Approved Form I-600A/I-600 (Form I-600A/I-600 Supplement 3) can be used in the context of transition cases including:
- PAPs may only request a one-time extension of their suitability application approval as a qualified transition case;
- PAPs who designated a non-transition country on their Form I-600A or previously changed countries to a non-transition country generally may not change their Form I-600A approval to a transition country for purposes of being considered a transition case; and
- PAPs with transition cases generally may not request an increase in the number of children they are approved to adopt from a transition country.[45] However, unless prohibited by the new Convention country, PAPs may request an updated suitability approval notice to increase the number of children they are approved to adopt as a transition case only to pursue the adoption of a birth sibling, provided that birth siblings are identified and the Form I-600 petition is filed before the Form I-600A approval expires.[46]
Footnotes
[^ 1] This Part uses the term updated home study or home study update, rather than amended home study or home study amendment. See 8 CFR 204.311(u).
[^ 2] See Section C, Significant Changes [5 USCIS-PM B.5(C)].
[^ 3] For more information, see Chapter 5, Action on Pending or Approved Suitability Determinations, Section E, Biometrics Validity and Updates [5 USCIS-PM B.5(E)].
[^ 4] See the Petition to Classify Orphan as an Immediate Relative (Form I-600). See the Petition to Classify Convention Adoptee as an Immediate Relative (Form I-800).
[^ 5] This means that no more than 6 months have passed since the home study preparer signed and dated the home study. For more information on filing timeframes, see Volume 1, General Policies and Procedures, Part B, Submission of Benefit Requests, Chapter 6, Submitting Requests, Section D, Filing Periods Ending on Weekends or Federal Holidays [1 USCIS-PM B.6(D)].
[^ 6] The jurisdiction where the PAP resides and the country from which they are adopting may have additional requirements for home study updates.
[^ 7] For the Hague Adoption Convention process, see the Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A). For the orphan process, see the Application for Advance Processing of an Orphan Petition (Form I-600A).
[^ 8] See 8 CFR 204.3(h)and 8 CFR 204.312(e).
[^ 9] See Fee Schedule (Form G-1055).
[^ 10] See 8 CFR 106.2(a)(32).
[^ 11] For the Hague Adoption Convention process, see the Form I-800A. For the orphan process, see the Form I-600A.
[^ 12] See 8 CFR 106.2(a)(32) and 8 CFR 106.2(a)(48).
[^ 13] See Chapter 4, Home Studies, Section P, Duty of Disclosure [5 USCIS-PM B.4(P)].
[^ 14] See 8 CFR 204.311(u)(1)(i)-(iii). See the Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption, PM-602-0165, issued November 9, 2018.
[^ 15] See 8 CFR 204.311(u)(1)(iv).
[^ 16] See 8 CFR 204.311(u)(1)(vii).
[^ 17] See 8 CFR 204.311(u)(1)(v).
[^ 18] See instructions for the Application for Advance Processing of an Orphan Petition (Form I-600A). See instructions for the Application for Determination of Suitability to Adopt a Child from a Convention Country (Form I-800A). See USCIS’ Updated Home Studies and Significant Changes webpage. See USCIS’ Change of Country webpage.
[^ 19] For the Hague Adoption Convention process, see the Form I-800A. For the orphan process, see the Form I-600A or the Form I-600 for combination filings.
[^ 20] See Fee Schedule (Form G-1055).
[^ 21] See Fee Schedule (Form G-1055).
[^ 22] See 8 CFR 204.311(u)(1).
[^ 23] See 8 CFR 204.312(e)(2)(i).
[^ 24] PAPs generally need to demonstrate income at 125 percent of the poverty level for their household size unless the 100 percent exemption applies. The HHS poverty guidelines are a key tool that USCIS uses when evaluating financial resources but are not the sole factor.
[^ 25] See the USCIS Adoption Contact Information webpage.
[^ 26] See Fee Schedule (Form G-1055).
[^ 27] See Fee Schedule (Form G-1055).
[^ 28] See Fee Schedule (Form G-1055).
[^ 29] For information on how to submit certain written requests and notifications that are not made on a specific USCIS form, see the USCIS Adoption Contact Information webpage.
[^ 30] For the Hague Adoption Convention process, see the Form I-800A Supplement 3. For the orphan process, see the Form I-600A/I-600 Supplement 3.
[^ 31] This refers to a change from one orphan country to another orphan country, or from one Hague Adoption Convention country to another Hague Adoption Convention country. Form I-600A/I-600 Supplement 3 and Form I-800A Supplement 3 cannot be used to request a change in suitability approval from an orphan country to a Hague Adoption Convention country, or vice versa. PAPs must file a Form I-600A to change from a Hague Adoption Convention country to an orphan country, or a Form I-800A to change from an orphan country to a Hague Adoption Convention country.
[^ 32] This refers to a change from one orphan country to another orphan country, or from one Hague Adoption Convention country to another Hague Adoption Convention country. Form I-600A/I-600 Supplement 3 and Form I-800A Supplement 3 cannot be used to request a change in suitability approval from an orphan country to a Hague Adoption Convention country, or vice versa. PAPs must file a Form I-600A to change from a Hague Adoption Convention country to an orphan country, or a Form I-800A to change from an orphan country to a Hague Adoption Convention country.
[^ 33] If the PAP has a new permanent residence outside the United States and the adopted child will reside with the PAP there, the home study preparer must complete at least one home visit. The home study update must include a detailed description of where the PAP resides at the time of the update. The primary provider may use a foreign supervised provider (holding any license or other authorization that may be required to conduct adoption home studies in that country) to prepare that portion of the updated home study. An accredited agency must review and approve that portion of the home study. Alternatively, a public foreign authority may complete the update in compliance with U.S. regulations.
[^ 34] See 8 CFR 204.311(i)-(l). For more information on required screenings, see Chapter 4, Home Studies, Section I, Criminal History and History of Abuse or Violence [5 USCIS-PM B.4(I)].
[^ 35] See 8 CFR 204.311(j).
[^ 36] See 8 CFR 204.311(k)-(l).
[^ 37] See 8 CFR 204.311(i).
[^ 38] For more information on child abuse registry checks, see the Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption, PM-602-0165, issued November 9, 2018.
[^ 39] For more information on home study review and signature requirements, see Chapter 4, Home Studies, Section Q, Review, Signature, and Attestation [5 USCIS-PM B.4(Q)].
[^ 40] USCIS follows standard operating procedures when refreshing biometric results.
[^ 41] For more information, see the Background Checks webpage.
[^ 42] Since there are no ASCs abroad, PAPs who reside abroad must submit a completed Applicant Fingerprint Card (Form FD-258) or appear for biometrics collection where available.
[^ 43] For information on unclassifiable prints for the orphan process, see Chapter 2, Eligibility, Documentation, and Evidence (Orphan Process) [5 USCIS-PM B.2]. For information on unclassifiable prints for the Hague process, see Chapter 3, Eligibility, Documentation, and Evidence (Hague Process) [5 USCIS-PM B.3]. For information on failure to appear for interview or biometrics capture, see 8 CFR 103.2(b)(13).
[^ 44] See the Form I-600A and the Form I-600.
[^ 45] See USCIS’ Transition Cases webpage.
[^ 46] See 8 CFR 106.2(a)(32).