Friday, November 18, 2011

Important Update from USCIS re visa processing

I'm posting this for all my friends (and friends I haven't met yet:-) who are still in process in case they haven't seen it yet...

Dear Stakeholder-

A USCIS team of four officers arrived in Ethiopia and began working
at Embassy Addis Ababa on November 7, 2011. As of the date of this
notice, the team has received 63 "not clearly approvable"
cases from Embassy Addis, and expects to receive at least 1 more case
before they depart on Friday, November 18, 2011. The following provides
a summary of the results of the team's review of the cases as of
November 15, 2011:

Approvals Issued: 36

Requests for Evidence Issued: 9

Notices of Intent to Deny Issued: 1

Under USCIS Team Review 9

Pending Birth Relative Interview 8

Pending Physical Transfer 1

During the team's first days in Addis, they began reviewing the
cases, and established procedures necessary for completing
adjudication and issuing notices. Embassy Addis is providing the
resources necessary for USCIS to be able to adjudicate the not clearly
approvable cases. Although the team has encountered some technological
challenges, the team has been issuing decisions and notices as soon as
they are able.

All cases that the team is able to approve before they depart from
Addis Ababa will stay with the Consular Section in Embassy Addis Ababa,
for immediate scheduling of immigrant visa processing. Families that
receive an approval notice will be contacted directly by the U.S.
Embassy within three business days. We strongly recommend that
families wait to be contacted regarding an immigrant visa interview
before making travel arrangements. Cases that require a Request for
Evidence or a Notice of Intent to Deny will be sent to the USCIS Rome
District Office for further processing.

Each family that received a Request for Evidence or a Notice of Intent
to Deny should carefully read the instructions regarding where to send
additional evidence to avoid delays in processing that could be caused
by sending the evidence to the incorrect USCIS Office. USCIS has
decided to utilize additional resources at the Rome District Office in
the ongoing processing of some of the affected cases in an effort to
ensure that they are processed to completion as quickly as possible.

In the coming weeks, USCIS and DOS will schedule another stakeholder
call to provide a briefing on the team's work in Addis Ababa, and
an update on how processing will proceed going forward for any new
cases identified by Embassy Addis Ababa as not clearly approvable.

Kind Regards,

Office of Public Engagement

U.S. Citizenship and Immigration Services

www.uscis.gov <http://www.uscis.gov/>



November 16, 2011
Notice: Procedure for Processing Adoption Cases
This notice provides supplemental information to the adoption notice
of October 7, 2011, adding additional details on the process
applicable to orphan petitions filed with a U.S. Embassy Consular
Section overseas. While the description has been tailored to answer
inquiries specific to Ethiopia, the steps described in this
explanation apply to all non-Hague countries. This notice only
describes the process for Forms I-600 filed with U.S. Embassy Addis
Ababa. For processing information on cases filed domestically with
USCIS through the National Benefits Center (NBC), please refer to the
USCIS website at www.uscis.gov.

Once adoptive parents are in possession of the final adoption decree
from the Federal First Instance Court, approval letters from the
Ministry of Women, Children and Youth Affairs, the child's birth
certificate and Ethiopian passport, and all other required Form I-600
supporting documentation, they (or their authorized agent) may file
Form I-600, Petition to Classify Orphan as an Immediate Relative, with
the U.S. Embassy in Addis Ababa if they have met the physical
presence requirements for filing a Form I-600 petition overseas.

Upon receipt of the Form I-600 and accompanying documentation, the U.S.
Embassy begins the Form I-604, Determination on Child for Adoption,
orphan status investigation – the process to determine if the child
meets the definition of an orphan under U.S. immigration law. The time
frame for completion of the Form I-604 determination depends on the
circumstances of each case, but can take up to several weeks or
months. During this time, additional information or documentation may
be requested by the U.S. Embassy for cases with insufficient or
deficient supporting evidence to determine orphan status.

In certain cases it may be necessary to interview the child's
Ethiopian birth parent(s) or guardian, or the individual who found an
abandoned child, to resolve errors or discrepancies discovered in the
case file. The U.S. Embassy conducts such interviews for cases in
which the consular officer deems interview(s) necessary to make a
determination on the child's orphan status. Birth relative and
other interviews are often an integral part of the Form I-604
determination.

The U.S. Embassy must then determine whether the case is clearly
approvable. If a case is clearly approvable, the U.S. Embassy approves
the Form I-600 petition and issues an immigrant visa. If there are
questions regarding the child's orphan status or the information is
insufficient to make a determination, federal regulation requires that
the U.S. Embassy forwards the case as "not clearly approvable"
to the USCIS Field Office in Nairobi, Kenya, for further processing.
When this occurs, the U.S. Embassy sends out a transfer notice to the
petitioners when the case is physically forwarded to USCIS Nairobi, and
provides contact information for further questions.

Upon receipt of a petition identified as "not clearly
approvable," the USCIS Nairobi Field Office notifies the
parent(s) that the case has been received and issues requests for
additional evidence and other notices, if necessary. Upon review of
all available evidence including any response to a Request for
Evidence or Notice of Intent to Deny, USCIS issues a decision and
notify the petitioners. For details of the USCIS process, please
visit USCIS' Ethiopia Q&A page
<http://www.uscis. gov/portal/ site/uscis/ menuitem. 5af9bb95919f35e6 6f61417\
6543f6d1a/?vgnextoi d=7c82d1f2465ae2 10VgnVCM10000008 2ca60aRCRD& vgnextchan\
nel=ecab18a1f8b7321 0VgnVCM100000082 ca60aRCRD
> .

If the case is approved, USCIS Nairobi returns the case to the U.S. Embassy for visa
processing. http://adoption. state.gov/ country_informat ion/country_ specific_ alerts_no\
tices.php?alert_ notice_type= notices&alert_ notice_file= ethiopia_ 13

<http://adoption. state.gov/ country_informat ion/country_ specific_ alerts_n\
otices.php?alert_ notice_type= notices&alert_ notice_file= ethiopia_ 13
>

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