If you are a citizen of the United States and want to adopt an immigrant minor belonging to a country of the Hague Convention, this article on the Form I-800 is for you. We include certain legalities and conditions to comply with here.
We will tell you what it is, how it is and its instructions, where to present it and more. Join us!
What is it?
The Form I-800 It is a request made by a potential adoptive parent, a US citizen, to finalize the immigration process of a minor who resides in a Convention country and wishes to adopt.
By applying with this form, you must prove that you are eligible and have sufficient financial resources to adopt and support a child from another country.
Also known as a Petition to classify the adoptee of the Convention as an immediate relative, and must be attached to the previously approved Form I-800A to provide complete information about the child to be adopted. Generally, it is also presented together with the Form I-864 or I-864W.
The Hague Convention is a project that had its beginnings when it was approved in 1954 in The Hague, Netherlands.
It is the first treaty exclusively charged with protect cultural heritage with a global reach in the event of armed conflict, motivated by the massive destruction of heritage that took place in the Second World War.
With it, a specific protection is proposed for each country that recognizes the cultural heritage belonging to its territory.
The UNESCO, is the organization in charge of overseeing the correct fulfillment of the purpose and helping to protect the assets considered cultural heritage anywhere in the world.
What is Form I-800 like?
This documentation has a digital presentation in PDF format and a physical presentation on paper, like any spreadsheet. It has a letterhead from the government organization in charge of processing it in black with fully legible letters.
Instructions for Completing Form I-800
The instructions vary according to the category corresponding to the case. They are mentioned in detail below:
Consanguineous siblings aged between 16 to 18 years:
According to the International Adoption Simplification Act of 2010, Public Law 111-287, section 101 (b) (1) (G) of the Immigration and Nationality Act, it is possible that the sibling of an adopted child is considered adoptive under the Hague Convention as long as your brother has reached the age of 16 but does not exceed 18 years of age.
Since 11/30/2010, it is necessary to present a Form I-800 based on the instructions of said form, when:
- The minor is a consanguineous brother (by birth) of another foreign minor who emigrated or will do so soon by adoption by the same adoptive parents.
- Be introduced on Form I-800 prior to the expiration of the Form I-800A Approval or Extension Notice and the minor’s 18th birthday.
- The minor comes from a country that is part of the Hague Convention on the Protection of Minors and Cooperation regarding Adoptions between Countries.
Consanguineous siblings with 18 years of age on or after 04/01/2008:
According to the International Adoption Simplification Act of 2010, section 4 (b), a U.S. citizen is allowed to file a visa petition for a minor, as long as the minor meets the following requirements.
- You are 18 years old on or after 04/01/2008.
- It comes from a country that is a party to the Hague Convention on the Protection of Minors and Cooperation with respect to Intercountry Adoptions.
- The applicant has already adopted the minor or is close to doing so.
- He is the consanguineous brother of another foreign minor who emigrated or will do so because of the adoption made by the adoptive parents themselves.
- Form I-800 is filed correctly on or before 11/30/2012.
Once the form has been completed under the special instructions for consanguineous siblings over 18 years of age, you must write N / A in the fields provided in questions 9 and up to 17 contained in Part 3.
Requirements for Form I-800
In these cases, it is not necessary to pay anything additional to be able to proceed. What you will need is to present the following documents:
- Copy of own birth certificate and of each sibling showing that they have at least one father in common.
- A copy of the older brother’s adoption decree, if it has already been adopted. Otherwise, present information on the pre-adoption requirements under the law and the state in which it is carried out. Also demonstrate that you can adopt the older brother in that locality.
- Evidence that the younger sibling has already immigrated or will immigrate to the United States as an adopted child, a Convention adopted child, or an orphan.
Usefulness of Form I-800
The Form I-800 It works if you want to adopt a child from another country, following the special procedure based on US law.
For this specific process it is necessary to submit two forms. And since there are different adoption requirements according to the laws of each state, you must attach these files.
The payment of this process varies according to the case of the application. It is not necessary to cancel any amount if it is the first Form I-800 that you manage for a child with Form I-800A already approved.
If more than one Form I-800 During the approval time for different children, if an amount of $ 775 should be canceled for the seconds and the following forms of this type. If the children turn out to be siblings, there is no additional fee to pay.
Payment methods are: Personal check, cashier’s check, and money order. It can also be paid by credit card using the Form G-1450 (Authorization for Credit Card Transactions). Payment by check must be made payable to US Department of Homeland Security.
By making a payment like this, you are tacitly agreeing to pay for a government service. The biometric service and presentation fees are conclusive and non-refundable, regardless of any post-process action, be it request, request or withdrawal.
Where to File Form I-800?
The process offers different options available to the applicant.
For Postal Service deliveries:
PO Box 660087
Dallas, TX 75266
For deliveries by FedEx, UPS and DHL:
2501 S. State Hwy. 121 Business,
Lewisville, TX 75067
Tips for filing Form I-800
Complete all sections of the form. Your request may be rejected if the form does not have the following fields completed:
Part 1. Information About You
- Last name
- Residential address
- Review the requirements before completing or submitting the form.
- Do not send original documents unless expressly requested or shown in the instructions on the form.
- If any document is presented, whether original or copy, in a language other than English, it must include a complete translation in this language, accompanied by the translator’s certification stating that the work is complete and accurate, and that this person is qualified to perform these tasks.
- Make sure you have provided your Form I-800A approval notice, and if applicable, proof that your approval period has been extended, your Article 16 report that includes all the information specified in 8 CFR Part 204.313 (d) ( 3) and (4), a statement from the primary adoption service provider certifying that they completed the pre-placement preparation / training, post-placement plan, meeting the pre-adoption requirements, Form I-864 AND Form I- 601.
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