INTERNATIONAL ADOPTION from GUATEMALA
DISCLAIMER: The information in this circular relating to the legal
requirements of specific foreign countries is provided for general information
only. Questions involving interpretation of specific foreign laws should be
addressed to foreign counsel.
GENERAL: the U.S. Embassy in Guatemala provided the following to the
Office of Children’s Issues. It is a guide for U.S. citizens who are interested
in adopting a child in Guatemala and who are applying for an immigrant visa for
the child to live in the United States. This process involves satisfying complex
Guatemalan and U.S. legal requirements. U.S. consular officers carefully
consider each petition on a case-by-case basis to ensure that the legal
requirements of both the U.S. and Guatemala have been met. This diligence is for
the protection of the prospective adoptive parent(s), the birth parents(s) and
the child. Interested U.S. citizens are strongly encouraged to contact the
consular section at the U.S. Embassy in Guatemala before formalizing an adoption
to ensure that appropriate procedures have been followed.
Please also see the Web site for the U.S. Embassy in Guatemala for
more information at http://usembassy.state.gov/guatemala/
I. GUATEMALA ADOPTION PROCEDURES
Adoptions by U.S. citizen parents in Guatemala are processed under a
“notarial system.” Guatemalan attorneys receive and refer potential
orphans to parents desiring to adopt a child. If the parents accept the
referral, they will provide the attorney with a power of attorney to act on
their behalf to complete an adoption. In most cases the attorney
represents the birth parent(s), the adopting parents and the child(ren) in the
Guatemalan Government proceedings. After obtaining clearance from a social
worker under the supervision of a family court to proceed with a potential
adoption case, and upon receipt of “pre-approval” from the Department of
Homeland Security Office (DHS) in Guatemala, the attorney submits the case for
review by the Guatemalan Solicitor General’s Office (Procuradoria General de
la Nacion, PGN). The PGN scrutinizes the adoption case for signs of
fraud or irregularities before providing its approval of the adoption.
Upon receiving PGN approval, the adoptive parents in the U.S. are legally
responsible for their child(ren). The attorney obtains final approval from
the Guatemalan birth mother and then requests a birth certificate listing the
adoptive parents as the parents of the adopted child. With these final
documents, the attorney submits the complete case file, including the I-600
orphan visa petition, to DHS in Guatemala. DHS reviews the case and either
approves the I-600 or notifies the attorney in writing if any further problems
prevent approval of the case. Once DHS approves the I-600, the case is sent to
the Embassy’s Consular Section and a visa interview is scheduled, usually within
a few days. Note that the PGN does not charge fees for adoptions.
II. RESPONSIBILITIES OF YOUR AGENCY & GUATEMALAN ATTORNEYS: The
U.S. adoption agency serves as the adopting family’s agent, and the Guatemalan
attorney serves as an agent for your agency, acting on your behalf. Therefore
adoptive parents should be kept informed of all aspects of the identification,
care, and adoption process of their prospective adoptive children by the agency
or agent. Your adoption agency and/or attorney are your sole contacts for the
progress of your adoption in the Guatemalan legal proceedings. You should be
aware that the U.S. Embassy does not have information regarding the status of
specific cases in the Guatemalan adoption process or Guatemalan passport process
nor does the Embassy have authority to intervene in court or in the legal
processes in Guatemala adoption process. You must contact your adoption
agency or Guatemalan attorney for information on your case status. The
Guatemalan attorney, or other accredited representative, must bring the final
adoption documents to DHS/ at the Embassy upon completion of the Guatemalan
portion of the process
If you have hired an agency in the United States to assist you in the
adoption, the agency is responsible for keeping you informed about your
case. Ask your agency for the name(s) of your attorney(s) and whether anyone
in the attorney's office speaks English, etc.
Prospective adoptive parents are advised to fully research any adoption
agency or facilitator they plan to use for adoption services. For U.S.-based
agencies, it is suggested that prospective adoptive parents contact the Better
Business Bureau and licensing office of the Department of Health and Family
Services in the state where the agency is located. The Department of State does
not assume any responsibility for the quality of services provided by these
private adoption agencies or their employees.
Please see Important Notice
Regarding Adoption Agents and Facilitators at
the Web site for the Bureau of Consular Affairs at http://travel.state.gov.
Some families have worked directly with an attorney in Guatemala instead of
an intermediary agency or law firm in the United States. While they face certain
risks and forego the support of organizations with international adoption
experience, families that choose competent, experienced, attorneys can have
satisfactory experiences. Unfortunately, some parents have experienced problems
working with their Guatemalan attorneys, and prospective adoptive parents are
encouraged to research their options before selecting an attorney. Neither
the Department of State nor Embassy Guatemala maintains a list of Guatemalan
adoption attorneys or makes recommendations. The best method of finding a
competent attorney is to obtain referrals from families who have had
satisfactory experiences working with a specific attorney. Neither the U.S.
Embassy nor the U.S. Department of State can assume any responsibility for the
professional ability or personal integrity of Guatemalan attorneys.
III. U.S. IMMIGRATION OVERVIEW
The U.S. Embassy in Guatemala issued more than 2400 immigrant visas in fiscal
year 2002 to Guatemalan children adopted by U.S. citizens. The work involved in
processing an adoption in Guatemala is significant. Both the Department of
Homeland Security’s Bureau of Immigration and Customs Enforcement (DHS/ICE) and
the State Department Consular section have a role, with the division of
responsibilities roughly divided as follows:
The Embassy DHS/ICE Office reviews all procedures connected to
defining the child as an "orphan" under U.S. law, including reviewing documents
leading up to the DNA test, the DNA results, and other information regarding the
birth mother. The Embassy DHS/ICE office also reviews the Guatemalan adoption
paperwork to certify that the American parents have adopted the child properly
in accordance with Guatemalan law. Finally, DHS (either in the embassy or in the
U.S.) reviews and adjudicates the I-600 Petition to Classify Orphan as an
Immediate Relative.
The Consular Section receives and files the approved I-600A
Application for Advance Processing of Orphan Petition (also known as a Visas 37
Cable/Fax) from the U.S. Citizenship and Immigration Service (U.S. CIS) office
in the U.S. and notifies the parents of its arrival (with a copy of this
informational handout). The Consular Section also conducts the Adoption
Immigrant Visa Interview AFTER the Embassy DHS/ICE office has completed review
of the Guatemalan adoption paperwork and approved the I-600.
The estimated time frames listed below are to give you an idea of what you
are facing when you decide to adopt a Guatemalan child:
Step |
Form No. |
Description |
Responsible Office |
Confirmation
Document |
Expected Elapse Time |
1 |
I600A |
Eligibility of parents to adopt overseas (home study, etc.) |
US DHS District or sub-office |
I171H and
Visa 37 (or 38/39) |
6 months
(may be done in advance or concurrently with other steps) |
2 |
|
Proof of “orphan” status (birth certificates, cedula, hospital
records) |
Guat. Attorney |
BCIS form "Autorizacion para iniciar prueba de ADN" |
2 months
(depends on attorney & situation) |
3 |
|
DNA test submission |
Guat. Attorney |
DNA test results |
30 days (after step 2) |
4 |
|
DNA test approval |
Embassy DHS/ ICE |
Consentimiento (irrevocable release by birth mother) to Guat. Attorney
|
6 weeks (after step 3) |
5 |
|
Guatemalan passport |
Guat. Attorney |
Passport |
20 days (after step 4) |
6 |
|
Guatemalan court documents. |
Guat. PGN/attorney |
Protocolo/escritura |
2 months (after step 4) |
7 |
|
Final adoption documents packet |
Attorney submits to
Embassy DHS/ ICE |
"Pink" interview
Appointment sheet |
2 business days
(after step 6) |
8 |
|
Medical report |
Attorney/
Approved Dr. |
Envelope w/report |
1 day
(after step 7) |
THE REMAINING STEPS MUST FOLLOW STEPS 1-8 ABOVE:
9 |
I600 |
Petition to Classify an Orphan (blue form)
(filed in the US for escort cases) |
Embassy ICE or DHS in U.S. |
Approved petition –in US for escorts
-parents sign at interview |
same day as interview except for escorts |
10 |
DS230 |
Immigrant Visa application |
Consular Section |
Approval at interview |
same day as interview |
11 |
I-864 (for IR-4 cases only) |
Affidavit of Support
W/tax returns, etc. |
Consular Section |
Approval at interview |
same day as interview |
12 |
IR3 or
IR4 |
Immigrant Visa |
Consular Section |
Delivered with final documents |
same day as interview | IV. U.S.
IMMIGRATION REQUIREMENTS:
Children adopted abroad who have been in the custody
of the adoptive parents for less than two years require U.S.
immigrant orphan petitions and orphan visas to enter the United States.
Generally speaking, the process involves prospective parents being found
suitable to adopt, a petition being filed on behalf of the potential adoptee, an
investigation into the adoptee’s “orphan” status, and adjudication of the visa
application for the adoptee.
A. Determining suitability, orphan status (the I-600A,
I-600)
Prospective adoptive parents should be aware that, whether they identify a
child prior to leaving the United States or locate the child on a trip to
Guatemala, certain time-consuming processes will have to be completed before the
required U.S. immigration petition for the child can be approved by DHS. The
first of these processes is a demonstration of prospective adoptive parents’
eligibility and suitability to adopt an overseas child, usually documented with
an I-600A form and supporting documents submitted to USCIS. Prospective adoptive
parents are encouraged to check the DHS website for the I-600A form and
instructions http://uscis.gov/graphics/formsfee/forms/index.htm. Some of the
I-600A requirements include:
- satisfactory completion and submission to DHS of a home study of the
adoptive parent(s),
- compliance with any state pre-adoption requirements,
- fingerprint check by DHS of the adoptive parent(s),
- submission of certified copies of the prospective adoptive parent’s(s’) U.S.
birth certificate(s) or other evidence of U.S. citizenship,
- submission of a certified copy of the marriage certificate (if applicable),
and
- submission of a certified copy of the death certificate or divorce decree
reflecting termination of previous marriage (if applicable).
Once DHS has approved the I-600A, it will notify the prospective parents with
form I-171H and will notify the designated embassy with a cable called a Visas
37. Please note that I-600A approvals are valid for 18 months, and the
fingerprint records clearance validity is only 15 months after they are taken
(I-171H forms now note when that 15-month period expires). Both the I-600A
approval and the fingerprint clearance must be valid when parents submit
petitions on behalf of the potential adoptee. If prospective adoptive parents
are not able to file their I-600 within the validity periods, they should have
their fingerprints retaken before traveling (see DHS website for instructions.)
Note: Adoptive parents who travel to Guatemala to file I-600s at the Embassy
outside the fingerprint validity period without getting their fingerprints
rechecked will have to pay a fee to have their fingerprints retaken and checked
before the I-600 is approved and immigrant visa issued. Adoptive parents can
expect to wait two to three weeks in Guatemala for the fingerprint results to be
returned.
With the I-600A approval (or while the I-600A is being processed), the next
step in the process involves identifying the particular child the prospective
parents would like to adopt. As parents work with local authorities to match a
child to the family, it is important to note that any identified child will need
to match the definition of a “child” or “orphan” (see below) to be able to
immigrate to the United States. Evidence that the child meets these definitions
will be reviewed when parents submit an I-600 petition on the child to DHS.
Parents traveling to Guatemala to receive the child will submit the I-600
petition to the [ICE] office in Guatemala City. If the parents will not travel
to Guatemala to receive the child and an escort will bring the child to the
U.S., the final processing of the I-600 must be performed in the U.S. by the DHS
office having jurisdiction over the parents' place of residence.
The I-600 must be approved (and, if such approval is done in the U.S., notice
of the approval must be sent to the Embassy in Guatemala) before the parents (or
escorts) can apply for an immigrant visa for the child. [See also Escort
Cases below] Please check with the Consular Section to confirm that the
appropriate notice has been received before making plans to travel to Guatemala
to complete the visa application. Children adopted overseas must have an
immigrant visa in order to enter the United States. B.
DETERMINING ABILITY OF THE CHILD TO IMMIGRATE
1. DEFINITIONS OF CHILD AND ORPHAN:
The overwhelming majority of Guatemalan children adopted by U.S. citizens
meet the definition of legal orphans. Parents who have adopted overseas children
before they reach age 16 and who have had the child residing with them in their
legal custody for at least two years may be eligible to petition for their
children to enter the United States based on their status as the “child of an
American citizen,” rather than as “orphans.” Parents should contact DHS/ICE at
Embassy Guatemala for further information on such “child” cases, as their
processing is considerably different than that of “orphans,” the subject of this
information sheet.
Immigrant visa issuance to orphans depends on a DHS determination that the
adopted child meets the legal definition of orphan contained in Section
101(b)(1)(F) of the Immigration and Nationality Act (INA). To be an orphan, a
child must be "an orphan because of the death or disappearance of, abandonment
or desertion by, or separation or loss from, both parents, or for whom the sole
or surviving parent is incapable of providing the proper care and has in writing
irrevocably released the child for emigration and adoption …." Two of the most
common scenarios for meeting this definition in Guatemala are described in more
detail below:
a. Irrevocable Release by the sole or surviving parent
A sole or surviving parent must be unable to care for the child they are
giving up, and must in writing irrevocably release the child for adoption and
emigration to the United States. (“Sole parents” are mothers of children born
out of wedlock where the child does not have a natural or step-father;
“surviving parents” are child’s living parent when the other parent is dead and
the child has no step-parent.) The DHS Board of Immigration Appeals has ruled
that an inability to care for the child would be demonstrated when the parent is
destitute by Guatemalan standards and cannot provide the child with the
nourishment and shelter necessary for subsistence consistent with the local
standards of the child's place of residence.
b. Abandonment by both parents
A child with two living parents can meet the definition of an orphan only
through the disappearance of, abandonment, desertion by, or separation or loss
from both parents. Abandonment, desertion, separation and loss all have
very exact definitions that must be satisfied for the child to be considered an
orphan. The most common situation in Guatemala involves abandonment, where
parents have willfully given up all parental rights, obligations, and claims to
the child, as well as all control over and possession of the child. Abandonment
requires that the release of the child be unconditional, and not with the intent
to transfer the child to any specific person(s). Cases involving abandonment
are significantly different from the single parent relinquishment situation
described above, and usually take considerably longer to finalize.
2. DHS/ICE REVIEW OF BIRTH MOTHER INFORMATION AND DNA TESTING:
Problems occur when U.S. citizens are encouraged to adopt children who do not
meet the U.S. definition of "orphan." In some cases, these children may have
been obtained by illegal means, perhaps even stolen. The DHS/ICE office at the
U.S. Embassy requires DNA testing in all cases where the child is released by an
identifiable birth mother (first scenario described above) because the use of a
false birth mother to release "her child" is the usual method chosen by
unscrupulous operators to create a paper trail for an illegally obtained child.
Occasionally DHS/ ICE must also interview and investigate the birth mother.
These problematic cases are further complicated by the high incidence of
corruption and civil document fraud in Guatemala. The Embassy has the legal
responsibility to issue visas in accordance with U.S. law and to ensure that
U.S. citizens do not adopt stolen children.
In order to confirm the parental relationship in sole/surviving parent
relinquishment cases and arrange for required DNA tests, your Guatemalan
attorney must contact DHS/ICE at the Embassy once the child has been identified
and prior to submitting the I-600 petition. DHS/ ICE will not authorize this
test until all required documentation has been received. Some of the
documentation includes the consent of the birth mother to the adoption, her
birth certificate and a notarized copy of her "cedula" (national identification
card), and the hospital records of the birth. DHS/ICE also requires an HIV test
to be performed on the mother.
Upon review of the documentation, DHS/ICE will then assist parents/attorneys
in making arrangements for the DNA test. Upon receipt of a DNA result confirming
the parental relationship, DHS/ICE will either approve the case or refer it for
further investigation. If further investigation is necessary, DHS/ICE may
require an interview with the biological mother to confirm her consent that the
child can be adopted by U.S. citizens. If the investigating officer determines
that there are no obstacles to the adoption, he or she will approve the mother's
irrevocable release of the child ("consentimiento"), which must be
presented to the PGN. PGN has an agreement with the Embassy not to
approve any adoption without this original certification. The purpose of this
procedure is to ensure that the child qualifies for a visa under U.S. law
before the Guatemalan adoption process is finalized. This is done to
avoid the tragic situation where a child is adopted in Guatemala by U.S.
citizens and then is unable to join them in the United States.
If the result of the DNA examination is negative, the case will be
terminated immediately.
DNA tests must be performed by one of the laboratories in the United States
approved by DHS. The Embassy panel physicians take the samples necessary for the
test. Fees for the DNA analysis differ among the laboratories, but range from
approximately $400 to $600. Results are available within two weeks. After
receiving the results, it can take up to 6 weeks for DHS/ICE to approve the
case. The fee for taking the DNA samples is approximately $140, which includes
packaging of the samples and courier shipment to the laboratory in the United
States. C. AFTER THE GUATEMALAN ADOPTION PROCESS IS COMPLETE – THE
I-600 PETITION AND VISA INTERVIEW
1. DHS/ICE REVIEW PRIOR TO SUBMISSION OF PETITION:
Once you have adopted a child, you will need to file an I-600 petition on
your child’s behalf. If you file your petition in the U.S., see the DHS website
for forms, instructions, a list of documents to be submitted and methods of
submitting the petition http://uscis.gov/graphics/formsfee/forms/index.htm . If
your local USCIS office approves your petition, they will notify you and forward
notice of the approval (visas 38 or 39 cable) to the consular section at Embassy
Guatemala. At that point, you (or your escort – see below) will be provided
instructions on appearing for a visa interview.
If filing your I-600 petition in Guatemala, once the Guatemalan adoption
process is complete, your attorney submits your Guatemalan adoption documents
for review and approval to the DHS/ICE office at the Embassy. The
adoption-related documents listed below and designated with and asterisk (“* “)
must be submitted with an English translation. Translations must be done by a
certified translator.
A. *The original of the child's birth certificate issued by the civil
registrar indicating the names of the biological parents
B. *The original of the child's birth certificate issued by the civil
registrar indicating the child’s new adopted name, as well as the name(s) of the
adopting parent(s);
C. If the birth father, mother, or both are deceased, a certified copy of the
death certificates issued by the civil registrar;
D. *Relinquishment of parental rights executed before the appropriate
Guatemalan authority, or the declaration of abandonment issued by the Juzgado
de Menores (children’s court judge);
E. The birth mother's certification of relinquishment signed before an ICE
Officer in non-abandonment cases;
F. *The approval of the adoption signed by an officer of the Procuraduria
de la Nacion (Office of the Solicitor General) This document is called the
"Protocolo/Escritura";
G. *The certified copy of the final decree authorizing the adoption;
H. Valid Guatemalan passport for the child.
Your attorney may submit these documents to an ICE official any Monday
through Thursday, excluding official holidays, from 9 a.m. to 4 p.m. at Window 8
of the Consular Section The ICE office will review the documentation and also
make sure that the I-600A approval (a/k/a the "Visas 37") has been received from
a U.S. CIS office in the U.S. The attorney may return after 48 hours (two
business days) Monday through Thursday to verify that I-600A approval and
adoption-related documentation are in order. If they are, the attorney will be
given an Adoption Appointment Packet (pink sheet) with information on filing the
I-600 petition and applying for the immigrant visa. If the case is not
complete, your lawyer will be informed of what additional documents need to
be submitted (or, in the case of a Visas 37, received directly from an CIS
office by fax or cable). Therefore, it is very important that you do not make
definitive plans to travel to Guatemala until the U.S. CIS in the U.S. or
DHS/ICE in Guatemala has approved the final adoption documents and the case has
been cleared for an Adoption Immigrant Visa Interview (issuance of the “pink
slip”).
2. MEDICAL EXAM
After the “pink slip” (visa appointment letter) has been issued, the attorney
will schedule the child for a medical examination with one of the
Embassy-approved panel physicians. One pediatric clinic and two general
practitioners are authorized by the Embassy to perform medical exams. The
medical examination costs $85 for children under age 15 and $100 for children 15
or older, payable directly to the office of the panel physician. In addition to
performing the required examination, the physician will determine whether any
required vaccinations remain outstanding. The necessary vaccinations may be
obtained from the panel physician or, for children 10 years of age or
younger, the petitioning parent may complete an affidavit promising that the
child will receive the required vaccinations within 30 days of entering the
U.S. Please note, however, that the best interests of the child should
always be the focus of the child's vaccination schedule. The U.S. Embassy has
occasionally found that foster care providers and orphanages fail to obtain the
proper vaccinations for the child knowing that the parent can always complete an
affidavit. Please discuss your child's vaccination schedule with your
agency so that your wishes can be relayed to your foster care provider.
3. THE VISA INTERVIEW WITH THE CONSULAR SECTION
Adoptive parents (or escorts – see below) and children may appear for an
Immigrant Visa Interview MONDAY THROUGH Thursday AT the time marked on their
pink slip, or at 7:15 A.M. on Friday, excluding Guatemalan and U.S.
holidays. A fixed, pre-scheduled appointment date is not required. As
noted in the Adoption Appointment packet, however, families should not appear
for the interview until all the required documents, including the Guatemalan
passport and medical exam have been obtained.
On the morning of your interview, please arrive at the Consular Section
Entrance (on the north side of the embassy) on time, show your appointment
letter (pink colored) to the guards at the building entrance, and you will be
admitted to the consular section waiting room. Take a seat and wait for each
adoption case to be called to Window 6 to submit all required documents. At this
time you will be given instructions to pay the required fees. Please pay the
fees and retain the receipt for later presentation to the consular officer. The
consular officer will review all the adoption files and call each family for a
brief interview.
Documents you or the escort must bring to the Adoption Immigrant Visa
Interview:
1. Either: notice of an approved I-600 from CIS in the United States
(required for all escort cases – see below), or a complete, although not
signed, I-600 form. In the latter case, the form must be signed in the
presence of an ICE or Consular officer by the adopting parent(s) during the
immigrant visa interview. If only one adopting parent travels to Guatemala
for the immigrant visa interview, he/she should have the completed I-600 form,
with the original and notarized signature of the other spouse.
2. Guatemalan adoption documents approved by DHS with DHS approval letter
(pink slip)
IT IS VERY IMPORTANT THAT THESE DOCUMENTS REMAIN STAPLED.
3. The child's valid Guatemalan passport (issued with the adopting
parents’ surname/s)
4. Medical examination (according to Embassy instructions in the
Adoption Appointment Packet). If the child has a physical and/or mental
disability, a notarized statement will be required from the adoptive parents
indicating that they are fully aware of the physical and/or mental disability of
the minor and acknowledge that the Guatemalan adoption process is complete and
the adoption has been finalized. This statement can be included in item 19 of
form I-600, and also in the home study if more convenient. In that case a
separate notarized statement will not be required.
5. Three 1 3/4-inch color photographs with a white background. The
child's face should be shown turned slightly (3/4) to the left showing the
child's right ear, but the left eye should also remain visible.
6. Forms DS-230 and 9003 completed with information regarding the
child (not the parents). Please wait until the interview to sign the
DS-230.
7. For IR-4 cases (see Immigrant Visa section below): A) An original
Affidavit of Support (Form I-864) signed by the adopting parent who is
petitioning for the child’s visa. If that parent’s income alone is insufficient
according to meet the poverty guidelines outlined in the Affidavit of Support,
the other adopting parent must sign the Agreement of Household Member (Form
I-864A) and provide required supporting documents.
B) Copies of the last three years of federal tax returns as
filed with the Internal Revenue Service, including, if applicable,
W-2 forms, 1099 forms, and all IRS Schedules. The adopting parents do
not need to separately attest to the accuracy of the federal income taxes,
nor have the tax copies notarized; the Concluding Provisions of Part 7 of the
Affidavit of Support contain a certification to this effect.
C) In addition, the adopting parents must present proof of current
employment in the form of a copy of a recent pay stub or a letter from the
employer.
For IR-3 cases (see Immigrant Visa section below): An I-864 is not required
for an orphan classified IR-3, provided the child will be admitted to the U.S.
while still under age 18 and will reside in the United States with and in the
custody of the adoptive U.S. Citizen parent. However, an orphan exempt from the
I-864 requirement must still show that he/she is not likely to become a public
charge.
8. $335 total fees for the immigrant visa application
9. The parents' U.S. passports for identification and citizenship
purposes and to establish prior visits to Guatemala, if necessary.
4. THE IMMIGRANT VISA
The purpose of the immigrant visa interview is to verify that the adopted
child meets the criteria established for “orphan” and that there are no legal
impediments (serious health issues, financial difficulties, etc.) to visa
issuance. If satisfied with regard to these issues, the consular officer will
approve the visa, and you will be told when to pick up the immigrant visa
At the interview, the consular officer will determine which type of visa your
child will receive. Orphans receive either IR3 or IR4 visas. IR3 visas are for
orphans adopted overseas by American citizens who have met the child prior to
the adoption; IR4 visas are for orphans to be adopted or re-adopted in the U.S.
(child has been adopted in Guatemala, but the adopting parents have not met the
orphan prior to the adoption -- see escort section below.) For the IR3
classification, the Consular officer will use Guatemalan entry stamps to verify
that both parents (or the unmarried parent if applicable) saw their adopted
child prior to his/her legal adoption in Guatemala. The date that legal adoption
occurs in Guatemala is the date of approval of the adoption signed by an officer
of the Procuraduria de la Nacion (Office of the Solicitor General). If
these conditions are met, the child will receive an IR3 visa. Otherwise, the
child will receive an IR4 visa, and the parents will most likely have to
re-adopt in their home state. Note that most escort cases will receive an IR4
classification as parents have generally not personally seen the child prior to
adoption.
The distinction between IR3 and IR4 visas has become more important since the
Child Citizenship Act of 2000 became effective on February 27, 2001. This law
facilitates the acquisition of United States citizenship for the foreign-born
children (both biological and adopted) of United States citizen parents when
those children do not acquire United States citizenship at birth. Please see the
fact
sheet on the Child Citizenship Act at http://travel.state.gov/childcit.html.
Under this law, children automatically acquire U.S. citizenship on entry into
the United States if all of the following conditions have been met:
1. One parent is a U.S. citizen, by birth or through naturalization.
2. The child is under the age of eighteen.
3. The child is residing in the United States pursuant to a lawful admission
as a permanent resident alien in the legal and physical custody of the American
citizen parent (note that on entry to the United States based on an immigrant
visa, the child is a lawful permanent resident.)
In practice, this means that only orphans with IR-3 visas who are traveling
with their adoptive parents will be granted automatic citizenship on entry to
the U.S. For IR-4 cases, on entry to the United States, the orphans become
lawful permanent residents. Once the adoption (or re-adoption) is completed, the
orphan becomes eligible for citizenship. For further information on the passport application process for
your child, please consult the Department of State’s web site at
http://travel.state.gov/childcit.html#7
V. IN SUMMARY, BEFORE YOU TRAVEL TO GUATEMALA TO RECEIVE THE
CHILD:
Before you make airline reservations for yourselves or for an escort and the
child, confirm with your Guatemalan attorney or U.S. adoption agency that:
1. If you filed all paperwork in the U.S., the consular section has received
a notice of approval of the I-600 petition (visas 38 or 39 cable), and you have
all required documents for the interview, including the child’s Guatemalan
passport and medical exam results.
2. If you plan to file the I-600 petition in Guatemala, the consular section
has received a notice of approval of the I-600A application (visas 37 cable),
the DHS/ICE office has approved your adoption documents and cleared you for
the appointment (after review of the Guatemalan adoption paperwork), and you
have all required documents for the interview, including the child’s Guatemalan
passport.
ESCORTS:
If neither parent plans to travel to Guatemala and the child will be escorted
by a third party for the visa interview, the I-600 Petition to Classify Orphan
as an Immediate Relative must be filed in the U.S. and the Consular Section must
have the official cable (called the Visas 38 or 39) from DHS indicating its
approval of the I-600 petition. A notarized statement from the adoptive parents
will be required authorizing that person to take the child to the United States
for the purpose of placing him/her with the prospective adoptive parent(s). This
statement can also be included in the judge's authorization for the child to
leave Guatemala. The escort must present at the visa interview an original
Affidavit of Support signed and notarized by the petitioner who is sponsoring
the child, along with the petitioner's last three years of tax returns (W-2 and
1040) and other documentation as described in the Interview section
above. VI. U.S. FEES: A. DHS Fees for I-600 and I-600A Petitions:
The BCIS fee is $460 for an I-600 or I-600A petition. If you have a valid
I-600A and file an I-600 within eighteen months of the approval of the I-600A,
no fee will be charged for the I-600, provided the petition is for one child or
for siblings. If you are petitioning for more than one child and
the children are not siblings, an additional fee of $460 for the
I-600 for each additional child will be charged. B. Medical
Examination Fee:
The adopted child must have a medical examination performed by one of the
U.S. Embassy's panel physicians before the immigrant visa can be issued. The
cost of this medical examination is approximately $85 ($100 for children 15 or
over), payable directly to the panel physician.
The costs of required vaccinations must also be born by the applicant. In
adoption cases where the child is 10 years of age or younger, the adoptive
parent(s) may execute an affidavit requesting waiver of
the vaccination requirements and stating that the parent(s) ensures the child
will receive the required vaccinations within 30 days of the child's admission
to the U.S. or when medically appropriate. This affidavit should be submitted to
the embassy physician performing the medical exam and should be attached to the
medical exam report. C. U.S. Immigrant Visa Fees:
The fee for the immigrant visa application is $335 for the visa issuance for
each child. If not previously paid in the U.S., these fees may be
paid by credit card or in cash in either U.S. dollars or
Guatemalan quetzals (the local currency). The fees do not
include the cost of the medical examination, DNA test, documents, or the
petition. The Embassy cannot accept personal checks, cashier checks or
traveler's checks but will accept the following credit/debit cards: Visa,
MasterCard, American Express, Discover, Diners, MasterCard Debit and Visa
Debit.
VII. FOR ADDITIONAL INFORMATION: A. CONTACTING THE U.S.
EMBASSY:
Specific questions about your Guatemalan adoption at the Embassy may be
addressed by phone, fax, or e-mail to the Immigrant Visa Unit of the Consular
Section or to ICE. Please refer to page 1 for division of responsibilities
between the two offices.
The Immigrant Visa Unit
of the Consular Section at the U.S. Embassy may be reached at
adoptguatemala@state.gov
by telephone at: 011-502-331-1541, extension 4418
by fax at: 011-502-331-0564
by mail at:
Immigrant Visas/Adoption Unit U.S. Embassy
Guatemala Unit 3308 APO, AA 34024
The Bureau of Immigration
and Customs Enforcement in the Department of Homeland Security may be
reached by email at Guatemala.Adoptions@dhs.gov
by telephone at: 011-502-331-1541, extensions 4275 or
4223
by fax at: 011-502-331-4342
by mail at:
DHS/ICE U.S. Embassy Guatemala Unit 3334 APO, AA
34024
The American Embassy is located at 7-01 Avenida de la Reforma, Zone 10,
Guatemala City.
B. GENERAL QUESTIONS REGARDING INTERNATIONAL ADOPTIONS: You may also
contact the Office of Children's Issues, SA-29, 4th Floor, U.S. Department of
State, Washington, DC 20520, telephone 1-888-407-4747 with specific
questions.
Information is also available 24 hours a day from several sources:
Telephone
Office of Children’s Issues - Recorded information regarding changes
in adoption procedures and general information, 1-888-407-4747.
State Department Visa Office - Recorded information concerning
immigrant visas for adoptive children, (202) 663-1225.
Department of Homeland Security - Recorded information for requesting
immigrant visa application forms, 1-800-870-FORM (3676).
Internet
The Consular Affairs web site, at http://travel.state.gov contains
international adoption information flyers and the International Adoptions
brochure.
Other information:
Consular Information Sheets - The State Department has general
information about hiring a foreign attorney and authenticating documents which
may supplement the country-specific information provided in this flier. In
addition, the State Department publishes
Consular Information Sheets (CIS's) for every country in the world,
providing information such as location of the U.S. Embassy, health conditions,
political situations, and crime reports. If the situation in a country poses a
specific threat to the safety and security of American citizens that is not
addressed in the CIS for that country, the State Department may issue a Public
Announcement alerting U.S. citizens to local security situations. If conditions
in a country are sufficiently serious, the State Department may issue a Travel
Warning recommending that U.S. citizens avoid traveling to that country. These
documents are available on the Internet at http://travel.state.gov or by calling
the State Department's Office of Overseas Citizen Services at (202)
647-5225.
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