Orphan Visa Denials or Revocations – What you need to know about the Universal Accreditation Act

quoteblock_clinton.jpgThe Intercountry Adoption Universal Accreditation Act of 2012 (UAA) goes into effect on July 14, 2014. As of that date, all agencies or persons that provide adoption services in support of the two forms listed below must be accredited or approved, or be a supervised or exempted provider, in compliance with the Intercountry Adoption Act and accreditation regulations. According to U.S. Citizenship and Immigration Services (USCIS), adoptive parents who are not working with an accredited or approved adoption provider and filed Form I-600A or Form I-600 (Application for Orphan Visa) on or after July 13, 2013, may be denied an orphan visa. An Adoptive parent that has filed the appropriate adoption application to the appropriate foreign authority for adoptions prior to July 13, 2013 may also be grandfathered into old regulations and USCIS may not require them to use an agency/provider under the UAA.
This means that many parents may be given a Notice of Intent to Deny (NOID) or a Notice of Intent to Revoke (NOIR) if they attempted an independent international adoption or used as their placing agency an organization or agency that was not approved/accredited per the UAA unless they filed the above forms/document prior to July 13, 2013. If you receive a NOID or NOIR, it can be a serious complication in your adoption process and may prevent you from completing the international adoption process. The Orphan Visa enables a child adopted from a foreign country to enter the United States. Without the Orphan Visa it may be impossible for the child to legally enter the United States. Our team can assist you with your Rebuttal of a NOID or Appeal of Denial with the United States Citizenship and Immigration Services (USCIS). Our legal team may also be able to explore other immigration options with you as well.

Denials & Notice of Intent to Deny (NOID) Orphan Visa
If an I600A/I600/I800A/I800 is not approvable, it will be denied. If denial is based on information not previously known by parents, USCIS must issue a Notice of Intent to Deny the orphan visa, prior to a final denial. USCIS may issue a final denial if appropriate and at their discretion based upon the findings of their Orphan Visa investigation (I-604 Investigation).

Why would USCIS issue parent(s) a NOID notification or denial?
This letter would be issued if adoptive parents are not working with an accredited or approved adoption provider and filed Form I-600A or Form I-600 (Application for Orphan Visa) on or after July 13, 2013. The parent may also be able to move forward if they filed these forms after this date but filed an appropriate adoption application with the foreign authority responsible for international adoptions. The exact parameters of appropriate application and proper foreign authority may leave room for interpretation and discretion. Beyond not meeting these deadlines a NOID or NOIR can also so be issued upon a suspicion of fraud, undue influence, duress, or ineligibility of child to be adopted internationally.

What is a NOID?
This is a response from USCIS to your 1600/I800 Petition to Classify Orphan as Immediate Relative, which will provide you with Orphan Visa (IR3 or IR4). The purpose is to notify parents of intent to deny an orphan visa for your child. Prior to a NOID you may also receive a Request for Further Evidence (RFE) in an effort for the parents to have time to provide additional information to USCIS regarding their adoption process or child’s eligibility.
The NOID/NOIR/RFE will state the reasons for issuance.

What to do if you receive a NOID letter?
Contact an attorney who has experience with these matter immediately as parents and their attorney have thirty (30) days to respond with a rebuttal of reasons stated. Attorney Michele Jackson at Harden Jackson Law has experience dealing with these matters. Please note that an immigration attorney or adoption attorney may not automatically be experienced in this area. The rebuttal or appeal that is drafted by you or on your behalf may not be successful. Also remember that you may be given a specified time in which you can respond and any answer post deadline may not be accepted.

What to do if you receive a Final Denial of the orphan visa?
Again, time is of the essence. Contact an experience attorney immediately, as parents may appeal denials if “appealable.”