On its site, JCICS has listed what the US will require for documentation, under the assumption that the cases will be treated as abandonments. Obviously absent from this is how the cases will get through the Guatemalan part of the equation.
We have no further information on this beyond what JCICS has posted.
Info on the JCICS site can be found here: http://www.jcics.org/Guatemala.htm or click on more.
October 20, 2008
The following details Joint Council’s understanding of the process and requirements for a Guatemalan adoption which was initiated as a relinquishment but is now considered an abandonment case. We recognize that this information is certain to generate numerous questions and requests for clarification. Please note that the following represent all of the information available at this time. Joint Council and USCIS are actively seeking further clarification and will publish any additional information provided by the Guatemalan or U.S. governments.
Relinquishment to Abandonment Process
1.) For those cases which were initiated as relinquishment cases but are now determined by the Guatemalan government to be abandonment cases, USCIS is not requiring potential adoptive parents to withdraw their initial I-600A petitions nor submit an I-800A petition.
a.)Potential adoptive parents are strongly encouraged to maintain a valid status for the I-600A approval (aka I-171H) via the newly announced ‘grandfather’ provisions. In the case of Guatemala, letting an I-600A application lapse could cause a family to wait an undetermined about of time, possibly into years.
2.) USCIS is requiring the following documentation for these cases.
a.)Adoption consent properly filled out with signatures legalized in an authorized format.
b.)Child’s birth certificate in literal form with corresponding annotation of the courts resolution.
c.)Original certificate of resolution of declaration of the violation of the human rights of the minor, issued by the Guatemalan competent court of abandonment
d.)Notorial deed of appointment granted by the minor’s legal representative
e.)Legalization certificate for the copies presented
f.)All documents that are not originals must be authenticated
g.)All documents must be submitted in person by the attorney or Potential Adoptive Parents.
h.)All documents must be submitted to the Consular Section entrance of the U.S. Embassy in Guatemala City at 7:00 a.m. (Monday to Thursday) in order to request a number for the public adoptions window #10.
3.) Documents must be submitted as soon as the Potential Adoptive Parents are aware that the process has been changed from relinquishment to abandonment and before all other final documents are submitted to USCIS.
Joint Council respectfully requests your cooperation in refraining from contacting us directly, at this time, concerning questions and/or comments regarding this specific issue. We look forward to further information and clarifications from USCIS and will continue to publish any new information.
Has there been any movement or statement on the part of PGN/CNA to initiate abandonment procedures? Do we expect them to create some rule or law to permit a group decree of abandonment for those cases where the birth mother did not appear for the interview? It would seem that individual disposition of 800-900 cases would take a long time, what with broken email servers, etc. I keep hoping for exceptions to be made or granted--Please let us know if anyone hears of such cases!
Posted by: Celeste at October 22, 2008 06:59 PMIs anyone else going thru this now? We have just completed and turned in all the paperwork requested. We did not find out about this until our 2nd DNA was completed. So we are at the end of the process however we can not get our visa. Just curious if anyone knows what the time frame might be for Department of Homeland Security to review our file and release it for the Visa.
Posted by: jttcook at October 28, 2008 09:44 AM