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Thursday, March 20, 2008

USCIS vs HCMC Hospital part II

This is the now infamous letter that families adopting children born at this specific HCMC hospital have been getting. To be clear... we have NOT received this letter because it is too soon for us to apply for our I-600. But if this issue is not resolved soon, we expect to receive it. We anticipate sending our I-600 application to the USCIS in the next month.
Dear Mr./Ms. XYZ,,
The USCIS office in Ho Chi Minh City, Vietnam, is in the process of reviewing your Petition to Classify Orphan as an Immediate Relative(Form I-600), to determine whether the child qualifies as an orphan under US immigration law.Please be advised that Tu Du maternity hospital administrators and Vietnamese officials have prevented the U.S. Government from conducting an inquiry into the status of the child identified in your petition.This interference will add significant time to the processing of your case while the U.S. Government seeks to resolve the problem or find alternative ways to conduct its inquiry. You should know that this interference could result in a determination that the child may not be eligible to immigrate to the U.S. as an adopted child.
In all cases, USCIS strongly recommends that you do not travel to Vietnam until USCIS has provided notification to you that the child qualifies as an orphan. Traveling to Vietnam prior to getting this notice from USCIS will not advantage or prioritize your case, and may result in a prolonged stay in Vietnam. The USCIS office in Ho Chi Minh City will provide you with an update on the status of your casein 60 working days.If you do not wish to wait until such time as the Vietnamese authorities allow the U.S. to proceed with a field inquiry in your case, you may request a final decision on your petition based upon the incomplete record. Please note that this may result in a denial of your petition.
Alternatively, you may wish to consult with your adoption services provider or attorney to consider the other options that are available in your particular case, including, but not limited to, withdrawing your petition, filing a new Form I-600 after identifying another child for adoption, filing a new Form I-600A and selecting a different country, or filing a written request for a change of country with USCIS. Please note that these options may require a new or updated home study and/or incur additional fees.
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