How can you find the status of a stalled adoption visa to the USA?

Post date: 2020-02-12 09:09:39

A member of a private forum is in a bit of a situation right now concerning a visa for foreign adoption to bring their newly adopted child back to the US. Their normally one day wait has been over two months with not even a status update. This problem is not political and is likely specific to their circumstances. Would anyone have any insight or path forward with the details below.

For those not familiar with foreign adoption, it is a very iterative process. You deal with governments and private agencies in both countries and each stage of the process usually waits for the next stage to be completed in the other country. In this case both countries are members of The Hague Convention on Adoption, so there is a fairly structured process between the countries. The final hurdle before adoption on the US side is the issuance of an Article 5. This assures the foreign country that the US government:

a) have determined that the prospective adoptive parents are eligible and suited to adopt;
b) have ensured that the prospective adoptive parents have been counselled as may be necessary; and
c) have determined that the child is or will be authorized to enter and reside permanently in that State.

In this couple's case, this was issued. However, around this time a family member that did not approve of the adoption contacted the foreign government agency with allegations that one of them may be an unfit parent due to a documented mental illness that was accounted for in the processes. This caused a delay, but the adoption was finalized. After receiving a new birth certificate and foreign passport for the child, the final step in country is receiving an IH-3 visa for the child to return to the US. Once the child touches down on US soil they will theoretically be a US Citizen, although technically they will retain permanent resident status for about 6 weeks until their Certificate of Citizenship is issued, with the endorsed IH-3 USA acting like a green card.

This issuance of the visa usually takes one day or less and is performed by the US Department of State in the US Embassy in the foreign country. This process should be unaffected by any closing or staffing down of any USCIS Missions as the immigration eligibility has been determined prior to the Article 5 issuance.

For this couple, this one day process has taken over two months with absolutely zero feedback. It is likely the relative also contacted the US government with accusations and the matter is under investigation. It is also likely that no one really knows what to do in this situation and the matter is stagnating because nobody wants to make a decision.

They have contacted both US Senators, their US Congressman, State Governor and Lieutenant Governor, as well as the online contact forms for the White House and US Department of State International Adoption. They have also tried to make an appointment in person at the Embassy but were denied. Their Senators seem to be making weekly inquiries for them, but other than that, all they have gotten is a form letter from President Trump thanking them for their comments and urging them to watch the State of the Union address. The Department of State is only overseen by the Executive Branch.

Would anyone know of resources or plan forward for these people? They do have a lawyer looking into this but it is a little outside the norm for them and they are looking for another If you have suggestions.

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