America World is aware that many of you have expressed concern over whether or not your family will continue to be approved by China under the regulations that you originally submitted your dossier under, should you become a Hague case. We would like to take a moment to address this with families and ease any fear or frustrations that you may have.
In recent weeks, there has been a lot of talk on chat groups and websites concerning whether or not families who had previously submitted an I-600A form to USCIS and who would now have to submit an I-800A (Hague form) to renew, would still be approved under the regulations that they submitted their dossier under initially. USCIS is aware of families’ concerns and are currently in the process of publishing an official statement to address these questions.
America World is re-posting the following response from September 17, highlighting some of these issues. Please review the following information for additional answers to some of your most frequently asked questions:
What happens if my current I-171H form expires and I have already used my one time free renewal and must submit the new I-800A Hague form? Will my family have to meet the China requirements in order to adopt?
If a family applies for an immigration approval using an I-800A they will remain under the guidelines in place by the respective foreign government at the time they submitted their original dossier. See the following noted from USCIS’s new office for processing Hague I-800A forms, The National Benefits Center:
• The National Benefits Center (NBC) will NOT be assessing whether or not a family meets the requirements of the sending country; only the requirements of the U.S. For example, singles that met the deadline in China may have to eventually file an I-800A application and meet all of the new Hague standards, but NBC will not deny the applicant based on China’s new criteria. Thus far, China has indicated a willingness to process all applicants who met the deadline, regardless of whether they have to file a future I-800A. The ASP’s Hague-complaint home study would then contain a statement that the applicant met the criteria established by the sending country at the time of the original application and home study.
China has indicated that they will still continue to review each case as “grandfathered” in, thus eliminating any concern for families that would not comply with the new China regulations. Waiting Families should refer to the email sent on 10/10/08 entitled, “ FAQ email re: Renewals and Hague Processing” for additional information on this topic.