ADOPTION PROCESS IN PAKISTAN

1. Getting your Baby

2. Getting the Child's Birth Certificate

3. Filing for Guardianship

4. Applying for B(Bay) or CRC Form

5. Applying for Pakistani passport

6. Filing Form I-600 (if not already filed in US)

7. Completing the Medical Examination

8. Applying for Immigrant Visa

9. Immigrant Visa Granted (IR-4)

1. Getting your Baby

When you arrive in Pakistan, you need to present yourself at the orphanage to inform them that you are in the country. As soon as they have a baby available they will contact you to come in and see the baby.

If you are happy with the match, they will allow you to take the baby home. The baby is given as 'Amaanat' (in trust) to you for a period of three months. In this time, the birth parents have the right to come forward and reclaim the baby. During your time in Pakistan, you are free to stay anywhere in the country and will only need to return to the office to finalise the guardianship.

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2. Getting the Child's Birth Certificate

After you get the child, there is typically a three-month waiting period before the orphanages issue you documents certifying that this is an abandoned baby and has been placed with you. You then need to get the birth certificate from the office of registrar of births & deaths at the jurisdiction of the orphanage where the child is adopted from. The area councilor will approve your application. The lawyer you engage in Pakistan can help you with this process.

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3. Filing for Guardianship

On receiving the abandonment certificate you need to get legal custody of your child by applying for guardianship of the child in a civil family court in Pakistan. Legal custody means the assumption of responsibility for a minor by an adult under the laws of the state and under the order or approval of a court of law or other appropriate government entity. Guardianship is provided by Pakistani Family Court under the Guardian and Wards Act of 1890.

American Embassy provides a list of attorneys that the parents can use to get the legal custody of their child:

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4. Applying for B(Bay) or CRC Form

After you have a guardianship decree from the court you will have to obtain a “B” form, also called Child Registration Certificate (CRC), from the offices of NADRA. The CRC is used to register the child in NADRA's database and a number is assigned to the child (It is just a number, they can get the card after they turn 18). You will need the child's birth certificate and the parents' CNIC or NICOP to get the CRC.

Once you have the “B” form with the ID number you can apply and get a passport made for the child.

See this site for more details - CRC or B-Form for under 18 years Pakistanis residing abroad

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5. Applying for Pakistani passport

You need Pakistani passport for your child before you apply for immigrant visa. You can apply at local passport office or authorized branches.

You can find the information regarding applying for Pakistani passport at http://www.forms.gov.pk/

The Passport application forms can be downloaded at Passport Form (ZIP file, 12KB)

Form filling instruction: Passport Guidelines-I

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6. Filing Form I-600 with USICS - Petition to Classify Orphan as an Immediate Relative

Once a child is identified, this form is filed with USCIS. USCIS will determine whether the child the US intends to adopt, meets the USCIS definition of an "orphan." If a Form I-600A has not previously been filed, then the US citizen will also be required to submit the documentation that would normally have been submitted with the Form I-600A at this time.

It is very important that all Pakistani and US drafted documents are examined carefully to verify correct spelling, dates, and locations because the US Embassy in Islamabad are sticklers for details and will delay your case. Some court, municipal, and attorney's clerks tend to produce error-laden documents.

The fee to file Form I-600A and I-600 is $545 and $70 fingerprinting fee for each household member and that is subject to change. If you have already filed and paid the fee for the I-600A, you will not pay again when you file the I-600.

Forms I-600A and I-600 are available on the USCIS website:

I-600A - Application for Advance Processing of Orphan Petition

I-600 - Petition To Classify Orphan As an Immediate Relative

The question sometimes is where to file the I600. One has the option of filing it in Islamabad or at your local USCIS office. Different states have different processing times and it takes a few more weeks to get the approval letter for an I-600 (form I-171) to get to Islamabad via diplomatic pouch to proceed with filing for the child's visa application (Form OF-230I and OF-230II). Recent I-600s submitted in Islamabad were processed in 2-8 weeks.

I-600 (an orphan petition) is filed after the approval of an advance processing application. YOU MUST FILE THE I-600 IN PERSON if filing in Islamabad.

You will have to make two trips to the US embassy, once to file the I-600 and the second for the issuance of the visa when your application is approved.

Along with the I-600 Approval letter (I-171H), the USCIS will send you the blue I-600 "Petition to Classify an Orphan as an Immediate Relative" form. You will process the I-600 once you receive a referral for a child.

You can also download the I-600 form here I-600 (Fillable PDF, 171 KB)

The following documentation must be presented, in person, in order for an I-600 petition to be approved:

1. Proof of approval of I-600A.
2. Proof of child age and identity (Birth Certificate).
3. Proof of child's status as orphan: for a child with no parents, evidence of the parents'' death, disappearance, abandonment, desertion, separation, or loss; for a child with a sole or surviving parent, evidence of the death of one parent, evidence that the surviving parent is incapable of providing proper care, and the surviving parent's irrevocable written release of the child for emigration and adoption.
4. Proof that the petitioner and spouse (if married) have obtained legal custody of the child for emigration and adoption. In Pakistan, such custody is evidenced by a court order issued in accordance with the Guardian and Wards Act of 1890.
5. Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence in the US have been met.
6. $140 filing fee (unless filed within one year of an approved I-600A petition, in which case no new fee is required).
7. Photo of your child.

Where to File I-600 form?

US Embassy (consulate) Pakistan
Islamabad, Pakistan
Ph: 92-51-2-080-2700
Fax: 92-51-2-822-632

http://islamabad.usembassy.gov/

Pamela Hutchings: 92-51-208-2149 (direct number)

Remember: do not submit your child's original legal documents to the USCIS! These irreplaceable documents will be gone forever if the USCIS loses them. Instead, submit photocopies and include the USCIS form stating that the photocopies you are providing are true and unaltered. (Ask your regional USCIS office for a copy of this form.)

If the orphan petition is approved Form I-171, Notice of Approval of Relative Immigration Visa Petition, or an I-797, Notice of Action, will be sent to you. They will also send an instructional package to your home address in Pakistan with instructions on how to file for a visa (Form OF-230 I and OF -230II - Application for Immigrant Visa and Alien Registration). You will also receive an Affidavit of Support form (I-864).

Your signed and notarized Affidavit of Support (I-864) for IR-4 (Immediate Relative - Category 4) visa status must include proof of current employment, and your individual Federal income tax returns for the most recent 3 tax years. Your W-2s or 1099 forms will also be required.

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7. Completing the Medical Examination

Another visa requirement is the medical examination of the child by a designated physician. The US embassy or consulate must approve the physician conducting the examination. The medical examination focuses primarily on detecting certain serious contagious diseases or disabilities that may be a basis for visa ineligibility. If the child is found to have any of these illnesses or disabilities, the child may still be issued a visa after the illness has been treated and is no longer contagious, or after a waiver of the visa eligibility is approved by the BCIS. If the physician or the consular official notes that the child has a serious disease or disability, the parents will be notified and asked if they wish to proceed with the child's immigration. Prospective adoptive parents should not rely on this medical examination to detect all possible disabilities or illnesses. You may wish to arrange an additional private medical examination if there are concerns about the child's health.

Following physicians have been approved by the US embassy for the purpose of medical examination for visas. Contact the US Embassy (Consulate) for a current list of doctors.

Fees: Children (under 15 years)

Examination Fee: 1250.00 Rs.

Vaccination Fee: 300.00 Rs. plus the cost of vaccine

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8. Applying for Immigrant Visa

After the approval of I-600 - Petition to Classify an Orphan - the Pakistani child adopted by an American citizen must obtain an immigrant visa before he/she can enter the US When the adoption or guardianship process is completed, the adoptive parent(s) can apply for an immigrant visa at the US Embassy (Consulate) in Islamabad.

Contact the Embassy in Islamabad to schedule an immigrant visa interview for the orphan.

Meeting with the consular officer prior to the interview allows parents to obtain a list of the visa requirements and necessary forms and provides an opportunity to discuss any questions or concerns. In addition, if time permits, an early meeting may allow the consular officer to see the child for whom the visa is necessary. "Visual inspection" of the child is a requirement. It may be more convenient for all parties involved for the prospective adoptive parents not to be distracted with the child(ren) during the final visa interview. Some consular sections schedule special times to handle orphan petitions, facilitating the workflow and ensuring availability of consular staff and facilities for the adoptive parents and children.

The consular officer requires specific documentation to conduct a visa interview and to approve visa issuance. Some of these requirements are discussed below. However, we strongly suggest that adoptive parents contact the consular section conducting the visa interview prior to the actual scheduling of the interview. Remember, a visa is not permission to enter the United States. Final authority to enter the US rests with the BCIS at the port of entry.

The documents for the visa interview are:

1. Approved I-600 petition from BCIS

2. Application- Form OF-230, Parts I and II.

3. Sealed Medical report from a physician approved by the Embassy

4. Birth certificate- original Urdu and a copy ; original English translation and a copy

5. Affidavit of support from the petitioner; form I-864; copy of three most recent years'' federal tax returns (form 1040 and all attachments) and evidence of employment

6. Two visa photos of child and both parents, according to the instruction sheet provided

7. A Pakistani passport for the child

Although the final visa interview appears to involve a single action which may be completed quickly, the consular officer must perform several different steps required by law and regulation. The officer must review the I-600 petition, verify the child's status as an orphan, establish that the prospective parent(s) have legal custody, survey the child's medical condition and confirm that the child has the required travel documentation. Questions concerning legal custody or proper documentation for the child must be resolved in accordance with the law of the country of the child's nationality or residence. Since requirements vary from country to country, the consular section can be helpful in explaining requirements in their local area. Nevertheless, the adoptive parent(s) or the adoption agent is responsible for meeting these requirements. As explained earlier, the child's ability to qualify for an immigrant visa as an orphan is determined by US law. An adoption by a court decree or comparable order by a competent authority does not automatically qualify a child for an immigrant visa for entry into the United.

You can find more information regarding international adoption on USCIS site: http://www.uscis.gov/graphics/services/index2.htm

Visa Filing Fee

The fee for an immigrant visa is $260 for the application and $65 for the visa, which must be paid either in local currency or US dollars in cash, money order, cashier's check or certified check. Neither personal checks nor credit cards are accepted. Visa issuance after the final interview generally takes 24 hours.

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9. Immigrant Visa Granted (IR-4)

An IR-4 visa (the "IR" stands for "immediate relative") is issued in cases where prospective parents are given only guardianship or legal custody (which is the case for adoption in Pakistan) and the child is to be adopted in the United States. For this visa, re-adoption is necessary in the US state of residency where the child will reside for this visa.

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