A. Purpose
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A. Purpose
B. Question About the Child's Being an Orphan
C. Illness or Disability
D. Fraudulent Practices
When an orphan petition is sent to an American consular or embassy for possible issuance of an immigrant visa to the child or when an orphan petition is filed at an American consulate or embassy, a consular officer does an overseas orphan investigation as part of the normal processing. This is usually done very quickly. However, the investigation and visa processing can sometimes be lengthy. Adoptive parents going abroad for processing should contact the appropriate American consulate or embassy or overseas Service office for details on processing times. The purpose of the investigation is to confirm that:
1. the child is an orphan as defined in immigration law, and
2. the child does not have an illness or disability which is not described in the orphan petition.
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If it appears that the child is not eligible for classification as an orphan under immigration law, the Service notifies the petitioner and spouse, if married, and gives them the choice of withdrawing the petition or having the question considered in revocation proceedings. When there are revocation proceedings, the petitioner is given a chance to submit proof to overcome the stated grounds for revoking the approval of the petition.
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If it is found that the child has an illness or disability which is not described in the petition, the petitioner and spouse, if married, are given all the details about it either by the Service or the American consulate or embassy, depending on where the orphan petition was filed. The petitioner and spouse, if married, may then choose whether they still want to bring the child to the United States as an immigrant.
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Prospective adoptive parents are cautioned to avoid fraudulent adoption practices and agencies or individuals who engage in them. They should deal only with reputable sources of children for adoption and make sure that all proceedings which they engage in are legal. The Service has found that there is a potential for foreign children to be stolen from their parents for adoption in the United States by unscrupulous individuals and there is a market for fraudulent documents for children who are beneficiaries of orphan petitions. Arrangers entice clients by boasting that theirs is a faster, cheaper, and easier way to adopt children. Adoptive parents have been exploited by paying exorbitant fees and never getting the children or getting unhealthy children, or have been made parties to fraudulent acts.
When the Service has reason to believe that an orphan petition may involve fraudulent adoption practices, the overseas orphan investigation is done before the petition is approved. This, of course, may delay the completion of the case, but the investigation is always done as quickly as possible. Not only is it the responsibility of the Service to make every effort to ensure that an orphan petition does not involve fraudulent adoption practices, but the investigation is also done as a service to the adoptive parent(s) because it protects them from a potentially heartbreaking situation which may occur when an adoption is not legal.
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