Pre-adoption Immigration Review

Pre-adoption Immigration Review

Pre-adoption Immigration Review (“PAIR”) in 2013

United States views on international law [1] in relation to Pre-adoption Immigration Review (“PAIR”): In January 2013, the Taiwan Child Welfare Bureau issued an administrative order that requires all adoption cases filed on behalf of U.S. prospective adoptive parents with the Taiwan courts to undergo the U.S. PAIR process. The order instructs Taiwan adoption service providers (“ASPs”) to include a letter issued by the American Institute in Taiwan (“AIT”) located in Taipei, confirming completion of the PAIR process with each court filing initiated after April 1, 2013. U.S. Citizenship and Immigration Services (“USCIS”) issued a policy memorandum on February 14, 2013, allowing prospective adoptive parents to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, before Taiwan courts finalize an adoption in Taiwan. The policy memorandum, which is available in full at (link resource) uscis.gov/USCIS/Laws/Memoranda/2013/January/Taiwan%20PAIR%20PM%20.pdf, explains some benefits of implementing the PAIR process:

Some Aspects of Pre-adoption Immigration Review (“pair”)

Currently, adoptive parents generally file a Form I-600 after traveling to and completing the adoption of a child (beneficiary) in Taiwan. As a result, any serious problems with a case may only become apparent after the adoptive parents have a permanent legal relationship with the child. Irregularities uncovered after the adoption or grant of legal custody is finalized can delay or prevent the immigration of a child to the United States, which can leave adoptive parents and children in untenable situations. Implementation of the PAIR process to meet the new requirements of Taiwan will significantly reduce or eliminate such problems, since a preliminary determination on U.S. immigration eligibility will precede the issuance of adoption decrees or legal custody orders.

Developments

Effective September 1, 2013, the Government of Ethiopia began requiring all adoption cases filed on behalf of U.S. prospective adoptive parents with the Ethiopian courts to undergo the U.S. PAIR process. State Department notices regarding adoptions from Ethiopia are available at (link resource) adoption.state.gov/country_information/country_specific_info.php?countryselect=Ethiopia.

Resources

Notes

  1. Pre-adoption Immigration Review (“pair”) in the Digest of United States Practice in International Law

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