Sec. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing
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The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services— shall be responsible for processing and case-specific decisionmaking on all intercountry adoption cases (up to the point of application for an immigrant visa on behalf of the adopted child), including cases being processed pursuant to the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) and section 2 of the Intercountry Adoption Universal Accreditation Act of 2012 (42 U.S.C. 14925); shall ensure that all intercountry adoption suitability and eligibility determinations of prospective adoptive parents required under subparagraph
(F)or
(G)of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) are made in accordance with standard criteria that comply with the Hague Adoption Convention so that any such determination justifies a Convention adoption or a non-Convention adoption; to the maximum extent possible, and to the extent permitted by the country in which the child resides, shall ensure that all non-Convention adoption cases undergo preprocessing, including— the filing of a petition and the review of a child’s eligibility to immigrate to the United States before the adoption or grant of legal custody (for purposes of emigration and adoption in the United States) of that child is completed in the country of origin; and the completion of all necessary and relevant investigations associated with the petition before the country of origin finalizes the adoption or grants legal custody for purposes of emigration and adoption in the United States; except as provided in paragraph (5), shall be responsible for all case processing steps in Convention and non-Convention adoption petitions on behalf of children whom United States parents propose to immigrate to the United States (except for the processing of immigrant visas), including processing of all necessary Hague Adoption Convention certifications and the final adjudication of the immigration petitions; and may delegate the responsibility for completing certain elements of case adjudication to the Secretary of State if the Department of Homeland Security— cannot adequately complete such elements due to the need for physical presence in the country of origin or other processing-related circumstances; and defines and monitors the parameters for the elements delegated to the Secretary of State and retains final decisionmaking authority. The 2-year legal custody and joint residence requirements set forth in section 101(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(E) ) shall not apply if the documentation submitted on behalf of a child includes— an adoption decree issued by a competent authority (as such term is used in the Hague Adoption Convention) of the child’s country of origin and evidence that the adoption was granted in compliance with the Hague Adoption Convention; or a custody or guardianship decree issued by the competent authority of the child’s country of origin to the adoptive parents, and a final adoption decree, verifying that the adoption of the child was later finalized outside the United States by the adoptive parents, in addition to evidence that the custody or guardianship was granted in compliance with the Hague Adoption Convention. Paragraph
(1)shall not apply unless— on the date on which the underlying adoption, custody, or guardianship decree was issued by the child’s country of origin— that country’s adoption procedures complied with the requirements of the Hague Adoption Convention (as determined by the United States central authority); and the competent authority of the country of origin certified that the adoption is consistent with Article 23 of the Hague Adoption Convention; and the adoption was a Convention adoption that was completed between 2 Convention countries other than the United States. The Secretary of Homeland Security may accept the filing of petitions on behalf of children living in non-Convention countries in the absence of a final adoption decree. The Secretary of Homeland Security may interact directly with the central authority of a Convention country or a competent authority of a non-Convention country, as appropriate— to facilitate the processing of intercountry adoption cases, including making habitual residence determinations relevant to children and prospective adoptive parents in adoption proceedings; and to negotiate, in coordination with the Department of State, and to implement bilateral agreements with respect to intercountry adoptions. The Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) is amended— by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and in the heading of section 103, by striking and inserting Attorney General . Secretary of Homeland Security Section 301 of such Act ( 42 U.S.C. 14931 ) is amended— in subsection (a)— in the subsection heading, by striking and inserting Secretary of State ; and Secretary of Homeland Security in the heading to paragraph (1), by striking and inserting Secretary of State ; and Secretary of Homeland Security by striking Secretary of State each place it appears and inserting Secretary of Homeland Security . The table of contents of such Act is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Responsibilities of the Secretary of Homeland Security. . Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended— in subparagraph (E)— in clause (i), by striking
(i)a child adopted while under the age of sixteen years and inserting a child adopted while younger than 18 years of age ; and by striking clause (ii); by amending subparagraph
(F)to read as follows: a child, younger than 18 years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 201(b), and who has been adopted in a foreign state that is not a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, if— the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States; the child’s natural parents (or parent, in the case of a child who has 1 sole or surviving parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption; the child has a living parent or parents who has or have relinquished, or will relinquish, the child voluntarily for the purposes of intercountry adoption, and the parent or parents are incapable of providing proper care for the child; the Secretary of Homeland Security, after considering whether there is a petition pending to confer immigrant status on 1 or both natural parents, is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated; and in the case of a child who has not been adopted— the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and the prospective adoptive parent or parents has or have complied with any preadoption requirements of the child’s proposed residence; and except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; ; and in subparagraph (G)— in the matter preceding clause (i), by striking 16 and inserting 18 ; in clause (i)— in subclause (II), by striking because of the death or disappearance of, abandonment or desertion by, the other parent ; and in subclause (III), by striking two living natural parents, the natural parents are and inserting a living parent or parents, who have relinquished or will relinquish the child voluntarily for the purposes of intercountry adoption, the parent or parents are ; in clause (ii), by striking ; or and inserting a period; and by striking clause (iii). Section 502 of the Intercountry Adoption Act ( 42 U.S.C. 14952 ) is amended to read as follows: Not later than 2 years after the date of the enactment of the Children in Families First Act of 2014 , the Secretary of Homeland Security shall establish, by regulation, alternative procedures for completing the intercountry adoption of children by United States citizens who are related to such children by blood, marriage, or adoption. The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may waive, on a case-by-case basis, applicable requirements for meeting the definition of a child under subparagraph (E), (F), or
(G)of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ), or regulations issued with respect to such definitions, in the interests of justice or to prevent or respond to the threat of grave physical or emotional harm to the child if the petitioner establishes that— the child substantially complies with the requirements under 1 of such subparagraphs; and such a waiver would be in the child’s best interests. . The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may determine, on a case-by-case basis, that a specific intercountry adoption case may proceed as a non-Convention adoption if— the child’s country of origin or habitual residence is a Convention country; the central authority of the child’s country of origin or habitual residence has issued, or will issue, an adoption decree which that country considers to be legal and valid under that country’s laws to the United States adoptive or prospective adoptive parents; and the central authority of the child’s country of origin or habitual residence has informed the Secretary or the Director that it does not consider the specific case to fall within the scope of the Hague Adoption Convention. The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may grant parole to a child if the Secretary or the Director determines that— the child’s circumstances indicate that immediate unification with the parties seeking parole is in the child’s best interests; waiting to complete other, more time consuming immigration processing could be significantly harmful to the child’s well-being; the party or parties seeking parole on behalf of the child— have a pre-existing legal relationship with the child, as evidenced by an adoption decree or a custody order; or demonstrate a pre-existing relationship with the child and an intent to establish a legal relationship with the child, which may be evidenced by— a familial relationship with the child; a close personal relationship with the child, such as— being matched with the child for an international adoption by an adoption service provider or the competent authority of the child’s country of origin; or documentation showing that the child’s parents, if deceased or otherwise incapacitated and unable to provide proper care for the child, intended for the parties seeking parole to take custody of the child; or the filing of adoption-related applications or petitions related to the adoption of the child; and the child will receive proper care in the United States by the party or parties who seek parole on behalf of the child, based on a review of the suitability of the party or parties, which may include background check or completion of a home study conducted by a competent authority. If a child is granted parole under paragraph (1), is subsequently adopted by the parties who sought parole, and such parties seek permanent immigration status for the child under section 101(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E))— the 2-year period for legal custody of the child shall begin to accrue on the effective date of a grant of custody in the child’s country of origin or habitual residence or in the United States; the 2-year period for physical custody of the child shall begin to accrue on the date on which the party or parties seeking parole for the child begin joint residence with the child, in the child’s country of origin or habitual residence or in the United States; and the 2-year periods of joint residence and legal custody may accrue within or outside the United States. The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of U.S. Citizenship and Immigration Services, shall issue regulations to carry out this section and the amendments made by this section.
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Sec. 104
Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing
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