United Nations Children’s Fund Update Paper

Topic A: Detainment of Refugees

In addition to the ongoing problem of an influx of refugee children, especially in

Europe, there is an equally serious problem concerning the detainment of these refugee children.

Countries indefinitely hold refugees to prevent them from inhabiting their territories. The 1951

Convention on the Status of Refugees outlined that refugees shouldn’t be detained despite lack of

proper documentation or compulsion to enter a country. Moreover, they must be provided the

opportunity to find asylum. Generally, refugees and children shouldn’t be detained, but countries

around the world still continue to deny these groups their rights and detain them.1 Although it is

still hard to obtain accurate estimates of exactly how many children are being detained, one study

estimates about a quarter of all migrants are children.2

Historically, the detainment of refugees is used as a similar means by governments to

prevent entry of undocumented migrants. These refugees, despite the fact that many are children,

have to seek entry into countries without adequate documentation and are therefore treated under

the same pretenses as undocumented migrants. For instance, they are kept in detention facilities

like prisons or camps, rather than supportive and hygienic environments.3 Children are often

detained for health and security screenings, to verify their identities, which are often hard to

ascertain, and to simply facilitate their removal from countries’ territories.4 In terms of the

conditions, detention centers in Libya have been reported to have horrid living standards for

1 “Detention of Refugees.” Rights in Exile Programme, www.refugeelegalaidinformation.org/detention-refugees.2 "Captured Childhood." https://idcoalition.org/wp-content/uploads/2016/07/Captured-Childhood.pdf.3 “Detention of Refugees.”4 "Captured Childhood."

migrants, especially for children. Not only are these children malnourished and improperly

clothed, they are subject to the same conditions as adult migrants, which often results in abusive

environments.5 In addition, these children experienced violence and sexual abuse by the adults in

charge.6 Regarding psychological issues, multiples studies conducted on children detainees have

generally concluded that prolonged detainment leads to and exacerbates mental health issues like

anxiety, depression and PTSD.7 These problems will hinder the children’s cognitive development

and continue to persist throughout their adulthood, which is already made extremely difficult

given their current status as refugees.

Generally, detainment leads these children to develop further psychological problems as

they are separated from their families. In recent policy talks, the Trump administration has been

considering a policy that would separate children from their parents into different detention

centers as they cross into US borders. Supporters of this policy hold that separation of children

from their alleged guardians is necessary to remove any threats to their safety from smugglers.

Yet there is also the danger of psychological damage to these children if they were to be

separated from their families and held in unfamiliar facilities.8 According to the Department of

Homeland Security, there was a 26 percent increase in unaccompanied children crossing the US-

Mexico border in November, 2017.9 Along with this increase, the shelters provided by the

5 "A Deadly Journey for Children." UNICEF. https://www.unicef.org/publications/files/EN_UNICEF_Central_Mediterranean_Migration.pdf.6 Ibid.7 “Detention of Refugees.”8 Frej, Willa. "Trump Administration Considers Tearing Families Apart In New Immigration Crackdown." The Huffington Post. December 22, 2017. Accessed December 22, 2017. https://www.huffingtonpost.com/entry/trump-family-separation-immigration-crackdown_us_5a3cfc08e4b0b0e5a7a19c6d?ncid=edlinkushpmg00000313.9 Miroff, Nick. "To curb illegal border crossings, Trump administration weighs separating kids from parents." Chicagotribune.com. December 21, 2017. Accessed December 22, 2017. http://www.chicagotribune.com/news/nationworld/politics/ct-trump-immigrants-parents-children-20171221-story,amp.html.

Department of Health and Human Services are at the height of their capacities, with 39,006

children migrants being detained in November.10 This overcrowded system of migrant children

prevents each child from receiving adequate care and attention. In turn, they will develop

diseases and are subject to either stringent or nonexistent policies that fail to take their health into

account.

Despite the harrowing problem of detainment, recent actions taken by the UN have

started to help with the situation. Specifically, the UN evacuated more than 100 refugees,

including children, from detainment centers in Libya in late December of 2017.

The possibility of helping children in these centers deemed too inhumane by humanitarian

groups is promising because it would allow these children to gain opportunities in developed and

stable countries. Italy provided safe passage and travel for these refugees from Libya in order to

help them reach Europe, and in the future the UNHCR plans to evacuate 10,000 more refugees

from the Tripoli government.11 For comparison, of 256,000 migrants estimated to have entered

Libya, 23,000 are children, while the number of unaccompanied children who arrived in Italy in

2016 was more than 25,800.12 Although the possibility of evacuation and resettlement are

promising, there are still refugee children who are undocumented in countries where it’s difficult

to evacuate them.

Topic A: The EU-Turkey Deal10 Ibid.11 "U.N. Evacuates Refugees to Italy From Libya for First Time." U.S. News & World Report. Accessed December 22, 2017. https://www.usnews.com/news/world/articles/2017-12-22/un-evacuates-refugees-to-italy-from-libya-for-first-time.12 "A Deadly Journey for Children."

On March 18, 2016, the European Union, after nearly a full year of deliberations with

Turkey, released the EU-Turkey statement. The agreement sought to address the migrant crisis in

Europe, specifically irregular migration from Turkey into the EU.13 The path from Turkey into

the EU through Greece had been a common, and certainly dangerous, one for primarily Syrian

migrants.14 The foundation of the deal was simple—every refugee crossing into Greece from

Turkey would be returned to Turkey, and for every Syrian migrant returned, another Syrian

migrant currently settled in Turkey would be resettled into the EU.15

This update paper will brief delegates regarding the implementation of the statement so

far—the effect it has had on migration, key challenges it faces today, and the outlook on its

future. Following the brief of the statement, an overview of the challenges related specifically to

the resettlement of refugee children will be discussed. This document is not meant to be

comprehensive—many important ideas and viewpoints remain outside the analysis of this

document and suggestions for additional reading will be provided at the end.

An Overview of the EU-Turkey Statement

Since the beginning of the summer we have seen a slight uptick in the daily crossings into

Greece at a current average of 93 migrants per day.16 However, in the context of a successful

97% decline in migration from Turkey into Greece since the beginning of the statement’s

13 Aamann, Preben. “EU-Turkey Statement, 18 March 2016.” Consilium, European Council, 18 Mar. 2016, www.consilium.europa.eu/en/press/press-releases/2016/03/18/eu-turkey-statement/.14 Rankin, Jennifer. “Turkey and EU Agree Outline of 'One in, One out' Deal over Syria Refugee Crisis.” The Guardian, Guardian News and Media, 8 Mar. 2016, www.theguardian.com/world/2016/mar/08/european-leaders-agree-outlines-of-refugee-deal-with-turkey.15 Aamann.16 “Seventh Report on the Progress in the Implementation of the EU-Turkey Statement.” Ec.europa.eu.

operation, the marginal increase in the summer months has not significantly concerned EU

border authorities.17 The agreement has now led to the resettlement of over 9,000 Syrian refugees

in Europe, placing additional pressures on the EU to integrate this migrant population.18

Although not yet ideal, another success has surfaced—since the start of operations 113 fatalities

have been recorded in the Aegean Sea related to refugee migration compared to the 1,150

fatalities in the full year prior to the joint statement.19 The deal, however, has demonstrated

several clear shortfalls.

While the number of arrivals in Greece has slowed, the number of returns to Turkey has

not improved. This is due to inefficiencies in the “hotspot” migrant facilities primarily in the

Greek islands. The Greek Reception and Identification Service has repeatedly outlined the

following key challenges and next steps:

1) EU Member States are urged to provide additional staff for the European Asylum

Office and the European Border and Coast Guard (to be placed in the Greek Islands)20

2) Efforts must be made to more efficiently deliver the requirements of the Joint Action

Plan of EU-Turkey Statement.21 (Greece is under pressure as the statement’s

operations are falling short of returning the incoming migrants to Turkey)

Considerations must address not only the operational issues of processing an accruing

backlog of asylum applications within the hotspots, but also the difficulty of providing shelter

17 Bertaud, Natasha. “European Agenda on Migration: Commission Calls on All Parties to Sustain Progress and Make Further Efforts.” European Commission - PRESS RELEASES - Press Release - European Agenda on Migration: Commission Calls on All Parties to Sustain Progress and Make Further Efforts, europa.eu/rapid/press-release_IP-17-1587_en.htm.18 “Seventh Report on the Progress in the Implementation of the EU-Turkey Statement.” 19 Ibid.20 Ibid.21 Ibid.

and resources to the 13,372 migrants currently on the islands compared to the official capacity of

5,576.22 23

Operations in Turkey have also been supplemented by the EU-Turkey statement and are

critical to the future and success of the solution. The deal outlined a €3 billion subsidy for

refugee support projects throughout Turkey for 2016 and 2017 with the option of extending

funding into 2018.24 From this support, a €34 million education project, the Emergency Social

Safety Net (ESSN), is providing targeted cash transfers to families with vulnerable refugee

children to boost school enrollment.25

Challenges and Proposed Solutions for Refugee Children

UNICEF has expressed concern with the deal, citing the following issues. Children are

estimated to make up 40 perfect of the refugee population currently in Greece, with 10 percent of

those children unaccompanied.26 UNICEF anticipates that the EU-Turkey deal will force

refugees to take more dangerous routes including the central Mediterranean into EU states

further west. Due to these dangers, UNICEF has urged that unaccompanied children receive full

assessment of their best interests upon arrival in Greece prior to a decision of their deportation or

resettlement. Furthermore, emergency protocols should be in place for those children staying for 22 Cupolo, Diego. “Refugee Surge on Greek Islands | Europe | DW | 16.09.2017.” DW.COM, www.dw.com/en/refugee-surge-on-greek-islands/a-40523193.23 “Hotspot State of Play.” Ec.europa.eu, 18 Dec. 2017.24 Hahn, Johannes. “The EU Facility for Refugees in Turkey - European Neighbourhood Policy And Enlargement Negotiations - European Commission.” European Neighbourhood Policy And Enlargement Negotiations, ec.europa.eu/neighbourhood-enlargement/news_corner/migration_en.25 Kocijancic, Maja. “EU Facility for Refugees in Turkey: Steady Progress and New Projects for Education and Health Launched.” European Commission - PRESS RELEASES - Press Release - EU Facility for Refugees in Turkey: Steady Progress and New Projects for Education and Health Launched, 31 Mar. 2017, europa.eu/rapid/press-release_IP-17-795_en.htm.26 Crowe, Sarah. “New EU-Turkey Agreement on Refugee and Migrants Could Leave Children at Risk.” UNICEF, 22 Mar. 2016, www.unicef.org/media/media_90729.html

longer periods of time in Greece. These protocols include vaccination (measles, polio, and

pneumococcal), family support services, and education.27

UNICEF has also committed itself to the refugee population in Turkey through an

expansion of the previously mentioned Emergency Social Safety Net (ESSN) program

established in September of 2016.28 UNICEF is adding an additional €34 million to the effort,

which they have designated the Conditional Cash Transfer for Education (CCTE). The joint

effort of CCTE and ESSN is projected to encourage 230,000 resettled children in Turkey to

attend school on a regular basis.29 UNICEF has cited the importance of avoiding a “lost

generation”30 of Syrian migrants who are denied access to education. However, challenges

remain with the 380,000 Syrian refugee children currently settled in Turkey who do not have

access to an education.31

The hallmarks of the EU-Turkey deal have been a significant decline in the loss of life on

routes into Europe such as those through the Aegean into Greece as well as the opportunity for

EU-resettlement for refugees in Turkey. However, significant questions remain regarding the

overcapacity of refugee ‘hotspots’ on the Greek islands, the efficiency of returning these

refugees to Turkey, and the lack of resources including shelter and education for refugees both in

Greece and Turkey.

Topic A: Protection Solutions for Children in Camps

27 Ibid. 28 Hosta, Sema. “EU and UNICEF to Reach Thousands of Refugee Children in Turkey with Conditional Cash Transfer for Education.” UNICEF, 16 Mar. 2017, www.unicef.org/media/media_95183.html.29 Ibid.30 Ibid.31 Frelick, Bill. “Syrian Refugee Kids Still Out of School in Turkey.” Human Rights Watch, 24 Jan. 2017, www.hrw.org/news/2017/01/23/syrian-refugee-kids-still-out-school-turkey.

Background and solutions proposed

In this day and age, children account for more than half of the world's refugee population.

Refugee children encounter various problems and often in seeking safety they also lose safety

and stability that is essential to their long-term development.32 This becomes especially

complicated when children must live in refugee camps while awaiting further relocation.

Dangers in these camps vary depending on gender and age group but they inflict lasting

harm on refugee children. Refugee women and girls often face specific forms of abuse such as

rape, trafficking, abduction, and prostitution in exchange for documents or assistance. Refugee

boys, including adolescents are also approached and forced to recruit by armed forces to fight in

conflicts that are in close proximity to these camps. These issues and others continue to plague

refugee camps and their communities. Further, they have been worsened by the constant influx

of more refugees, which limits resources and aid for an increasing group of people. For children,

extended stays in camps often lead to changes in behavior, as well as an increased tendency

towards criminal activity.33 Other problems that are found in these camps are child labor

violations, early age marriages for women preventing them from continuing education, and high

rates of domestic violence.

The UNHCR has worked to combat problems directly related to children by improving

living conditions and educational facilities; allowing various cultural, creative and recreational

activities; the appointment of social counselors; and organized excursions outside camps.34 These

32 Davies, Susanna, and Carol Batchelor. “Forced Migration Review.” Resettlement as a protection tool for refugee children | Forced Migration Review, www.fmreview.org/resettlement/davies-batchelor.html.33 “A framework for the protection of children.” United Nations Refugee Agency, UNHCR, 2012, www.unhcr.org/50f6cf0b9.pdf.34 “Note on Refugee Children.” UNHCR, UNHCR, 9 July 1987, www.unhcr.org/excom/scip/3ae68ccc18/note-refugee-children.html.

actions, although a step in the right direction, have not left a lasting impact due to the reality that

a refugee camp is currently not a suitable place for a child to grow and develop in.

Given how refugee children make up half of all refugees, more general actions can

perhaps be taken that benefit them. Some examples proposed by the UNHCR that highlight

safety and security are: the empowerment of community leaders to have a role in security;

development of camp rules and safety standards that should be enforced by camp guards;

establish a camp administration that is representative of the groups in the camp; establishment of

effective, objective, and safe channels of dissemination of information; and the establishment of

system that regularly monitors unaccompanied children.35 These measures although more general

do have an effect on children living in these camps, and improve the overall safety of the

children.

According to the UNHCR over 3.5 million school age refugees went without schooling in

the previous year, and it has been one of the largest factors that has contributed to the problems

that refugee children face in camps.

Options to help prevent the forced enlistment of child soldiers have been explored by

some camps in Rwanda. In order to provide help for some children in these camps, vocational

studies sponsored by NGOs were made available to adolescents which provided a continuation

of studies that extended past school and allowed them to continue into a stable career.36

Given how children are prioritized when receiving aid, some refugee camps in Greece

have reportedly wrongfully labeled unaccompanied children as adults and are thus denied

35 Operational Protection in Camps and Settlements. UNHCR, 2006,www.refworld.org/pdfid/44b381994.pdf.36 Prickett, Imogen, and Israel Moya. “Community-Based Child Protection Mechanisms in Refugee Camps in Rwanda: An Ethnographic Study.” CPC Learning Network, Child Protection in Crisis Network, Dec. 2013, www.cpcnetwork.org/resource/community-based-child-protection-mechanisms-in-refugee-camps-in-rwanda-an-ethnographic-study/.

priority care. Such actions violate international law on the special protection of children

refugees. These wrongfully labeled adolescents mostly 16 and 17-year of age were all labeled

above the ages of 18 in order move them from an unaccompanied children’s camp to an adult

camp on the island of Lesbos in Greece. These children are supposed to be identified by

government agencies and placed into special protective care that is separate from that of the rest

of the refugee population. The mislabeling of children also occurs for adults with adults

purposefully attempting to pass as being younger than 18 to receive special assistance.

Denmark’s immigration service said three quarters of asylum seekers claiming to be under 18

tested were found to be adults last year.37

Topic B: Intercountry Adoptions and Natural Disasters

When natural disasters strike, countries are typically in upheaval for months to follow.

Fortunately, organizations have developed guidelines for best practices regarding child care following

emergencies. The number one priority is to protect children from sale, trafficking, and abduction. The

Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption

created a system for international co-operation to keep children safe and secure. Next, it is important to

family trace and attempt to unify the children and their family. Following a natural disaster, children are

often separated from their families. Because of this, it is difficult to determine if children are orphaned.

Therefore, before adoption becomes a viable option, UNICEF, the UN Committee High Commissioner

for Refugees (UNHCR), the UN Refugee Agency, and many NGOs recommend that family tracing

should be the first step; it should be clear that the child’s parents are not alive and that there are no

extended family members that would be willing to take in the child. The UNHCR states two years is the

proper amount of time to family trace before children are deemed orphans.

37 Dearden, Lizzie. “Child refugees being wrongly identified as adults and denied care amid suicide and abuse in Greek camps.” The Independent, Independent Digital News and Media, 19 July 2017, www.independent.co.uk/News/world/europe/child-refugees-greek-camps-adults-abuse-suicide-greece-middle-east-north-africa-lesbos-moria-a7849586.html.

Often, institutions, such as orphanages, take in children following emergency situations like a

natural disaster. However, institutions should be the last resort for children. Community and, if possible,

family based care should be attempted before sending children to residential institutions. Although some

children must be sent for emergency care to residential institutions, their stay there should be temporary

and children should return to community or family care when possible. Natural disasters put a

psychological strain on children, and sending them to institutions could further this burden. It is best for

the child’s mental health and general wellbeing to return to their community setting.

Improper/illegal Adoption

Children are among the most vulnerable groups following natural disasters. As such, illegal

adoption is more likely to occur during chaotic times. Illegal adoption is any adoption that has not gone

through the proper means; illegal adoption includes child buying, coercion of birth parents, and abduction

of children. The issue of intercountry adoption following natural disasters lies in the fact that it is very

lucrative. It can bring in $25,000-$50,000 to the local economy. Because it is lucrative, fraudulent

adoptions increase following emergencies such as natural disasters.

In addition to intercountry adoptions being lucrative, intercountry adoptions are more likely to

occur following an emergency because according to the Special Rapporteur of the Human Rights Council,

“a lack of coordination and clear allocation of roles and responsibilities of multiple international and local

responders in times of natural disasters [has] paved the way for confusion, unnecessary duplication of

efforts and significant protection gaps." The UNHRC recommends that states and agencies establish

“strong child registration systems and regularly share information to prevent family separation and illegal

adoption.’

Nepal

In 2015, Nepal suffered from two major earthquakes that killed more than 8,800 people, left more

than 300,000 children homeless, and affected nearly 2 million children in unimaginable ways. Prior to

these earthquakes, Nepal already had an issue with mal-intentioned orphanages: poor rural families were

tricked into sending their children to orphanages with the promise of an education. Foreigners who have a

“rescue” mentality pay to volunteer at these orphanages and subsequently donate. Essentially, these

orphanages, rather than focusing on the wellbeing of the child, trick families into sending their children to

these institutions which ultimately serves as a means to make money from tourists.

Fortunately, Nepal learned from countries like Haiti and took a strong stance on intercountry

adoption: inter-country adoption was not a viable option and it was suspended. Nepal strengthened their

inter-country adoption laws prior to the earthquakes, and, unlike Haiti, Nepal did not loosen them to

expedite adoptions. Moreover, instead of encouraging foreigners to volunteer, they encouraged donations

to NGOs to prevent further corruption in the orphanage system.

Topic B: Overview of the Process for Intercountry

Adoptions

Intercountry adoption is the process by which one adopts a child from a

country other than his or her own through permanent legal means and then brings

that child to his or her own country for permanent residence.38 Intercountry

adoption serves as a way for children across the world to receive the care, security,

and love that can be provided through having a permanent family.39 The process of

intercountry adoption varies greatly depending on the laws of the countries where

the adoptive parents and the child reside, as well as where the adoption is

finalized.40 If the child’s country is a partner in the Hague Adoption Convention, the

38 “What is Intercountry Adoption,” U.S. Department of State. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/what-is-intercountry-adoption.html.39 “Why Adoption,” U.S. Department of State. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/why-adoption.html.40 “Adoption Process,” U.S. Department of State. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process.html.

Hague processes of both the parent’s country and the child’s country must be

adhered to.41

Eligibility to Adopt

To adopt a child from a foreign-born country and bring him or her to the United

States, one must meet the requirements of:

1. Being a U.S. Citizen

2. Being at least 25 years old if unmarried

3. Jointly adopting the child if married; the spouse must also be a U.S.

Citizen or in legal status in the United States

4. Meeting a criminal background check, fingerprinting, and home study

Aside from federal law, one must also meet the laws of his or her state of

residence.42 Additionally, adoption laws vary by country.43 More information

regarding the intercountry adoption laws by country or state can be found at

travel.state.gov.

The first step of intercountry adoption is an application through the United States

Citizenship and Immigration Services (USCIS).44 The USCIS is responsible for

determining the eligibility of both the prospective adoptive parents as well as the

child to immigrate to the United States.45 This application includes a USCIS form,

41 Ibid.42 “Who Can Adopt,” U.S. Department of State. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/who-can-adopt.html.43 Ibid.44 “Eligibility to Adopt,” U.S. Department of State. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/eligibility-to-adopt.html.45 “Adoption,” U.S. Citizenship and Immigration Services. https://www.uscis.gov/adoption.

home study, application fee, and other supporting documents.46 There are three

types of processes to immigrate an adopted child: Hague, Orphan (Non-Hague), and

Immediate Relative .47 The required documents vary by process.

Hague Process

The Hague Convention on Protection of Children and Co-operation in Respect of

Intercountry Adoption (Hague Adoption Convention) is an international treaty that

standardizes the practice of intercountry adoption.48 The Hague Adoption

Convention became implemented in the United States on April 1, 2008. All cases

following April 1, 2008 aiming to adopt a child that resides in a country outside of

the U.S. that is in partnership with the Convention must follow the Hague process.49

A country that is a party of the Convention must also guarantee that there is a

central authority to safeguard the adoption process. The U.S. central authority is the

Department of State.50 An Adoption Service Provider (ASP) must be authorized to

provide legal advice or legal services in connection with the Hague process to

prospective adoptive parents, and cannot do so before the USCIS.51

Steps of the Hague Process:52

1. Obtain a Hague Accredited Adoption Services Provider46 “Eligibility to Adopt,” U.S. Department of State. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/before-you-adopt/eligibility-to-adopt.html.47 Ibid.48 “Understanding The Hague Convention,” U.S. Department of State. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention.html.49 “Hague Process,” U.S. Citizenship and Immigration Services. https://www.uscis.gov/adoption/immigration-through-adoption/hague-process50 Ibid.51 Ibid.52 Ibid.

2. Obtain a home study from someone authorized to complete one

3. Apply to USCIS

4. If the application is approved, file a petition with the USCIS to have the

child be found eligible to immigrate to the United States

5. Adopt the child, or obtain custody of the child to adopt the child in the

United States

6. Obtain an immigrant visa for the child

7. Bring the child to the U.S. for admission with a visa

The Hague Convention is applicable to the United States and approximately 75

other countries.53

Orphan (Non-Hague) Process

In a Non-Hague process, the child must be identified as an orphan under the

Immigration and Nationality Act (INA) before they can be considered for permanent

residence or citizenship in the United States.54 A child is considered an orphan if he

or she does not have any parents because of death or disappearance of,

abandonment by, or separation of both parents. A child is also considered an

orphan if he or she has a sole parent who is unable to care for him or her, consistent

with the qualifications of the foreign sending country.55

53 “International Adoption Steps,” International Adoption Help. http://www.internationaladoptionhelp.com/international_adoption/international_adoption_steps.htm.54 Ibid.55 “Orphan Process,” U.S. Citizenship and Immigration Services. https://www.uscis.gov/adoption/immigration-through-adoption/orphan-process.

Steps of the Orphan Process 56

1. Optional filing of form I-600A (Application of Advance Processing of

Orphan Petition) with USCIS to determine suitability as an adoptive

parent

2. Adopt or obtain legal custody of child

3. File form I-600 with USCIS (Petition to Classify Orphan as an Immediate

Relative) and other supporting documents to show that child qualifies

as an orphan under the INA

4. USCIS or consular officer in child’s country of residence ensures that

child has been properly classified as an orphan

5. Schedule interview and submit visa application for child

Immediate Relative Process

The Immediate Relative Process is when an adopted individual is considered the

child of his or her adopting parents for immigration purposes.57 It differs from the

Hague and Orphan processes as it is not limited to individuals who have been or are

going to be adopted by U.S. citizens.58 A child qualifies as an adopted child under

this process if the parent legally adopted the child before his or her 16th birthday

and had legal custody of the child for at least two years while the child was a

minor.59

56 “International Adoption Steps,” International Adoption Help. http://www.internationaladoptionhelp.com/international_adoption/international_adoption_steps.htm.57 “Other Adoption Related Immigration,” U.S. Citizenship and Immigration Services. https://www.uscis.gov/adoption/immigration-through-adoption/other-adoption-related-immigration.58 Ibid.59 Ibid.

Background Checks and Home Study

A background check is a required part of the adoption process and may include

fingerprint-based criminal record checks and/or child abuse registry checks.60 A

home study is an assessment of one’s personal, family, and home environment and

is required for eligibility as an adopted parent. 61

60 “Background Checks,” U.S. Citizenship and Immigration Services. https://www.uscis.gov/adoption/background-checks.61 “Home Study Requirements,” U.S. Department of State. https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/home-study-requirements.html.