How You Will Be AffectedPetitioners may continue to file Form I-600 petitions in the United States with the USCIS lockbox for processing by the NBC. Once we receive your Form I-600, the NBC will review it to ensure that it is complete and contains all required documentation, including evidence of legal custody (or guardianship) and compliance with the Intercountry Adoption Universal Accreditation Act of 2012. If necessary, the NBC will issue a Request for Evidence or Notice of Intent to Deny, and will issue a Denial notice if you fail to establish that the child qualifies for classification as an orphan.
After the NBC completes its review and processing, you will receive a Notice of Transfer letter from the NBC notifying you that the case has been sent to USCIS Seoul. This letter will explain that after you have taken the necessary steps to adopt the child in ROK, you will need to submit the following to USCIS Seoul to continue processing:
- A legible, certified copy of the Adoption Decree and Certificate of Irrevocable Judgment; and
- Evidence the single parent, or if married at least one parent, saw the child before or during the adoption proceedings or visa processing in order to obtain IR-3 visa classification for the child.
After you return to the United States, your child generally will be mailed a Certificate of Citizenship if he or she is:
- Issued an IR-3 visa,
- Admitted to the United States for permanent residence;
- Residing in the legal and physical custody of the U.S. citizen parent, and
- Otherwise eligible for citizenship. (See the Immigration and Nationality Act (INA) section 320.)