Sunday, March 6, 2011

Time flies!

Perhaps the delays in posts were because I was overwhelmingly busy....or, it could be because the wait of an international adoption is painful to be reminded of. I'll go with a little of both.

The last time we wrote, we had just accepted a referral for baby Bhargav and started to work with Immigration. That actually went fairly quick, but the wait was for NOC (No Objection Clearance). This is a major step in an Indian adoption. NOC is approved by CARA (India's government adoption agency). They review every piece of paperwork and will grant a "no objection" to the family pursuing the adoption. Once they give the approval, you advance to the Indian courts. This step can be excruciatingly painful for man families because it goes fast for some and not so fast for others. In fact, we experienced families that started their paperwork after us were receiving NOC. About the time we were waiting, India made a big change in the rules.

Basically, until a family is granted NOC, an Indian family can come to an orphanage and adopt the child you were referred. This is why NOC is a big deal! India has no implemented a rule where three Indian families must deny the child before NOC can be granted. There is no telling how long of a wait this can cause. We were truly, truly blessed to literally have just missed this new rule.

While you wait for NOC, and hear about other families passing by with approval, you are not allowed to call India to see what is holding up the process. Well....you could, but it is highly frowned upon by our agency. All the while, family and friends are asking and all you can say is that you have no news.

Our notice came in November. I woke up and engaged in a very bad habit, which is to check my email before I get out of bed. On this morning, I was glad I did because we received a wonderful message stating we had passed NOC. The next step was court to grant verbal guardianship. A new waiting game.

I checked the Indian court website and kept seeing new court dates. But, we don't ever know why or what. So, we wait and wait and wait. The new year comes...and we wait. That is, until last Monday!

I received an email last Monday evening stating we passed court!!!!!!!!!!!!!!!!!! (I would put more exclamation marks here, but I think you get the point). The email closed with: "I will be sending you some emails with travel preparation information. You can look it over and start preparing for your trip to India to bring your gorgeous son home. :)"

Those are the best words in the world!!

So, now the checklists have started and the overwhelming feeling of preparation begins. Can't wait to share our progress along the way.

Our process:

1) Get an approved home study done by an accredited home study agency.

2) File the I-800A with USCIS (United States Citizenship & Immigration Services): You will need to include certified copies of your birth, marriage (if applicable) and divorce (if applicable) certificates, an original copy of your home study, a copy of the home study agency's license, the filing fee of $670 and fingerprint fee of $80 per person (anyone living in the home over the age of 18 years must be fingerprinted).


3) USCIS will contact the family with a date and time to come for their fingerprints: After you get your fingerprints taken, USCIS will process your I-800A petition.

4) USCIS will send the family an I-797C, Notice of Action "Case Type: I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country": This letter will state "Notice Type: APPROVAL NOTICE", your name, address, fingerprint expiration date and "Approval Valid Until" date.

Your I-800A approval and fingerprints are good for 15 months from the "Notice Date" listed on the I-797C.

5) Official acceptance of a referral/child

6) Family files the I-800 with USCIS

7) USCIS will send the family an I-797C, Notice of Action "Case Type: I-800, Petition to Classify Convention Adoptee as an Immediate Relative": This letter will state "Notice Type: NOTICE OF PROVISIONAL APPROVAL".

8) USCIS will notify the U.S. Embassy in India of the family's provisional I-800 approval

9) The U.S. Embassy will contact the family requesting the DS-230 form to be submitted: The DS-230 is the visa application for your child. The Embassy will send you the forms to fill out and information on the photo requirement for this step.

10) The U.S. Embassy will process the case and issue an Article 5 letter: The Embassy will notify you and CARA as soon as the Article 5 letter is issued.

11) CARA processes the case and grants NOC (No Objection Certificate): NOC states that CARA (Central Adoption Resource Authority) has "No Objection" to the placement of the child with the adoptive parents.

12) The case is filed with the local court: Cases will be filed with the court within 15 days of NOC.

13) Court grants guardianship

14) Agency receives a copy of the court documents (WE ARE HERE)

15) Agency files for ICPC approval on behalf of the family: ICPC stands for Interstate Compact on the Placement of Children and is necessary for all Indian adoptions due to the granting of "guardianship" instead of "adoption". This approval gives the family permission to bring the child across state lines for the purpose of adopting.

16) Texas ICPC office notifies Agency's Texas office of family's ICPC approval

17) Agency will notify the family of ICPC approval

18) Agency will contact our staff in India regarding possible travel dates for the family: Travel dates must be confirmed with our India staff before the family makes any definite plans.

19) Family travels to India to bring their child home!

No comments:

Post a Comment