NVC Processing for Orphan Cases

1. What is the process for processing an orphan case?


The process for processing an orphan case typically involves the following steps:

1. Identification of the orphan: The first step is to identify the orphan, which involves locating their birth certificate or other legal documents that can confirm their identity.

2. Establishing a guardianship: Once the orphan’s identity has been established, the next step is to establish a legal guardianship so that a caregiver will have the legal authority to make decisions for the orphan.

3. Finding a home: If the orphan has not yet been placed into a home, then it is important to locate a suitable place for them to live. This may involve working with foster families, government programs, or other organizations who can provide a safe and supportive home for the orphan.

4. Providing necessary support: It is important to make sure that the orphan has access to all of the necessary support they need in order to thrive. This may include access to healthcare, education, and other social services that can help ensure they have all of their basic needs met.

5. Reuniting with family members: If possible, it is important to reunite the orphan with any family members that may be able to provide them with additional support and stability.

6. Ensuring legal rights: The final step is to ensure that all of the orphan’s legal rights are protected so that they can live a life free from discrimination and exploitation.

2. How long does it typically take to process an orphan case?


The timeline for processing an orphan case varies depending on the specific country/region of origin and the US Citizenship and Immigration Services (USCIS) office that is handling the case. Generally, the processing time can range from several months to more than a year.

3. What are the requirements for filing an orphan case?


In order to file an orphan case, the person filing must provide evidence of their legal guardianship, proof of the minor’s identity (such as a birth certificate or other official documentation), the minor’s Social Security number, and a written statement detailing the reason for the guardianship. Additionally, if the minor is not a U.S. citizen, evidence of immigration status and any potential legal issues related to the minor’s immigration status must be provided.

4. How do I file an orphan case with the National Visa Center (NVC)?


You must contact the National Visa Center (NVC) directly to file an orphan case with them. The NVC will provide you with the necessary forms and instructions for completing the case. Once your paperwork is complete, you will need to submit it to the NVC for processing.

5. Are there any fees associated with filing an orphan case?


Yes, there are fees associated with filing an orphan case. These fees vary depending on the jurisdiction and the type of application being filed. Generally, filing fees and other administrative costs may range from around $50 to several hundred dollars. Additionally, some courts may require a fee for services such as the appointment of a guardian ad litem.

6. What documents are required to prove relationship between the petitioner and applicant in an orphan case?


The documents that are typically required to prove the relationship between a petitioner and applicant in an orphan case are:
– Birth certificate of the applicant
– Death certificate of the parent or parents of the applicant
– Adoption decree or other evidence of guardianship
– DNA test results
– Affidavits from people who have knowledge of the relationship between the petitioner and applicant
– Other documentation that may be requested by the U.S. Citizenship and Immigration Services (USCIS)

7. Can I expedite the processing of my orphan case?


Unfortunately, the processing time for orphan cases cannot be expedited, as the process can take up to two years to complete. However, if you have any questions or concerns, you can contact your local consulate or adoption agency for more information.

8. Are there any special considerations given to orphans in the adoption process?


Yes, in many countries, special consideration is given to orphans in the adoption process. In some cases, this may include shorter timelines or exemptions from certain regulations. Additionally, some countries have special programs specifically for orphans, such as the U.S. Orphan Program, in which eligible orphans are granted automatic immigrant status and priority for family-based immigration.

9. What is the role of the U.S. Embassy in processing an orphan case?


The U.S. Embassy has several roles in processing orphan cases. First and foremost, the Embassy reviews the prospective adoptive parents’ dossier to ensure that it meets all of the legal requirements for adoption in the country of origin. The Embassy also interviews the prospective adoptive parents to ascertain their suitability as adoptive parents and to confirm that all of the documents submitted are authentic. The Embassy will verify that all of the legal requirements set forth by both the U.S. government and the foreign government have been met and will issue a visa for the child to enter the United States. Finally, the Embassy may provide assistance to the prospective parents throughout their adoption process.

10. Are there any special forms or paperwork required for orphan cases?


The requirements for orphan cases will vary according to the country and jurisdiction in which they take place. In the United States, potential adoptive parents must complete an adoption petition and provide the necessary documentation to prove their fitness to adopt. Additionally, the court may require additional paperwork, such as birth certificates, medical records, and home studies.

11. Is there a minimum age requirement for orphans to be eligible for immigration?


No, there is no minimum age requirement for orphans to be eligible for immigration. The United States Citizenship and Immigration Services (USCIS) considers children of any age to be orphans if they have been abandoned or their sole surviving parent is deceased, provided that the child meets the definition of an orphan under USCIS regulations.

12. Is there a maximum age requirement for orphans to be eligible for immigration?


Yes. Generally, individuals must be under age 18 to be considered an orphan for immigration purposes. However, certain exceptions can apply.

13. Are there any special guidelines for determining if a child qualifies as an orphan under immigration law?


Yes, there are special guidelines for determining if a child qualifies as an orphan under immigration law. The U.S. Department of Homeland Security has established specific requirements for a child to qualify as an orphan for immigration purposes, which include that the child must be: (1) unmarried and under the age of 16; (2) have been adopted or will be adopted by a U.S. citizen or lawful permanent resident; (3) have a living parent who cannot provide for the child’s care; and (4) meet all other applicable criteria.

14. How do I know what forms and documents need to be submitted with my orphan case?


The forms and documents that must be submitted with an orphan case vary based on the country of origin and the type of adoption. Generally speaking, your adoption professional or adoption agency will provide you with a list of required forms and documents. Additionally, the U.S. Department of State’s website has a list of documents required for an orphan petition, which can be found here: https://travel.state.gov/content/adoptionsabroad/en/country-information/documents.html

15. What is the process for submitting documentary evidence to support an orphan case?


The process for submitting documentary evidence to support an orphan case is generally the same as that for any other immigration application. Applicants must provide documents that prove the orphan’s identity, relationship to the petitioner, parental abandonment or death, and anything else that is required by the particular immigration agency. Depending on the type of application, this might include birth certificates, adoption papers, court documents, medical records, or other forms of proof. All documents should be translated into English and certified where applicable.

16. Are there any special rules for documenting birth certificates in orphan cases?


Yes, in orphan cases, the birth certificates of the children must be documented in a special way. These documents must include the place, date, and time of birth, parentage and the names and signatures of any witnesses present at the time of birth. All documents must be authenticated by a notary public. Additionally, if the birth took place outside of the United States, the documents must be authenticated by an embassy or consulate in the country where the birth took place.

17. How does the National Visa Center (NVC) verify information on birth certificates submitted with an orphan case?


The National Visa Center (NVC) verifies information on birth certificates submitted with an orphan case by contacting the issuing civil registration authority directly. This is typically done via a letter of request, which is sent to the relevant authority in the child’s country of origin. The NVC will also review the birth certificate for any possible discrepancies or inconsistencies.

18. Is there a timeline for how long a petitioner has to complete their adoption of an orphan before their application can be denied?


The timeline for completing an adoption of an orphan varies from state to state, and can depend on the type of adoption being sought. Generally, a petition to adopt an orphan must be finalized within a year. Each state has its own rules and regulations regarding the time limit for completing the adoption process.

19. Is it possible to obtain a visa waiver for orphans or do they have to go through the full petitioning process?


It is not possible to obtain a visa waiver for orphans. Orphans must go through the full petitioning process, which includes filing Form I-600A, Application for Advance Processing of Orphan Petition, or Form I-600, Petition to Classify Orphan as an Immediate Relative.

20. Is it possible to transfer an existing visa application from one parent to another parent in an orphan case?


Yes, it is possible to transfer an existing visa application from one parent to another parent in an orphan case. The new parent would have to provide documentation of the adoption or guardianship to demonstrate their legal relationship to the child.