Showing posts with label Russia. Show all posts
Showing posts with label Russia. Show all posts

Wednesday, August 10, 2011

USCIS Announces End of Parole Program in Moscow – Part II: FAQs

Q. Why has USCIS stopped authorizing parole to this group of individuals?
A. Parole allows a person to enter the United States but does not provide a path to permanent immigration status. Because the provision in the Lautenberg Amendment that allows adjustment of status to lawful permanent resident status for denied refugee applicants who are paroled will expire September 30, 2011, USCIS will not continue to offer parole to persons who are not eligible to adjust their status.

Q. What happens to someone who is denied refugee status and is not authorized parole?
A. If you are denied refugee status and not offered parole, you may submit a Request for Review of your denied refugee case. You may submit only one request. A person wishing to immigrate to the United States may have other immigration options.

Q. What if I have been authorized parole as a Lautenberg category member, but I have not traveled to the U.S.?
A. Individuals authorized parole cannot travel to the United States until they have submitted the required affidavits of support and medical clearances, and USCIS has received the results of all security background checks. If you were authorized parole prior to the end of this program, but have not yet traveled to the United States, you will receive a notice of what steps you still need to complete before you can travel, including any security checks. If you have been authorized parole by USCIS you must complete this process, make travel arrangements and enter the United States no later than September 30, 2011. Your parole into the United States will not be authorized after that date.

Q. What happens if I have been authorized parole, but I cannot get to the United States by September 30, 2011?
A. Your parole into the United States will not be authorized beyond September 30, 2011, because you will not be eligible for adjustment of status if you enter the United States after that date.

Q. What if all my family members are not ready to travel by September 30, 2011? Can I enter the United States and return for my family later?
A. Each individual, whether part of a family or not, who has been authorized parole must enter the United States by September 30, 2011.

Q. What if there has been a change to my family circumstance since the interview, such as a new baby or my child has turned 21 years of age?
A. If there has been a change to your family circumstance since the time of your USCIS interview, please contact the International Organization for Migration (IOM) immediately to determine if this affects your authorization for parole.

Q. What happens if I don’t have valid, updated security checks?
A. USCIS is making every effort to expedite any pending security checks. However, if security checks cannot be completed in time for you to travel to the United States prior to September 30, 2011, the parole will not be authorized.

Q. What will happen if I do not submit the Affidavit of Support or medical clearance in time to travel to the United States before September 30, 2011?
A. You will not be eligible for parole if you have not successfully completed all requirements, including the Affidavit of Support and medical clearances.

Q. I was authorized parole earlier this year but did not submit a Request for Review (RFR) because I intended to travel to the United States with parole authorization. However, I am not able to travel to the United States by September 30, 2011. May I file a Request for Review even though it is past the 90-day window for filing?
A. Yes, you have 90 days from the date of this notice to submit a Request for Review of your denied refugee case.

Q. Who should I contact if I have questions or problems concerning my case or the process I need to complete to travel?
A. You may contact the International Organization for Migration, located at 2-aya Zvenigorodskaya ul., Dom 12, Moscow, Russia 123100, MoscowUSRAP@iom.int, Tel.: +7 (495) 797-8721, Fax: +7 (495) 253-3522. You may also inquire at USCIS in person from 1 to 4 p.m. weekdays, excluding holidays. We are located in the U.S. Embassy at Bolshoi Devyatinsky, Pereluk 8, 121099, Moscow, Russia. You may also reach us by email at Moscow.dhs@dhs.gov.

Q. What are the steps I need to follow to be able to travel to the United States?
A. If you have been authorized parole, you must have your security checks cleared and completed through USCIS. You also must submit to USCIS an Affidavit of Support from a qualified sponsor in the United States. Once we receive and verify your Affidavit of Support, you must complete a medical examination and submit the results from that exam. Once all security checks have cleared through USCIS and the Affidavit of Support and medical examination are properly completed, you may purchase your tickets with an arrival date in the United States no later than September 30, 2011. Please contact the International Organization for Migration for details on each of these required steps.

Q. What if I am having trouble obtaining the Affidavit of Support from a sponsor in the United States?
A. USCIS strongly suggests you obtain your Affidavit of Support on or before August 31, 2011. If you do not obtain the Affidavit of Support by that date, USCIS cannot ensure you will have enough time to complete the other required steps to allow you to travel and enter the United States by September 30, 2011.

Wednesday, August 3, 2011

USCIS Announces End of Parole Program in Moscow: Part I

On July 12, 2011, U. S. Citizenship and Immigration Services (USCIS) announced it will no longer offer parole to Lautenberg category members who are denied refugee status in Moscow. Individuals who have been offered parole by USCIS in Moscow must make plans to arrive in the United States by Sept. 30, 2011.

A provision of the Lautenberg Amendment to the Foreign Operations Appropriations Act allows certain individuals who are paroled into the United States after being denied refugee status to adjust to lawful permanent resident status after being physically present in the United States for one year. Within the Moscow program, this provision is limited to only those refugee applicants from countries that made up the former Soviet Union who meet the Lautenberg criteria.
Congress has not extended this Lautenberg Amendment provision, which expires after Sept. 30, 2011.

Tuesday, August 2, 2011

U.S. and Russia Work Together to Improve Process of Adopting Russian Children CONTINUED: FAQs

Q. What does the Agreement mean for the U.S. adoption program in Russia?
A. This Agreement strengthens the protections in place for the children and families involved while preserving a robust adoption program between the two countries. It creates a framework for a system in which the family will receive more complete information on the child earlier in the process so that the prospective adoptive parents can receive targeted preparation and training before the adoption. The Agreement also improves post-placement follow-up to ensure that the adopted child and family receive the support they need so that they all can thrive.

Q. Now that the Agreement has been signed, will there be any interruption in the processing of cases for U.S. families adopting from Russia?
A. We do not anticipate any interruption in the processing of adoptions from Russia as we move to implement this Agreement or once it has been fully implemented.

Q: When will the Agreement enter into force?
A. The Agreement will enter into force upon the exchange of notes from the U.S. and Russian governments. The exchange of notes will take place only after both sides have completed internal procedures necessary for entry into force, which for Russia means approval by its Duma and establishment of other internal procedures for implementing the Agreement.
The U.S. Department of State and the U.S. Citizenship and Immigration Services (USCIS) will provide on their websites procedures and clear guidance related to the Agreement prior to its entry into force. Please monitor www.adoption.state.gov and www.uscis.gov/adoption for more information.

Q. Can families continue to file Form I-600A, Application for Advance Processing of Orphan Petition, and Form I-600, Petition to Classify Orphan as an Immediate Relative, now that the Agreement has been signed?

A. Yes. Pending entry into force of the Agreement prospective adoptive parents may continue to file Forms I-600A and Forms I-600 with USCIS under existing procedures, in accordance with the form instructions. USCIS will inform the public of the date that the Agreement will enter into force and what additional or different steps may become necessary at that time.

Q. If a family began adoption proceedings before the Agreement enters in to force, will they have to restart proceedings upon Agreement execution?

A. The Agreement specifically allows cases which have had their dossier already submitted to the Russian authorities to continue under the pre-Agreement system. Prospective adoptive parents who have not submitted dossiers upon Agreement execution may need to change adoption service providers, as not all providers will remain authorized. However, families will not be required to file a new Form I-600A if their Form I-600A was filed or approved while working with the previous adoption service provider and remains valid.

Q. If a family is working with an adoption agency that does not receive authorization to continue working in Russia after the Agreement enters into force, will they be able to complete their case?
A. Yes, but the family may have to transfer the case to a new adoption service provider that is authorized to work in Russia. If a case is covered by the transition provision, it may be completed under the pre-Agreement procedures.

Q. How will we know which cases may proceed under the pre-Agreement procedures and which cases must follow the new procedures?
A. Once the Agreement enters into force, USCIS will coordinate with the Department of State (DOS) and the Russian authorities to identify all cases that can be processed under the pre-Agreement procedures and we will provide additional guidance at that time.

Q. When will guidelines and instructions about the new procedures be available?
A. We anticipate that the United States and Russia will need additional time to discuss implementation procedures for the Agreement once the Russian Duma has ratified it. After ratification and completion of implementation discussions, USCIS and DOS will publish specific guidance.

Q. We understand that under the Agreement, the Russian Government may institute a “pre-approval” requirement for U.S. families adopting from Russia. Would this procedure lengthen the processing time?

A. Although we do not anticipate that a pre-approval step will lengthen the process significantly for most cases, there are two instances in which delays could occur: 1) If there is a delay in the receipt of the detailed medical and psycho-social history of the child from the Russian authorities, or 2) If USCIS finds, during the pre-approval review, that the family does not appear to be prepared and/or has not been evaluated by the home study preparer as capable of meeting the needs of the specific child they intend to adopt.

Q. Why is a pre-approval process helpful?

A. Under the current system, USCIS cannot review information about the child being adopted until after the parents have completed adoption proceedings in Russia and become legally responsible for the child. Many times prospective adoptive parents only receive full medical and psycho-social information about the child immediately before the court proceedings to complete the adoption. Parents then have a very brief time to decide whether to complete the adoption or obtain an amended home study and Form I-600A approval, if necessary. Pre-approval will allow USCIS to make a preliminary determination on a child’s orphan status and to flag any concerns before the adoption takes place.

Q. Would pre-approval guarantee that the Form I-600 will be approved once the adoption is finalized in Russia?
A. Pre-approval cannot be taken as a guarantee of final approval, because it is always possible that new, additional information will come to light that ultimately prevents the approval of the Form I-600 petition. However, in other countries where pre-approval systems have been in place, experience shows that pre-approval allows for problems to be addressed earlier in the adoption process creating a more streamlined process for the family.

Q. The Agreement will require to adoption agencies to report when an adopted child received U.S. citizenship. How will the adoption agency know that the child has received U.S. citizenship?

A. The Agreement is crafted to cover only adoptions of children who will ultimately be granted IR-3 immigrant visas. When a child with an IR-3 immigrant visa lawfully enters the United States with his or her adoptive parents with the intent to reside permanently in the territory of the United States, that child, by operation of law, acquires U.S. citizenship upon entry.

Monday, August 1, 2011

U.S. and Russia Work Together to Improve Process of Adopting Russian Children

On July 13, 2011, the Department of Homeland Security and the Department of State announced that Secretary of State Hilary Clinton and Russian Foreign Minister Sergey Lavrov signed a bilateral adoptions agreement that will strengthen procedural safeguards in adoptions between our countries.

This Agreement will provide additional safeguards to better protect the welfare and interests of children and all parties involved in intercountry adoptions. Under the Agreement, only adoption agencies authorized by the Russian Government will be able to operate in Russia and provide services in adoptions covered by the Agreement, except in the case of an adoption of a child by his or her relatives. This will largely eliminate independent adoptions from Russia and create a better defined framework for intercountry adoptions between the United States and Russia. The Agreement also includes provisions designed to improve post-adoption reporting and monitoring and to ensure that prospective adoptive parents receive more complete information about adoptive children’s social and medical histories and anticipated needs.

The United States is committed to working with the Russian Federation on implementing the provisions laid forth in this Agreement as soon as it enters into force.