USCIS has announced that until further notice, it will not be able to approve any Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, that is filed on behalf of a child to be adopted from Vietnam.
USCIS has informed that it can only approve a Form I-800 in a Hague Convention adoptee case after the Department of State (DOS) has issued a Certification of Compliance under the Hague Adoption Convention and the Intercountry Adoption Act of 2000. However, DOS has determined that Vietnam has not proven capable of meeting its obligations under “The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention)”, and asa result, DOS consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration, and at this time, DOS cannot issue certificates in Vietnamese adoption cases.
Because U.S. prospective adoptive parents cannot complete the immigration process for an adopted child from Vietnam, USCIS has urged parents to not file any Form I-800 on behalf of a child to be adopted from Vietnam, and not to file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, identifying Vietnam as the country from which they seek to adopt.
USCIS has also announced that it will advise the public when DOS determines Vietnam can meet its obligations to the Hague Adoption Convention, which will allow USCIS to process Forms I-800 for adoptions from Vietnam.