April 17, 2008
Refer to file No.: HAN2007579002
DETERMINATION OF ORPHAN STATUS
On March 04, 2008, you filed a Petition to Classify Orphan as an Immediate Relative, Form I-600.
Having reviewed the petition and documents submitted, I am pleased to inform you that United States Citizenship and Immigration Services (USCIS) has determined that the child identified, Hoang Van Tran does qualify as an orphan, as defined by section 101(b)(1)(F) of the Immigration and Nationality Act, as amended. PLEASE NOTE: This is a preliminary determination that the beneficiary qualifies as an orphan, and is not a final adjudication of your Form I-600 petition. USCIS will make a final decision on your petition only after you have obtained and submitted the additional evidence described below. It is possible that other issues may arise that would require USCIS to deny your Form I-600.
In order for USCIS to complete the processing of your Form I-600, please complete the arrangements for the adoption and then submit the evidence described below to the United States Embassy, Hanoi.
If you (and your spouse, if married) will complete the adoption abroad, and you (and your spouse, if married), will have seen the beneficiary during or before the adoption proceeding, you must submit:
The adoption decree and proof of the completion of the giving and receiving ceremony; and
Evidence that you (and your spouse, if married) saw the child before or during the adoption proceeding in Vietnam.
If you (and your spouse, if married) will adopt the child in the United States, you must submit:
Proof that you, or someone acting on your behalf, have obtained custody of the child, with authority to bring the child from Vietnam to the United States for adoption;
Proof that the individual or entity who had custody of the child immediately before you obtained custody has consented to the child’s emigration and adoption; and
Proof that you have complied with any pre-adoption requirements that you may need to meet in the State in which you will complete the adoption.
USCIS will make a final decision on your Form I-600 as soon as possible after you submit this additional evidence.
Mary Ann Russell
Officer in charge