[apransavage]

Hello all, I am new here and am trying to get the word out on a terrible ordeal my family is going through right now with our adoption. My wife has been stuck in China with our daughter who was officially adopted by our family on Nov.6 according to the Chinese gov't... While they were gone our I-600a was denied (we had already been approved but had to reapply with new fingerprints)... The reason for the denial was becuase I was arrested for misdemeanor DUI last year... I completed everything the court asked, we got a judge to revoke my unsupervised probation, I had a positive psychological testing and evaulation and our adoption agency continues to approve us but they have denied our case... We are appealing and trying to get a miracle to bring them both home ASAP... We're desparate and devastated, our family of 4 will be separated for not just Thanksgiving but now Christmas too... Please HELP!


Thanks,
Andrew

[KarenInCa]

Hi Andrew.
I hope your wife and daughter get home soon.
I'm not sure what any of us here can do to help you. Your site advises everyone to no longer call senators or congressmen.

[apransavage]

Yes, we're trying to figure out who we can direct emails/calls/letters to at this point. Our Sen. + Rep. are working with us but we may need the help of someone in the State Department... I will try and post more info as soon as I have it... thanks...!
Andrew

[sc0628]

OMGosh!! That is horrible. If I am understanding you right, you took care of this up front with the agency you are with? I don't understand why this would be an issue if the agency approved you. My husband back in 2003 was arrested for a warrant he had out on a traffic violation. We had moved and the info was sent to the old address. It was horrible that he had to go to jail for a few hours. I am hoping this will not be something we will run into when we start the adoption process.
I will be saying a prayer for you and your family.
God bless,
sc

[apransavage]

here is our website:

CaringBridge. Free Websites That Support And Connect Loved Ones During Critical Illness.

[apransavage]

yes... we disclosed everything and I completed all the requirements of the court... I even got the judge to revoke my probation, had a pyschological evaulation, chemical assessment done, and our agency has continued to approve us.... but they still denied us... and my wife and daughter are still in China...

[amyfk]

Wow, so sorry to hear of your predicament Andrew. I have never read of this in the past few years of being on this board.
Can you contact the US Embassy in China? I would have thought that your agency would grandfather you in if you were already approved by the CCAA. My thoughts go out to you and your family this holiday season.
Amy K, NJ

[apransavage]

If anyone is interested in helping our case and bring my our family together, you can email this person:

Prakash Khatri
cisombudsman@dhs.gov

[mom3boys]

I have to wonder if CIS in general is getting more strict. We recently applied for an extension of our I600A and have been asked for an addendum to our homestudy. We didn't have any questions the first time. I wonder what has changed!

[Katia555]

something must have changed... my husband was arrested four times for misdemeanors, not DUI but for protesting animal cruelty. He, too, spent some time in jail. We had to jump through a lot of hoops but were approved. My thoughts are with you, Andrew. Please let us know how to help.

[apransavage]

You can go to our website for more info/news:

CaringBridge. Free Websites That Support And Connect Loved Ones During Critical Illness.

If you're interested you can email the CIS ombudsman listed on our site or even write a letter to our Sen. + Reps.

We knew the DUI would be a problem, but we disclosed everything and our agency continues to support and approve us. I had a pyschological evaulation, chemical assessment, the judge removed me from probation... but we've still been denied... we're praying our appeal will be approved...

[sak9645]

I am sorry that your family is having such a terrible holiday season.

May I suggest that you retain a reputable immigration attorney, if you have not already done so. He/she will be able to take you through the appeals process and assess the effectiveness of other courses of action.

Unfortunately, the USCIS has always been extremely strict about alcohol and drug issues. Recent DUIs are almost always an issue for the USCIS. The USCIS does not always agree with homestudy workers' perceptions that a person does not have an ongoing substance abuse problem.

I am surprised that your agency let you travel and complete an adoption before you got your 171-H/797-C, given your DUI.

And even if the agency, itself, wouldn't stop you, the risk of a denial should have been explained, so that you could have made an informed decision about whether to wait for USCIS approval or to travel and risk being stuck in China while appeals are conducted.

Sharon

[twoinblue]

GADS! What a mess!

So is China okay to proceed if the USCIS approves?

[sak9645]

It sounds as if the adoption is already final, on the Chinese end of things. So the sole hangup is the U.S. Consulate, where a visa won't be granted to the child without proof of USCIS approval.

Sharon

[apransavage]

that's right, the adoption in finalized in China... we are jsut trying to convince the USCIS that I am a good parent/father.... and we do have a good attorney, she has dealt with these kinds of issues... are argument is that CIS is not referring to the evidence/opinion from the pyschologist.... they can make their decision, but they can't by law simply refute/ignore expert opinions... Andrew