[Olivejmk]

We filed an I600 and have been somewhat blindsided by USCIS' request for "proof of the fact" that the child has a sole parent.

I somehow missed this in all my research and reading. Can someone give me some insight as to what they could be looking for as proof?

The child was born out-of-wedlock in a non-Hague country. His father's name is not on the birth certificate. He left when the child was a baby and has not provided any support-there has been no contact since he left.

Does anyone have any experience with this?

[sak9645]

The child's birth certificate, with only one parent named, should be adequate.

In addition, you can provide any documentation you got in connection with the adoption of the child, that shows the circumstances of relinquishment.

The reason for the request is that an adoption visa cannot be issued if a child does not meet the definition of an "eligible orphan", as defined in the U.S. Immigration and Nationality Act (INA). Under the so-called "orphan definition", you must prove that the child was, at the time of adoption, not living with two parents, but, rather, in one of the following situations:

1. Living with a single parent, who could not support the child at a level considered normal in the foreign country (note: not the U.S.) Be aware that a single parent living with a partner who is not the biological parent of the child is often considered not to be single, by the USCIS; the partner may be considered a stepparent. A denial on this basis can sometimes be successfully challenged, but don't count on it.

2. Living with neither parent because both parents are deceased. Death certificates are required as proof.

3. Living with neither parent because the child was removed from the family home and parental rights were terminated by action of a court of law -- for example, because of abuse or neglect. Court documents may be required.

4. Living with neither parent because the child was abandoned, with the whereabouts of the parents unknown. In China, the government provides a "certificate of abandonment", acceptable to the USCIS, which attests that the child's parents are unknown. Other countries may have similar documents.

5. Living with neither parent because there was a formal, legal relinquishment of the child to an orphanage or similar setting. This situation is tricky. The USCIS will be on the lookout for situations in which a married couple seeking to have a child travel to the U.S. will temporarily place him/her in an orphanage, but keep in contact with him/her during and after adoption. Unless the child has been in an institution, without family visitation, for at least a year or so, it is unlikely that a visa will be issued.

Sharon