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NOTE: Preparation and Training. 22 CFR Part 96.48

A formal decision concerning whether the child whom you

directs the adoption service provider to give you and your

seek to adopt is medically inadmissible under section

spouse (if married) at least 10 hours of preparation and

212(a)(1) of the Act will only be made after a designated

training designed to promote a successful intercountry

panel physician (for visa cases) or civil surgeon (for

adoption before you travel to adopt the child or before the

adjustment of status cases) has completed the required

child is placed with you for adoption. The adoption

medical examination of the child. If the medical

service provider may also exempt you and your spouse (if

information that is already available to you indicates that

married) if you have received adequate prior training or

the child whom you intend to adopt may be inadmissible

have sufficient prior experience as parent(s) of children

under section 212(a)(1) of the Act, you should file Form

adopted from abroad.

I-601 with Form I-800. If you do not file Form I-601 with

Form I-800, you can still file Form I-601 later, if it is

4. If the child will be adopted in the United States, a written

determined that your child is inadmissible.

report signed under penalty of perjury under U.S. law, by

the primary adoption service provider (or an authorized

Translations.

Any document containing a foreign language

representative of the primary adoption service provider)

submitted to USCIS shall be accompanied by a full English

detailing the primary adoption service provider's plan for

language translation which the translator has certified as

post-placement duties (as specified in 22 CFR Part 96.50).

complete and accurate, and by the translator's certification that

5. Evidence of compliance with preadoption requirements, if

he or she is competent to translate from the foreign language

any.

into English.

If the State of the child's proposed residence has any

Copies.

Unless specifically required that an original

preadoption requirements, these requirements must be

document be filed with an application or petition, an ordinary

complied with before the child can become eligible for

legible photocopy may be submitted. Original documents

classification as a Convention adoptee who is coming to be

submitted when not required will remain a part of the record,

adopted in the United States. A qualified Convention

even if the submission was not required.

adoptee is deemed to be coming to be adopted in the

United States if either of the following factors exists:

Affidavits.

If a required document cannot be obtained, you

A. The applicant/petitioner will not complete the child's

must submit an original written statement from the

adoption abroad; or

governmental agency that should have the record, verifying

that the record does not exist. Only then may you submit

B. In the case of a married applicant/petitioner, the child

written affidavits sworn to or affirmed by two persons who

was adopted abroad only by one of the spouses, rather

were living at the time and who have personal knowledge of

than by the spouses jointly, so that it will be necessary

the event and circumstances you are trying to prove. Each

for the other spouse to adopt the child after the child's

affidavit must contain the affiant's full name, address, date and

admission.

place of birth, and signature. The affidavit must provide full

6. Either a completed and signed Form I-864, Affidavit of

information concerning the event and complete details of how

Support, or a completed and signed Form I-864W,

the affiant acquired the information.

Intending Immigrant's Form I-864 Exemption.

NOTE: Affidavits may not be submitted in place of the

7. When required, Form I-601, Application for Waiver of

Article 16 report, described in Step 2, Number 2 of these

Grounds of Inadmissibility.

instructions. Only the Article 16 report itself may be

submitted to show that the Convention requirements have

Section 212(a) of the INA may make a Convention child

been met.

inadmissible to the United States based on information

disclosed in the child's medical and social history.

The most common ground of inadmissibility relating to a

Where To File?

child is a medical ground. Specific information about

medical inadmissibility can be found in section 212(a)(1)

of the INA and in regulations adopted by the U.S.

You must always file your Form I-800 with USCIS Dallas

Department of Health and Human Services and published

Lockbox facility. It will then be routed to, and adjudicated at,

in 42 CFR Part 34.

the National Benefits Center.

Form I-800 Instructions 03/10/17 N Page 6

Instructions For Form I-800 - Petition To Classify Convention Adoptee As An Immediate Relative - Department Of Homeland Security Page 6

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