The Hague Adoption Convention entered into force for the United States on April 1, 2008. The Convention governs all adoptions between the United States and other countries party to the Convention. If a prospective adoptive parent began his/her adoption from a Convention country before April 1, 2008, but the adoption has not been completed, the case may be considered to be a transition case.
FAQ: Transition Cases and the Hague Adoption Convention
- If a prospective adoptive parent filed Form I-600A (Application for Advance Processing of an Orphan Petition) or Form I-600 (Petition to Classify an Orphan as an Immediate Relative (Form I-600) before April 1, 2008, then Convention procedures may not apply to the adoption, as long as the I-600A remains valid at the time the I-600 is filed.
- Once approved, the I-600A application may be extended, which lengthens the time that a transition case may take to be completed. USCIS enables prospective adoptive parents with transition cases to receive up to two extensions of their I-600A. When a family requests an extension of their approval to adopt, they need to meet certain update requirements, including providing any new or changed information affecting the home study and fingerprints for an updated criminal background check.
- Transition cases will continue to be processed in accordance with the immigration regulations for non-Convention adoptions which were in effect at the time the case was filed. Non-Convention procedures differ from the new Convention adoption procedures.
- If a prospective adoptive parent wants to change a transition case to a Convention case, the entire application and petition process must be started anew. Convention cases have different processing requirements, and an I-600A or I-600 cannot be converted into the I-800A and I-800 form(s) that are required for a Convention case.
- Each Convention country has different requirements for transition cases. If you have questions about whether your adoption qualifies as a transition case, please contact our office