FAQ / What if My Case is in Process in a Convention Country before April 1, 2008?

If Form I-600A or I-600 was filed prior to April 1, 2008, the case may continue to be processed according to current regulations for eligibility as an orphan. If the Form I-600A was filed prior to April 1, 2008, it may be extended once and a subsequent Form I-600 may be filed and processed under existing U.S. orphan regulations.

It is important to note that the law in some Convention countries may require that any adoption in process on April 1, 2008, be started anew under the rules of the Hague Adoption Convention, regardless of the fact that the United States provides for the grandfathering of orphan cases filed prior to April 1, 2008. In such cases, the adoption must be processed under the Hague Adoption Convention procedures and a Form I-800A would be required. Prospective adoptive parents with cases in process should consult with their adoption service provider.