Ethica Update

May 28, 2008
Notes from ASP Meeting at US Embassy Hanoi

The following informal notes were taken by Ethica’s representative at the quarterly ASP meeting. These notes are as accurate as we can provide within this type of forum (i.e. without written statements and with conversations vacillating from topic to topic).

I-600 processing: There have been more I-600s processed in 2008 than in 2007, representing a 10-15% increase. Since the Orphans First program started, the average processing time has been coming down and is now at 46 days. In January, with Christmas and the New Year (both Western and Tet) holidays, there were some rough spots and delays. In January, there were also a large number of petitions filed (112) which contributed to the slow down. Both the embassy and CIS offices have taken steps to increase staffing. On cases that went over the 60 days, there was usually some sort of issue that needed to be looked into.

Provincial Investigations: Most provinces have successfully cooperated with the investigations. To date, 309 cases have received pre-approvals, including recent ones in Thai Nguyen. In several provinces (Thai Nguyen, Quang Nam, and Hue) the problems have been worked out. In Phu Tho and Thanh Hoa, there are issues still being worked on and problems that have not yet been addressed. At Tu Du Hospital, the situation is very complicated with many people/agencies involved. The issues have to do with records, potential fraud, etc. They are working hard to resolve these issues but it will take time due to the complexity of the situation.

Contrary to some rumors, the files do not “sit on shelves” but are continually worked on to move the cases along. They are working with the most senior levels of government to resolve the issues. They are also working to streamline processes. There is now same day visa service. However, APs should not make return flights too close to the time they expect to receive the child’s visa as there are sometimes computer glitches. APs should not book flights home before the evening of the day following the visa interview. They are also working with the National Visa Center to go “paperless” to help with the current lag time between pre-approval CIS letter and embassy notification.

*As of Nov, 07, all I-600s had to be filed at HCMC office. I-600s should not be kept at local offices. That’s where they sit on the shelf. I-600s should be sent to HCMC. This issue is causing some of the delays.

There will be a DNA policy announcement tomorrow by the HQ office. Michael Valverde and his office will be setting up a conference call with ASPs in the next two weeks to answer questions.

There are 2 facilities authorized to conduct the DNA tests: IOM in HCMC and SOS in Hanoi. The results must be mailed directly to the US embassy in a sealed envelope by the facility.

DNA test required will be at the discretion of CIS. There have been about 10-12 cases thus far and the BPs complied; there have been no problems to date.

Fingerprints: There needs to be more diligence with regard to ensuring that APs have current FP records. The I-600 is not really approved until the immigrant visa process is completed and therefore the fingerprints need to be current at that time. ASPs and APs should pay attention to notes on pre-approval letters that may state that FPs need to be redone. If FPs are done at a service center in the U.S., CIS HCMC can be notified and verify new prints online.

The I-600 needs to have the original signature of the AP and the date. ASPs can assist with filling in the form but must state that they did so in the appropriate place on the form.

MOA Ending–and New Requirements by CIS:
As stated by Vietnam, dossiers must be in by July 1st and a match with a child made by Sept 1st.

However, the responsibility will be with APs to show that they have met all VN requirements. Therefore, two new forms will be required and added to the list of required documents:

1. DIA letter stating dossier has been approved
2. DIA letter stating commitment to adopt/assignment of child


The US has asked VN to provide a list by July 1st of the dossiers completed. They currently do not know the total. The US is hoping to receive more information soon. The ASPs need to let families know where they are in the process very specifically. The ASPs should send their own lists to CIS and copy the Embassy.

ASPs have to notify CIS of new referrals to be sure they are on the list. CIS can cross check with lists they hope to obtain from DIA. Especially in August will this be very important. It is important to file the I-600 ASAP, with the hope that the last ones will be filed before Oct 1st.

On Sept 1st – if case has not received referral, the case will be returned to the ASP. The letter from the Vietnam government also specified that licenses of the ASPs would terminate on Sept 1st but that they would be allowed to process the remaining approved cases.

Side note: The MOA required both countries to commit to renewing it by March 1st. On Feb 1st, the US notified the VN that they would be unable to renew the MOA in its current form and indicated their willingness to re-negotiate a new MOA. The USG also requested clarification on the processing of adoption cases if the MOA expires. Between Feb 1st and mid-April, the DIA discussed options within the Vietnamese government; it was an ongoing discussion and thus a coincidence that they sent a letter to the US indicating the July 1st and Sept 1st dates on the same date that the embassy released the report on irregularities.

MOA negotiations: In a new agreement, there would need to be a strengthened VN system, to address both regulatory issues on VN side and on the ASP side. It would be a time limited agreement, as a bridge to the Hague Convention. The focus of the US is twofold: to help current cases/families and protect the members of the adoption triad, and to develop a stable adoption and child services system in VN.

Discussions are going on, on multiple levels (with JCICS, Ethica, etc.) and there are a lot of good ideas and input for the revised MOA. Discussions with Vietnam are underway, but use of the term “negotiations” is premature, as the discussions are currently taking place on the lower rungs of the diplomatic ladder. The USG has asked for VN to name a more senior person to conduct negotiations but the Vietnamese have not yet done so. It is unclear at the moment what the timeframe will be.

Q&A session:
Is DNA search against VN law?

The VNese have been complying with DNA searches for 15 years in refugee cases (at IOM in HCMC). Also, they have been compliant in other immigration cases. It should not be a problem. Immigration is a benefit and the USG has the right to request such testing.


Names Involved in Fraud Going to be Released?

The USG cannot make public names of agencies or facilitators who have been linked to fraud to the general public. They will cooperate with law enforcement authorities, of course, and if someone is prosecuted then that’s a different story. But no list will be posted.