DO YOU THINK AMERICA SHOULD ADOPT ALL PEOPLE FROM ALL OVER THE WORLD AGAINST THEIR OWN POLICIES WHEN ONES DEEMED TO BE VULNERABLE TO BAD THINGS IN THEIR OWN COUNTRY? Why should USCIS approve your case against their government policies?
On Feb 1, 9:10 pm, PuppyXpress <[email protected]> wrote: > ---------- > > Hi All, > > Please help contact your congressman or congresswoman to lift the U.S. > Adoption Polices that ban adoption from Cambodia. U.S. Adoption Policies > toward innocient Cambodian orphans are unjust. > My two adopted (parentless) nephews (14 and 16 years old) have been forced > to live by themselves without an adult supervison and the USCIS is closing > their eyes on them. I've worked with the USCIS for over a two-month period > and with the help from the Speaker Nancy Pelopsi's and Senator Feinstein's > staff. After receiving an immediate rejection and a run-around advice, the > USCIS agreed to review my application to petition my adopted newphews for a > second time but to reject it again due to the U.S. Policies on Cambodia. I > also got a call from the Speaker Nancy Pepsi's staff yesterday and > was told that there was nothing else that she could do. > > As an adopted parent, I'm terrified about my adopted nephews' situation. > Who is there to ensure that they don't associate with bad kids, who is there > to ensure that they eat properly, who is there to take care of them when > they are sick, and who is there to help them from harm? If you're a > parent, you would understand how I feel. I'm a single mother with two > smaller kids (6 and 9 yrs. old) of my own, work full time, and go to night > school with hopes of giving back to Cambodian people some day. I have > contacted for help with every agency and media that I could think of, but I > don't have much hope at this point. It's unfair to innocient Cambodian > orphans, not just to my parentless nephews, that the U.S. just punishes all > the innocient orphans just because someone or some organizations did > something wrong eight years ago. I am a U.S. citizen, but > I couldn't believe myself that the U.S. treats innocient kids this > way. Please help me convince the U.S. Policy makers that their current > policies are unjust and wrong. Please forward this email to as many people > as you see fit. Below is my email trail, corresponding with the USCIS. > > Thanks for your help in advance. > > Marlai Ouch > > > > ----- Forwarded Message ---- > > *From:* Marlai Ouch <[email protected]> > *To:* "ADOPTION, SFR" <[email protected]> > *Sent:* Monday, January 26, 2009 4:36:57 PM > *Subject:* Re: International Adoption from Cambodia > > Hi, > > I understand that the adoption is closed in Cambodia. I had expected my > case to be an exception as I'm petitioning my parentless nephews, not kids > from an adoption agency. The Cambodian judge had granted me the final > adoption decree knowing that I would use that to petition the kids to the > U.S. The below contact information would not help me at all. I've > contacted the below agencies before with the exception of the Cambodia's > Adoption Authority as my nephews are not resided in any of the adoption > agencies in Cambodia. I will appeal this decision. > > Thanks for your response. > > Marlai > > ------------------------------ > *From:* "ADOPTION, SFR" <[email protected]> > *To:* Marlai Ouch <[email protected]> > *Sent:* Monday, January 26, 2009 3:10:35 PM > *Subject:* RE: International Adoption from Cambodia > > Ms. Ouch, > > As stated in a previous email dated January 9, 2009; the State Department > web sit states that for Cambodia intercountry adoption is not possible at > time. As of this date the Cambodia is still CLOSED. There is some contact > information that you can email the Embassy with your concerns. > > Your application is being returned by mail with a copy of this email > attached. > > Thank You, > > San Francisco > > Orphan Unit > > ------------------------------ > > *From:* Marlai Ouch [mailto:[email protected]] > *Sent:* Thursday, January 22, 2009 7:15 AM > *To:* ADOPTION, SFR > *Subject:* Re: International Adoption from Cambodia > > Hi, > > How soon can I have a final decision on my case? I'm very concerned about > the kids' situation in Cambodia . I got a call last night from the husband > of the family that I have the kids stayed with and was told that he got into > an argument with his wife. As a result, his wife demanded that I move the > kids out from their house. If not, she would buy a new lock to keep the > kids out of their house. She wanted the kids out of the house once before, > but I asked the husband to keep the kids with them for a few more months > while I'm going through this petition process. The wife wanted to hold on > to the money that I give to kids bi-monthly for their personal spending and > to pay for their Cambodian and English schools, but I refused because I did > exactly that at the previous place, the lady eventually stopped paying for > the kids' schools and used that money for her own personal use. > > I have no other places with an adult supervision that I can move the kids > to. I am now forced to have the kids stayed at a one-unit rental place > without an adult supervison. I have asked the older kid, Soratha, to check > out a one-room rental place not too far from where they currently live to > see if he and his brother would feel comfortable staying there. Soratha > called me this morning around 5 a.m. and told me that the room is small but > he and his brother could stay and made a deposit for the place. He tried to > confort me that he could manage living with his brother without an adult > supervison. The place is ready to be moved tomorrow. I've never had the > kids lived by themselves before until starting from tomorrow. I have asked > Soratha to step up and help his brother to move to the new place tomorrow. > I've asked him to purchase all the necessary items that they need for the > new place. > > I know that kids will be kids. I'm worried and extremely scared about their > situation in this new place. How well are they going to eat each day, who > is going to watch them to ensure that they don't associate with bad kids, > who is going to watch them when they are sick, and who is going to protect > them from harm? Please help me answer the questions. > > May I come and talk to you more about their situation? > > Please help aprove my application as soon as possible. > > Thanks, > > Marlai > ------------------------------ > > *From:* Marlai Ouch <[email protected]> > *To:* " ADOPTION, SFR " <[email protected]> > *Sent:* Friday, January 9, 2009 9:26:07 AM > *Subject:* Re: International Adoption from Cambodia > > Thanks for your quick response. Please let me know if there is anything > else I can do to help speed up your reviewing process. > > Thanks for your help. > > Marlai Ouch > > ------------------------------ > > *From:* " ADOPTION, SFR " <[email protected]> > *To:* Marlai Ouch <[email protected]> > *Sent:* Friday, January 9, 2009 7:21:28 AM > *Subject:* RE: International Adoption from Cambodia > > As you are aware now, the State Department web site states that for > Cambodia intercountry adoption is not possible at this time; the orphan unit > is still reviewing your application. > > Thank You, > > Orphan Unit > ------------------------------ > > *From:* Marlai Ouch [mailto:[email protected]] > *Sent:* Friday, January 09, 2009 5:30 AM > *To:* ADOPTION, SFR > *Subject:* Re: International Adoption from Cambodia > > Hi Orphan Unit, > > Thank you for your update. What does this mean to my case? > > Thanks, > > Marlai Ouch > > ------------------------------ > > *From:* " ADOPTION, SFR " <[email protected]> > *To:* Marlai Ouch <[email protected]> > *Sent:* Thursday, January 8, 2009 10:34:07 AM > *Subject:* RE: International Adoption from Cambodia > > Ms. Ouch, > > Your application is still currently under review. The orphan unit has > reviewed the state department web site and according > towww.travel.state.gov/family/adoption;for Cambodia (which you are aware) is > Hague country and intercountry adoption is not possible at this time. You > may review the web site for more information. > > Thank You, > > Orphan Unit > > San Francisco > ------------------------------ > > *From:* Marlai Ouch [mailto: [email protected] ] > *Sent:* Friday, December 12, 2008 9:20 AM > *To:* ADOPTION, SFR > *Subject:* Re: International Adoption from Cambodia > > Thank you for reconsidering my application. I'll mail it out today with a > certified mail. > > Marlai Ouch > > ------------------------------ > > *From:* " ADOPTION, SFR " <[email protected]> > *To:* [email protected] > *Sent:* Friday, December 12, 2008 7:56:15 AM > *Subject:* RE: International Adoption from Cambodia > > Ms. Ouch, > > This is the San Francisco Orphan Unit and our congressional office and your > congressman have inquired regarding your application. I want to apologize > for any confusing this has caused you. > > You may *MAIL* your application back to the San Francisco office with all > the supporting documents, and I will once again review your application. > > Thank You! > > San Francisco > > Orphan Unit > > USCIS > > Attn: Orphan Unit > > 630 Sansome Street > > San Francisco, CA 94111 > > ------------------------------ > > *From:* Pasol, Connie Y *On Behalf Of *NBC Hague > *Sent:* Friday, December 12, 2008 5:41 AM > *To:* Marlai Ouch > *Subject:* RE: International Adoption from Cambodia > > Ms. Ouch, > > I am forwarding your email to the appropriate office as we, the National > Benefits Center , do not have jurisdiction over your previously filed > I-600. cp > > *______________________________________________* > *Connie Pasol*| * ISO * | DHS | *USCIS * | NBC | Hague Adoptions | > 877.424.8374 | *: [email protected] > > WARNING: This document is FOR OFFICIAL USE ONLY. It contains information > that may be exempt from public release under the Freedom of Information Act > (5 U.S.C. 552). This document is to be controlled, handled, transmitted, > distributed, and disposed of in accordance with DHS policy relating to > SENSITIVE BUT UNCLASSIFIED information and is not to be released to the > public or other personnel who do not have a valid need to know without prior > approval from the originator. Further transmission of LAW ENFORCEMENT > SENSITIVE information is limited by The Privacy Act (5 U.S.C. 552(a)) and > Trade Secrets Act (18 U.S.C. 1905), in accordance with the Third Agency > Rule. If you are not the intended recipient or agent responsible for > delivering the information to the intended recipient, unauthorized > disclosure, copying, distribution or use of the contents of this > transmission is strictly prohibited. If you have received this transmission > in error, please notify the sender and delete all copies from your system. > ------------------------------ > > *From:* Marlai Ouch [mailto: [email protected] ] > *Sent:* Thursday, December 11, 2008 3:26 PM > *To:* NBC Hague > *Subject:* Re: International Adoption from Cambodia > > Thanks, Connie. I'm now aware of the Hague Convention Law; however, I > wasn't aware of this law when I submitted my application. Furthermore, I > started the Court process in Cambodia in 2007 before the Hague Convention > took into effect. Because I knew the kids whom I wanted to adopt, my > parentless nephews, I didn't file Form I-600A. Per Form I-600A > instructions, I wasn't needed to get a pre-approval of this form as I could > just submit form I-600 once I had an official adoption decree, which was > what exactly I did. The kids are my relatives and you also mentioned that > there is such a law to petition them, given that I have to live with them > for two years. I have visited and seen them five times within the last > several years. There must be an exception. We cannot simply make a law > that is just black and white like this. I'm going to submit an appeal as > this decision is unjust. > > Thanks for your reponse. > > Marlai Ouch > > ------------------------------ > > *From:* NBC Hague <[email protected]> > *To:* Marlai Ouch < [email protected] > > *Sent:* Thursday, December 11, 2008 12:37:38 PM > *Subject:* RE: International Adoption from Cambodia > > Ms. Ouch, > > Since the Convention on Protection of Children and Cooperation in Respect of > Intercountry Adoption ("Hague Adoption Convention") is in force between the > United States and Cambodia, the beneficiary's eligibility to immigrate is > governed by the Hague Adoption Convention, title III of the Intercountry > Adoption Act, Public Law 106-279, and the USCIS regulations at 8 CFR part > 204, subpart C. > > Article 5 of the Convention provides that: > > An adoption within the scope of the Convention shall take place only if the > competent authorities of the receiving State – > > *a)* have determined that the prospective adoptive parents are eligible and > suited to adopt; > > *b)* have ensured that the prospective adoptive parents have been counseled > as may be necessary; and > > *c)* have determined that the child is or will be authorized to enter and > reside permanently in that State. > > * * > > Article 17 of the Convention provides that: > > Any decision in the State of origin that a child should be entrusted to > prospective adoptive parents may only be made if – > > *a)* the Central Authority of that State has ensured that the prospective > adoptive parents agree; > > *b)* the Central Authority of the receiving State has approved such > decision, where such approval is required by the law of that State or by the > Central Authority of the State of origin; > > *c)* the Central Authorities of both States have agreed that the adoption > may proceed; and > > *d)* it has been determined, in accordance with Article 5, that the > prospective adoptive parents are eligible and suited to adopt and that the > child is or will be authorized to enter and reside permanently in the > receiving State. > > Section 204.309(b)(1) of title 8, Code of Federal Regulations, provides > that: > > A USCIS officer must deny a Form I-800 if: > > (1) Except as specified in 8 CFR > 204.312(e)(2)(ii)<http://web2.westlaw.com/find/default.wl?vc=0&ordoc=19032294&rp=%2ffin...>with > respect to a new Form I-800 filed with a new Form I-800A to reflect a > change in marital status, the petitioner completed the adoption of the > child, or acquired legal custody of the child for purposes of emigration and > adoption, before the provisional approval of the Form I-800 under 8 CFR > 204.313(g)<http://web2.westlaw.com/find/default.wl?vc=0&ordoc=19032294&rp=%2ffin...>. > This restriction will not apply if a competent authority in the country of > the child's habitual residence voids, vacates, annuls, or terminates the > adoption or grant of custody and then, after the provisional approval of the > Form I-800, and after receipt of notice under article 5(c) of the Convention > that the child is, or will be, authorized to enter and reside permanently in > the United States , permits a new grant of adoption or custody. The prior > adoption must be voided, vacated, annulled or otherwise terminated before > the petitioner files a Form I-800. > > The adoption decree in this case was entered before the approval of Form > I-800A and before provisional approval of the Form I-800. Moreover, the > steps contemplated by article 5 and article 17(c) and (d) of the Convention > were not completed before the adoption. On the basis of the record of > proceedings, therefore, USCIS is not able to grant provisional approval of > the Form I-800. > > Section 204.309(b)(1) was published in the *Federal Register* on October 4, > 2007, at 72 *Fed. Reg*.56832. As a matter of law, publication in the *Federal > Register* is sufficient notice of these requirements stated in section > 204.309(b)(1). 44 U.S.C. 1507. > > In addition, the Instructions for Form I-800A, specifically cautions > prospective adoptive parents: > > Do not adopt or obtain custody of the child until *after* > > 1. USCIS ahs approved this Form I-800A; *and* > > 2. You have obtained provisional approval of a Form I-800 . . .; *and > * > > 3. The U.S. Department of State has provided to the Central Authority > of the child's country of origin the notice, under Article 5 of the > Convention, that the adoption or custody proceeding may be completed. > > Form I-800A Instructions at p. 1 (02/25/2008 edition). Questions 18 and 19 > on the Form I-800 itself also make clear that adoption *before* the filing > of a Form I-800 may warrant denial of the Form I-800, unless the adoption is > vacated, annulled, or otherwise terminated. > > I'm blind copying your local field office on this email so that they may > further assist you with other family-based immigration questions. Please > let us know if we can be of further assistance. Thank you! cp > > *______________________________________________* > *Connie Pasol*| * ISO * | DHS | *USCIS * | NBC | Hague Adoptions | > 877.424.8374 | *: [email protected] > > WARNING: This document is FOR OFFICIAL USE ONLY. It contains information > that may be exempt from public release under the Freedom of Information Act > (5 U.S.C. 552). This document is to be controlled, handled, transmitted, > distributed, and disposed of in accordance with DHS policy relating to > SENSITIVE BUT UNCLASSIFIED information and is not to be released to the > public or other personnel who do not have a valid need to know without prior > approval from the originator. Further transmission of LAW ENFORCEMENT > SENSITIVE information is limited by The Privacy Act (5 U.S.C. 552(a)) and > Trade Secrets Act (18 U.S.C. 1905), in accordance with the Third Agency > Rule. If you are not the intended recipient or agent responsible for > delivering the information to the intended recipient, unauthorized > disclosure, copying, distribution or use of the contents of this > transmission is strictly prohibited. If you have received this transmission > in error, please notify the sender and delete all copies from your system. > ------------------------------ > > *From:* Marlai Ouch [mailto: [email protected] ] > *Sent:* Tuesday, December 09, 2008 12:03 PM > *To:* NBCHague > *Subject:* International Adoption from Cambodia > > Hi Connie, > > Thank you for taking my call today. Please help advise on what I need to do > to get my adopted nephews to the U.S. > > I already had a custody of my two nephews in 1999 from their province in > Cambodia since their last parent had passed away. Due to my personally > issues, I wasn't ready to petition them to come to the U.S. I had a shaky > marriage and a newborn of my own and eventually ended up with a divorce with > a second baby. In 2007, when I was ready to bring them over to the US , I > started a Court process in Cambodia to obtain an adoption decree, which was > required under Form I-600. The judge finally granted an adoption decree on > 7/28/08, but it was held up to give any potential relatives a chance to > claim the kids. The adoption decree was released to me in October 2008 and > I filed Form I-600 on 11/10/08, but it got rejected. When I filed Form > I-600, I didn't know that the Hague Convention went into effect on 4/1/08. > > The rejection letter instructed me to file Form I-800A and I-800 and to work > with an accredited adoption agency. After reading the I-800 instructions > and started filling out the two files, Form I-800 cannot be used since I > have already adopted my nephews abroad. > > I then went to see the U.S. Citizenship and Immigration Office in San > Francisco and spoke with Ms. Jackson. Ms. Jackson appeared to be not > knowledgeable with international adoption, but she called the person who > rejected my application, and confirmed that I had to file Form I-800A and > I-800 and directed to work with one of the provided list of adoption > agencies regardless. > > I visited the recommended adoption agency in San Francisco , but it had > moved out or out of business four to five years ago, per the building > security guard. I then called many other adoption agencies and finally got > connected to two adoption agencies (Holt International Children's Services > and Adoption Internation). These two agencies did not accept my case, as > they said are not approved to work on adoption from Cambodia , and my case > would have been rejected under both Forms. > > As you can see, I'm now helpless. I have opened my case with the offices of > Diane Feinstein, Barbara Boxer, and Nancy Pelopsi for help, but they > generally cannot help me until my case has been accepted by the USCIS. > > Thanks for your help. > > Marlai Ouch > > p.s. The below recommended adoption agencies are no longer existed. Please > remove them from the Private Adoption Agencies list. > > Catholic Charities of teh Archdiocese of San Francisco > > 814 Mission Street , 5th floor > > San Francisco , CA 94103 > > 41... > > East West Adoptions, Inc. > > 2 Parnassus Road > > Berkeley , CA 94708 > > 51... > > Heartsent Adoptions, Inc. > > 6 Oak Lane > > Orinda , CA 94563 > > 51... > > > > image003.jpg > 82KViewDownload > > image001.jpg > 46KViewDownload- Hide quoted text - > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Cambodia Discussion (CAMDISC) - www.cambodia.org" group. This is an unmoderated forum. Please refrain from using foul language. Thank you for your understanding. Peace among us and in Cambodia. 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